No.XXVIII. subjoined, as also a copy of the names and designations of witnesses and 7 Geo. IV. havers, and a statement of other means of proof (as the case may be). c. 36. A. B. Officer. day of one thousand eight years, the which day the Sheriff for the county found and hereby finds the within designed defender, liable to the also within designed At hundred and of the pursuer, in the sum of with of expenses, decerned and ordained, and hereby decerns and ordains instant execution execution to pass hereon by poinding and free days. by arrestment, and also imprisonment after SCHEDULE (B.) J. P. Sheriff Clerk. N. B. After the name of each pursuer and defender, let the letter P. or A. be added, in order to mark whether the party was present or absent when the cause was called; let expences be also entered under the head of interlocutors. [No. XXVIII.] 7 George IV. c. 36.—An Act to regulate the Service of the Process of the several Courts for the Recovery of Small Debts by Civil Bill in Ireland.-[5th May 1826.] WHEREAS it is expedient to make regulations for the service of process issued on civil bills under and by virtue of an Act made in 36 G. III. (I.) the Parliament of Ireland in the thirty-sixth year of the reign of His late Majesty King George the Third, for the better and more convenient administration of justice, and for the recovery of small debts in a summary way at the sessions of the peace in the several counties in Ireland, and of the several Acts in force in Ireland for the ainending of the said Act; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That at the several sessions of the peace in and for the several counties in Ireland which shall be holden in the month of October next after the passing of this Act, each and every of the assistant barristers appointed, under the authority of the said recited Act (or of any Act for amending the same), to be assistants to the Justices at every such sessions, shall, by warrant or warrants under the hand and seal of each such assistant barrister respectively, nominate and appoint such number of fit and proper persons, being householders, residing in the principal market towns within the said counties, to be officers for the service of civil bill processes within such county or division thereof as shall be specified and set forth in any such warrant respectively; and it shall be lawful for each and every such officer so nominated and appointed, and he and they is and are hereby authorized and required, to serve such Assistant Barristers to appoint Officers to serve civil Bill Processes in the several Counties. c. 36. process accordingly, within such county or division thereof as aforesaid; No.XXVIII. and from and after the appointment of any such officers respectively, it 7 Geo. IV. shall not be lawful for any person whomsoever, other than one of such officers as shall be appointed and authorized under the authority and according to the directions of this Act, to serve any such process; and that any service or pretended service of any process by any person or persons not appointed and authorized under this Act, shall be wholly null and void to all intents and purposes whatsoever, any Act or Acts of Parliament, or any law usage or custom to the contrary in anywise notwithstanding. After such Apother Persons pointments no shall serve any such Process. Service by un authorized Persons declared void. Places of II. And be it further enacted, That the names and places of abode of Names and each and every officer who shall be appointed by any such assistant barrister to serve such process as aforesaid, shall be from time to time published in some one or more public newspaper or newspapers circulated in the county, and shall be otherwise promulgated and made known in such manner and at such times as to such assistant barrister shall seem fitting and expedient. abode of Officers shall he published in County Newspapers. Annual Salary be paid byCollector of Exficate of Ascise, on Certi sistant Bar rister. III. And be it further enacted, That every officer who shall be appointed by any assistant barrister for the serving of process shall be to officers to entitled to and shall receive a salary of ten pounds a year, to be paid quarterly, upon a certificate signed by such assistant barrister, specifying the amount of such payment, and stating that such officer has duly performed the duty of his office to the satisfaction of the magistrates and of such assistant barrister during the preceding quarter, or during such period thereof as such person shall have so served; and upon the production of such certificate to the collector of excise for any district within which the sessions shall be holden, or within which such officer shall reside, it shall be lawful for such collector of excise to pay to such officer the amount of the payment mentioned in such certificate; and all monies so paid shall be allowed to the collector of excise in his account, upon production of such certificate, endorsed by the officer to whom such money shall be payable. IV. And be it further enacted, That it shall be lawful for any