« EdellinenJatka »
complaining, by the Poundkeeper or other Person in whose Custody the Cattle, Goods, or Chattels so distrained shall be ; and such Order or Replevin and Deliverance shall be returnable to the Justices at the next General Quarter Sessions to be holden for the County, Division, City, Town, or Place within which such Distress shall have been taken or made, or such Cattle, Goods, or Chattels shall have been impounded, to be then and there tried and disposed of in manner hereinafter directed; and such Order of Replevin and Deliverance shall be in the Form or to the Effect
hereafter specified and set forth. Justices may
III. Provided always, and be it enacted, That it shall and may adjudge the
be lawful for such Justices at such Petty Sessions, upon the Payment of a smaller Sum.
Hearing of such Case, to adjudge the Payment of any Sum which they may think justly due; and if Payment of such Šum shall not be made accordingly, or shall not be received by the Party on whose Behalf such Distress shall have been made, it shall and may be lawful for such Justices at such Petty Sessions either to grant or to refuse to grant such Order of Replevin or Deliverance, ac
cording as they shall think just and fit. Justices shall IV. Provided always, and be it enacted, That it shall not be not make
lawful for the Justices at any such Petty Sessions to make any Order for Re- such Order for Replevin and Deliverance of any such Distress, plevin until Recognizances unless nor f until the Party complaining shall at such Petty and Sureties Sessions have entered into Recognizance in Double the Amount are given. of the Rent or Arrears of Rent which may appear to such + Sic. Justices to be due, with Two sufficient Sureties, conditioned to
abide the Decision upon such Case at the next ensuing Quarter
Sessions. Form of Re- V. And be it further enacted, That every Recognizance to be cognizance,
taken before such Justices of the Peace, before making any and Order of Replevin.
Order for the Replevin and Deliverance of any Cattle, Goods, or Chattels distrained, and every Order for Replevin and Deliverance of such Cattle, Goods, or Chattels, which shall be made by such Justices at Petty Sessions, shall be in the Form or to the Effect following respectively; (that is to say,)
• Form of Recognizance. · KNOW all Men by these Presents, That we A. B. Principal
, and C. D. of
and 6 E. F. of
Sureties, do hereby acknowledge ourselves to be held and firmly bound to [G. H. • the Person or Persons making the Distress], his (or her] Heirs, • Executors, or Administrators, in the Sum of
[being Double the Sum ascertained by the Justices at Petty Ses• sions to be due], for the true Payment of which we do hereby • bind ourselves and each of us, and our and each of our Heirs, • Executors, and Administrators. Sealed with our Seals, and "dated this
· The Condition of the above Recognizance is, That if the said • A.B. shall appear at the next General Quarter Sessions to be • held at [name the Place], and shall then and there abide any 'Suit to be brought against him by or on Behalf of (1. K. the • Person by whom or on whose Behalf the Rent is claimed], for the Sum of specify the Sum], claimed as Rent or Arrears of Rent
70 & 8° GEO. IV.
• due to the said I. K., and if the said A. B. shall well and truly
Quarter Sessions be decreed or awarded to be due from the said
A. B. to the said I. K., then this Recognizance shall be null and
A. B. (Seal) Principal.
Sureties. • N. 0.5 Peace.
E. F. (Seal) )
· Form of Order for Replevin and Deliverance. WE, the undersigned L. M. of
and N. 0. of
Justices of the Peace, at a Petty · Sessions (or reputed Petty Sessions] held this Day at
having duly and carefully examined into the Complaint of A.B. • [the Person whose Goods have been distrained for Rent], and
being of Opinion that at the Time such Distress was made, • that† the Sum claimed as Rent or Arrears of Rent from the • said A. B. was not justly due; and the said A. B. having • entered into Recognizance with Two sufficient Sureties in • Double the Amount which appears to us to be justly due, con
ditioned to abide the Trial or Suit to be instituted in such Case « at the next General Quarter Sessions to be held at
and fully to satisfy and pay whatever Sum and Costs shall be • awarded and decreed to [I. K. the Person by whom or on whose
Behalf the Rent is claimed]; We do hereby order and decree, • That Replevin and Deliverance shall be made by you, the ' undernamed Poundkeeper, or Keeper of the Cattle [or Goods • or Chattels] so distrained, to the said E. F. of the said Cattle
[or Goods and Chattels] so distrained ; that is to say [here specify the Cattle or Goods or Chattels so distrained] ; and for
your so doing this shall be your sufficient Authority. Given • under our Hands and Seals, this
L. M. • To P. Q. Poundkeeper, or other
N. 0. Keeper of the Cattle or Goods or Chattels distrained.' VI. And be it further enacted, That it shall be lawful for the Poundkeeper Poundkeeper or other Keeper of any Cattle, Goods, or Chattels served with a so distrained, in whose Custody such Cattle, Goods, or Chattels Copy of Order shall be, such Poundkeeper or other Person being served with a
signed by Jus. Copy of such Order for Replevin and Deliverance as aforesaid, Clerk of Petty certified by the Signature of One of the Justices under whose Sessions, shají Authority such Order shall be made, or by the Clerk of the Petty deliver up the Sessions, and every such Poundkeeper or other Person as afore. Distress. said is hereby authorized, empowered, and required to deliver up the Cattle, Goods, or Chattels specified in such Order, to the Person or Persons from whom they shall have been distrained as aforesaid.
VII. And be it further enacted, That any and every Pound. Penalty for not keeper or other Person as aforesaid so served with such Copy of delivering such Order certified as aforesaid, who after Tender made to him Cattle, Goods,
or Chattels. of his lawful Fees shall neglect or refuse to deliver up such Kk 4
tice or the
Cattle, Goods, or Chattels to the Person or Persons from whom they shall have been distrained as aforesaid, shall forfeit and pay a Sum not exceeding the Sum of Ten Shillings for every Twenty four Hours during which such Poundkeeper or other Person shall detain such Cattle, Goods, or Chattels in his Custody, after he shall have received such Copy of such Order of Replevin as aforesaid ; and it shall be lawful for the Magistrates by whom such Order was made at the Petty Sessions aforesaid to issue their Warrant to levy such Penalty, and to pay the same to the Person aggrieved by the Detention of such Cattle, Goods, or Chattels as
aforesaid. Justices shall VIII. And be it further enacted, That the Justices of the Peace lodge original making any such Order as aforesaid shall lodge and deliver, or Recognizances or direct to be lodged and delivered, any and every with Clerk of the Peace Three original Recognizance, and any and every original Order for Days before the Replevin and Deliverance, which shall be taken before and shall Quarter Ses be made by such Justices in the Execution of this Act, to the sions.
Clerk of the Peace or acting Clerk of the Peace for the County, District, City, Town, or Place where such Quarter Sessions shall be holden, Three Days (if practicable) previous to the First Day of such Quarter Sessions, or the Adjournment thereof, next after the making of any and every such Order respectively, but so that there shall be at least Two clear Days between the Delivery of every such Recognizance and Order to the Clerk of the Peace and the First Day of such Quarter Sessions or Adjournment; and such Clerk of the Peace shall keep and dispose of all such Recog. nizances and Orders under the Direction and Regulation of the
Assistant Barrister there presiding for the Furtherance of Justice. Validity of such IX. And be it further enacted, That the Validity and Effect Orders of Re- of all such Orders of Replevin and Deliverance of Distress as plevin shall be shall be made pursuant to the Directions of this Act shall be tried by Assist
tried and determined by and before the Assistant Barrister, or ant Barrister, at Sessions, as acting Assistant Barrister, or Chairman presiding at such Quarter Cases of Re. Sessions, and he is hereby authorized and required to examine plevin. into and ascertain the Question whether any how and † much + Sic. Rent was due (at the Time of such Distress having been made),
in a summary Manner, in the Nature of a Civil Bill, upon the
any such Order of Replevin shall have been made shall be taken and considered in the Nature of a Plaintiff in Replevin, and the Party on whose Behalf such Distress was made shall be taken and considered in the Nature of a Defendant or Avowant in Replevin; and such Assistant Barrister or Chairman shall have such Jurisdiction, and such Power of summoning Witnesses, and of compelling their Attendance, as are or may by Law be given to or vested in such Assistant Barrister or Chairman in and for the Trial of Actions by Civil Bill, or of Ejectments, under any Act or Acts in force in Ireland ; any Law, Usage, or Custom to
the contrary in anywise notwithstanding. Assistant Bar- X. And be it further enacted, That it shall be lawful for such
Assistant Barrister or Chairman, and he is hereby authorized, give Judgment empowered, and required, upon any Trial or Determination in Rent due and respect of any such Order for Replevin and Deliverance, to make, Costs.
70 & 8° GEO. IV.
sign, and give a Judgment and Decree against the Goods and Persons of the Principal and Sureties, or any of them, in any such Recognizance, for any such Rent or Sum as such Assistant Barrister or Chairman shall adjudge to be due to the Person or Persons on whose Behalf such Distress shall have been made, at the Time when such Distress was made, whether such Rent or Arrears shall or shall not exceed the Sum of Ten Pounds, with reasonable Costs of Suit, to be paid to such Person or Persons ; and if it shall appear to such Assistant Barrister or Chairman, upon such Trial and Examination as aforesaid, that no Rent or Arrears of Rent were due at the Time of such Distress, or that no more Rent was due than was ascertained by the Magistrates upon the Hearing of the Complaint at the Petty Sessions aforesaid, it shall and may be lawful for such Assistant Barrister or Chairman, and he is hereby authorized and required, to sign a Decree of Dismiss against the Party on whose Behalf such Distress was made, with reasonable Costs of Suit, to be levied on his Person or Goods, and to be paid to the Person who obtained such Order of Replevin and Deliverance, in manner hereinbefore directed by this Act.