officer who shall be appointed by such assistant barrister for the serving of process, in addition to the salary made payable under this Act, to receive a fee of sixpence for the service of every process which he shall be required to serve; and which said sum of sixpence shall be paid to such officer on the delivery of such process to him for the purpose of being served by him. V. And be it further enacted, That each and every officer who shall be appointed under the authority of this Act for the service of process shall be removable, and shall and may be removed, at the will and pleasure of the assistant barrister of the county for the time being, and that any other person or persons may be appointed by such assistant barrister, or with his consent, in mauner directed by this Act, in the room of any officer so removed; and the names of each and every person so removed, as also the names and places of abode of each and every person appointed in the room and stead of any officer so removed, shall be published in like manner as by this Act is required with respect to the original appointment of any such officer respectively. Officers may Service of Officers may Names shall be published. VI. And be it further enacted, That a book or books shall be kept by Book to be every officer who shall be appointed under this Act for the service of kept by Offi. process, in such form as shall be directed or approved by the assistant cers for enterbarrister, in which shall be entered the names of the plaintiff and defendant ingParticulars by or against whom any process shall be issued, the cause of action, the of Service of nature of such process, the day on which such process shall be received Process. to be served, the day on which such process shall be served or executed, the place where, and the nanie and description of the person on or with whom such process shall be served or left; and in case any such process shall not have been duly served or left, then the cause of such service not having taken place shall be stated; and each and every officer so appointed by any assistant barrister for the service of such process shall No. XXIX. 7 Geo. IV. c. 41. attend, and produce such book to the assistant barrister, at each and every sessions of the peace, or shall cause such book to be produced to such barrister, in case the personal attendance of such officer shall be dispensed with by such barrister, upon a sufficient excuse for nonattendance. [ No. XXIX. ] 7 George IV. c. 41.-An Act to amend the Laws for the Recovery of Small Debts, and the Proceedings for that Purpose, in the Manor Courts in Ireland.-[26th May 1826.] W THEREAS an Act was passed in the Parliament of Ireland, in the Twenty-fifth Year of the Reign of His late Majesty King George 25 G. III. (I.) the Third, intituled An Act for the more speedy and easy Recovery of Small Debts in the Manor Courts within this Kingdom, and for regulating the Costs So much of recited Acts as excepts the Manor Courts of Proceedings for that Purpose therein; and whereas an Act was passed 27 G. III. (I.) in the Parliament of Ireland, in the twenty-seventh year of His said late Majesty's reign, to render more effectual the said recited Act of the twenty-fifth year aforesaid; and it is expedient that the provisions of the said Acts should be amended, and the benefit thereof extended; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That so much of the said recited Acts, or either of them, as excepts the manor courts in the county of Dublin, or in the county of the city of Dublin, from the operation of the said Acts or either of them, shall be and is hereby repealed; and that from and after the passing of this Act the said recited Acts, and all the provisions therein contained, as the same are amended or enlarged by this Act, shall extend and apply, and shall be construed to extend and shall be applied, to all manor courts within Ireland, and to the recovery of all sums of money to the amount mentioned in the said recited Act of the twenty-fifth year of his late Majesty, and to any amount whatever within the sums to which the jurisdiction of such manor courts may be respectively limited, by the grants or charters or other authority under which the said respective courts may be held, where the cause of action shall arise within the jurisdiction of such courts respectively, although such sums shall exceed the several sums in the cases respectively mentioned in the said recited Act. of Dublin County and City from their operation, repealed; and the Acts extended to all Manor Courts in Ireland, to the Amount of their several Jurisdictions. Appeal from Decrees of Manor Courts in Dublin, may be made to Judges at Nisi Prius for Dublin, after Easter and Michaelmas Terms. II. And be it further enacted, That it shall and may be lawful for any person or persons who shall think himself or themselves aggrieved by any decree of any seneschal or steward of any manor court within the County or county of the city of Dublin, to appeal from such decree to the Chief Justice of His Majesty's Courts of King's Bench or Common Pleas, or to the