XI. And be it further enacted, That in case either of the Per- Appeal from sons so being in the Nature of Plaintiff or Defendant or Avowant Decree of Asin Replevia as aforesaid shall think himself or themselves
rister. grieved by the Judgment, Decision, or Decree of any Assistant Barrister or Chairman of the Sessions, it shall and may be lawful for any such Party to appeal to the next going Judge of Assize for the County, City, or Town within or for which such Quarter Sessions shall be held, or within the County of Dublin, to the Chief Justice of the Court of King's Bench or Common Pleas, or to the Chief Baron of the Exchequer, or other Judge of Nisi Prius for the City of Dublin, in like Manner as Appeals may by Law be made in Civil Bill Cases ; and it shall be lawful for such Judge of Assize, and he is hereby authorized, empowered, and required to try and determine the Matter of such Appeal, and the Decision of such Judge shall be final and conclusive in the particular Case
upon all Parties. XII. Provided always, and be it enacted, That it shall not be On such Aplawful to appeal from any such Decision, Judgment, or Decree of peal the Appelany such Assistant Barrister or Chairman as aforesaid, unless lant shall give
Security the Party intending to appeal shall give Security forth with, or within Twenty four Hours next after such Decision, Judgment, or Decree shall be given, to the Satisfaction of the Assistant Barrister or Chairman whose Decision or Decree shall be sought to be contravened, duly to prosecute such Appeal, and to bring the Matter at Issue to a final Hearing before the next going Judge of Assize or other Judge as aforesaid.
XIII. Provided also, and be it enacted, That it shall not be No Proceedlawful for any Person to proceed under the Authority of this ings under this Act in any Case where an Ejectment shall have been brought for Act in case of the Nonpayment of the Rent distrained for, previous to Complaint vious to Com. having been made under this Act to the Magistrates at their plaint. Petty Sessions as aforesaid ; any thing hereinbefore contained to the contrary in anywise notwithstanding.
Act shall not
XIV. Provided also, and be it enacted, That nothing in this extend to Act contained shall extend or be construed to extend to any Crown Rents, Distress made for any Crown Rent, Quit Rent, Composition Rent, &c.
Chief Rent, or Fee Farm Rent whatever, nor to any Distress for any Rent payable under any Lease, Demise, or Contract for ever, or for Lives renewable for ever, or for Nine hundred and ninety nine Years.
CA P. LXX.
hundred thousand Pounds by Exchequer Bills, and for
[2d July 1827.] I.
The Treasury may raise 500,0001. by Exchequer Bills, in like Manner
as prescribed by 48 G. 3. c. 1. II. The Clauses, &c. in that Act extended to this Act. III. Exchequer Bills to be paid out of the Supplies for next Session, IV. To bear an Interest not exceeding 31d. per Cent.
per Diem. V. And to be current at the Exchequer after April 5, 1828. VI. The Bank of England may advance not exceeding 500,0001. on the
Credit of Exchequer Bills raised under this Act. VII. The Treasury may direct Exchequer Bills to be made out in like
Manner as is prescribed by 48 G.3. c. 1. which shall be charged upon
the Supplies herein granted, and payable on Fourteen Days Notice. VIII. Clauses, &c. in that Act extended to this Act. IX. Exchequer Bills to bear Interest at 3 d. per Cent. per Diem. X. And be current at the Exchequer after the End of Four Months from
their Date. XI. The Bank may advance not exceeding 4,000,000l. on the Credit of
this Act. XII. Monies coming into the Exchequer by c. 1. ante, - £10,000,000 by
Exchequer Bills under c. 2. ante, – Monies coming into the Exchequer by c. 7. ante, and by c. 16. ante, - £ 13,800,000 by Exchequer Bills under c. 41. ante, — all Monies coming into the Exchequer by c. 42. ante, — and also the said £ 500,000 by Exchequer Bilis –
shall be applied as hereinafter expressed. XIII. £6,125,850 07 for Naval Services for the Year 1827, (that is to
cluding 9,000 Royal Marines,
at 21. 9s. per Man, per Month For 13 Months. 624,000 0 0 For Victuals for 30,000 Men, at
1l. 12s. per Man, per Month. 184,107 11 7 For Salaries of Officers and the contingent Ex:
pences of the Admiralty, Navy Pay, Navy, and
Victualling Offices. 158,728 5 8 For Ditto of His Majesty's Yards at Home. 560,000 0 0 For Wages to Artificers and Labourers in Ditto. 926,062 0 0 For Timber and other Materials. 40,000 0 For Pilotage and other Contingencies. 53,137 9 11 For Salaries of Officers and contingent Expences
of Foreign Yards. 70,385 86 Ditto Ditto of Victualling Yards.