Chief Baron of His Majesty's Court of Exchequer in Ireland, or to any other Justice of Nisi Prius in the said Courts, at their respective sittings at Nisi Prius for the city of Dublin, after the Easter or Michaelmas Term next following the pronouncing of such decree, in the same manner as any parties aggrieved are empowered and directed to do in any cases of civil bills; and the said Chief Justices and Chief Baron, or other Justices of Nisi Prius for the said city, are hereby empowered and required at the said sittings, which for this purpose they may hold in their respective courts, or in any other convenient place in the said city or liberties thereof, and may continue by adjournments as to them shall seem expedient, to hear and determine the said appeals, in the same manner as they are empowered and directed to do in any cases of civil bills, and to issue a decree and execution thercon in like manner as decrees and executions may be awarded and issued by the next going Judges of Assize, under the said recited Act of the Twenty-fifth year of King George the Second; and every such seneschal or steward is hereby required to stop further proceedings on every such decree, in like manner and upon the like conditions as by the said recited Act is directed and prescribed in any cases of appeal to the next going Judge of Assize. III. And be it further enacted, That in all cases where any complaint or application shall be made to the seneschal or steward of any manor court, such steward or seneschal shall and he is hereby authorized empowered and required to issue, or cause to be issued, a summons or process, in the name of such seneschal or steward, to the person or persons complained against, requiring such person or persons to appear at the next court to be holden by such seneschal or steward within such manor, on any day not less than seven days next after the date of such summons, and expressing the names of the parties plaintiffs and defendants, the cause of action, and the day and place of appearance; and every such summons shall be served upon the person or persons complained against on some day not less than three days before the day appointed for the appearance of such person or persons, by the delivery of such summons to such person or persons, or by leaving such summons at the usual place of abode of such persor. or persons; and in case such summons shall not be served or left as aforesaid on some day not less than three days before such days of appearance, the same shall be and become null aud void to all intents and purposes whatsoever. IV. And be it further enacted, That the goods or chattels of any defendant which shall or may be seized or taken under any attachment issuing out of any manor court in Ireland, shall not be sold or exposed to sale, but shall remain in custody of the marshal or other officer, until after the court day next succeeding the court day at which any defendant to whom such goods or chattels shall belong, shall have been summoned to appear as aforesaid; and that the goods and chattels of any defendant shall not be sold under any attachment in any case where the defendant shall appear, according to the exigency of such summons, and shall put in sufficient bail for his future appearance, and for abiding the decision of the court on the matter in question. No. XXIX. 7 Geo. IV. c. 41. Manner of issuing and serving Summons, &c. to attend Manor Courts. Goods seized under Attachment shall not be sold before ensuing Court Day, nor if Bail be put in by Defendant. Where sum sued for or recovered does not exceed 40s. Costs may be withholden; V. And be it further enacted, That whenever the sum sued for, or for which a verdict or decree shall be made or given in any manor court, shall not exceed the sum of forty shillings, it shall be lawful for the seneschal or steward of such court to withhold any costs or any part thereof from the plaintiff in such action, and not to issue any execution on the verdict for the costs allowed by the said recited Act of the twenty-fifth year of King George the Second, or to issue execution only for such part or proportion of such costs as to such seneschal or steward shall seem fitting and convenient, according to the circumstances of the case; and that in all such cases when the sum sued for, or for which a verdict or decree shall be made or given, shall not exceed the amount and Seneschal aforesaid, it shall and may be lawful for any seneschal or steward of such court, being a barrister of at least three years' standing, to stay the issuing of the decree for any space of time not more than three calendar months, provided the defendant shall undertake to pay the amount of the sums so decreed, with the costs, by such weekly or monthly instalments, or in such proportions as the said seneschal or steward, upon a careful inquiry and examination into the circumstances of the defendant and his ability to pay, shall direct; and the said decree shall be stayed accordingly, until default be made by the defendant, in the payment of some one instalment, and shall then only issue for the balance due on the foot of such decree, with such costs as the said seneschal or steward may think fitting. may stay the issuing of the Decree for three months, if the Defendant will undertake to pay the Instalments. Amount by Seneschals shall enter into Recognizances for Performance VI. And be it further enacted, That every seneschal or steward of any manor in Ireland, not being a barrister of at least three years' standing, who shall hold such office of seneschal or steward at the time of the passing of this Act, shall before the expiration of six calendar months next after the passing of this Act, and every seneschal or steward of any of their Duty, manor in Ireland, who shall be appointed at any time after the passing and to answer of this Act, not being such barrister as aforesaid, shall within three for Damages calendar months next after any such appointment shall take place, for miscon respectively enter into and give security by recognizance, with two good duct. No. XXX. 7 Geo. IV. c. 61. Penalty. Lord Lieu. tenant, &c. may appoint additionel Justices of the Peace in local and sufficient sureties, before the Justices of the Peace and assistant barrister, at some Quarter Session or General Session of the Peace, or some adjournment thereof, in the county, county of a city or town in which the manor shall be situate, or before the Judges or Justices of Oyer and Terminer and General Gaol Delivery, to be holden in and for such county, county of a city, or county of a town, or before the Chairman of the Sessions of the Peace for the county of Dublin, where any such manor shall be situate in the county of Dublin, or before the Recorder of the city of Dublin, where any such manor shall be situate within the county of the city of Dublin, in such sum and sums respectively as to such assistant barrister, or Justices of Oyer and Terminer, or Chairman of the Sessions of the county of Dublin, or Recorder of Dublin, shall think sufficient, conditioned for the true and faithful performance of the duties of the office of such seneschal or steward, and to pay and satisfy any damages which may be given against him in any action for neglect or misconduct, or breach of duty in his office; and if any such seneschal or steward of any manor, not being such barrister as aforesaid, shall omit or neglect to enter into such recognizance as aforesaid, within the times aforesaid, he shall forfeit the sum of five hundred pounds to His Majesty, his heirs, and successors, to be recovered by action of debt in any of His Majesty's Courts of Record in Dublin, in which no essoign protection or wager of law, nor more than one imparlance shall be allowed. [No. XXX.] 7th George IV. c. 61.-An Act for the more effectual Administration of Justice in Cities, Towns Corporate, and other local Jurisdictions in Ireland.-[26th May, 1826.] WHEREAS the number of Justices of the Peace, who are empowered to act within several of the counties of cities, counties of towns, and separate and local jurisdictions other than counties at large in Ireland, is in some cases extremely limited, and the only persons so empowered to act are in many cases, from age and infirmity, incapacitated for active performance of duty: And whereas it would lead to the more effectual administration of the law, and to the prevention of crime, if the number of Justices of the Peace were in such cases to be increased: Now be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That in every case in which it shall be made appear to the Lord Lieutenant, Lords Justices, or other chief governor or governors, and Privy Council of Ireland, that the number of Justices authorized to act within such local jurisdiction respectively, is insufficient for the due administration of the law, and for the holding Petty Sessions therein, it shall be lawful for the Lord Lieutenant, Lords Justices, or other chief governor or governors of Ireland, with the advice and assent of the Privy Council, to order and direct that one or more additional Justices shall be appointed within such local jurisdiction, as the circumstances of the case may appear to them to require; and thereupon the Lord Chancellor, Lords Commissioners, or other Keeper or Keepers of the Great Seal of that part of the United Kingdom of Great Britain and Ireland, called Ireland for the time being, and he and they are hereby empowered, by Commission under the Great Seal, to appoint such person or persons as he or they shall think fit, not being more in number than those specified in such order of the Lord Lieutenant, Lords Justices, or other chief governor or governors, and council as aforesaid, to be Justices of the Peace and Quorum during His Majesty's pleasure, in and throughout the said local jurisdictions respectively; which persons so appointed shall and may have the same power and authority to act and to officiate to all intents and purposes, and to execute the duties of Justices of the Peace and Quorum, within the said local jurisdictions respectively, by virtue of such commission or commissions, as any other Justices of the Peace, by charter or otherwise, are or shall be authorized |