IRISH FISHERIES.

CAP. 33.—An Act to amend the several acts for the encouragement of the Irish fisheries. [4th June, 1829.

Promissory Notes not exceeding 101. given for purposes herein mentioned made recoverable at Petty Sessions.-- Whereas the commissioners of the Irish fisheries are in the habit of advancing to fishermen small sums in the way of loan, out of the annual sum of 5000l. disposable for that purpose under the 59 Geo. III. c. 109. intituled An Act for the further encouragement and improvement of the Irish fisheries, as amended by the 5 Geo. IV. c. 64; which sums are advanced, not by paying the sums into the hands of the fishermen, but by expending the same in building and repairing boats for them, and also in supplying them with various implements and materials necessary for following the occupation of fishing; and the commissioners have hitherto required promissory notes or other securities to be entered into, for the punctual repayment of the sums so advanced, with legal interest thereon; and the said fund having been the means of affording great public relief, and producing great public advantage, it is expedient to afford every facility for the prompt recovery of the moneys advanced for such purposes; it is therefore enacted, That any promissory note or other security for any sum not exceeding 101. given for the purposes herein before mentioned (which are now by law recoverable by civil bill before assistant barristers) may be sued for and recovered, in the name of the said commissioners or their secretary or any officer or other person to whom by their direction or appointment such notes or securities shall be made payable, before any two justices assembled in any petty sessions to be held in or near the place where the person or persons sued shall have been last known to reside. § 1.

Personal Service in certain cases not required.—Whenever, in any proceeding before assistant barristers in cases which shall remain determinable before them, or in any proceeding before justices in petty sessions under this act, it shall be proved, that service of process could not be effected in the usual and accustomed manner upon auy fisherman, or his surety named in any note or security, but that a true copy of such process had been affixed, fourteen days at the least before the day appointed for the party to appear, upon the door or some other conspicuous part of the house or usual or last known place of residence of the person so to be sued, and upon the door of the parish church in which such house or place of residence shall be situate, and upon the door of the Roman Catholic chapel (if any there shall be in such parish), and that the same had remained so affixed for one hour at least between the hours of eleven of the clock in the forenoon and three in the afternoon, it shall be lawful for such assistant barrister or justices to hear and determine any such suit as aforesaid, although the defendant shall not appear. § 2.

Costs. Any costs of proceedings at petty sessions attendant on the recovery of the money secured by promissory notes or securities, shall not exceed the rate of charge established for suitors. by civil bill before assistant barristers under the 36 Geo. III. of the parliament of Ireland, 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; and it shalt be lawful for the said commissioners of the Irish fisheries to make special agreements with any attorney, or other legal assistant, for the expence of the recovery of the sums secured by any such promissory notes or securities, not exceeding the amount of the fees payable under the said recited act. § 3.

Commissioners may make Advances, &c. to be repaid after April, 1830.-It shall be lawful for the commissioners of the Irish fisheries, so far as the extent of the funds vested in them for the encouragement of the said fisheries will admit, to enter into any contracts for the erection of any piers, or for the advance or repayment of any loans under the said recited acts, although the time necessary for the completion of such works, or for the repayment of such loans, may extend to a period beyond the 5th April, 1830.

ARRESTS UPON MESNE PROCESS (Ireland).

CAP. 35.-An Act to prevent arrests upon mesne process where the debt or cause of action is under twenty pounds, and to regulate the practice of arrests, in Ireland. [4th June, 1829. No Person to be held to Bail where the Cause of Action does not amount to 201.-This act recites that whereas by the 43 Geo. III. c. 46. intituled An Act for the more effectual prevention of frivolous and vexatious arrests and suits, and to authorize the levying of poundage upon executions in certain cases, it was enacted that from the 1st June, 1823, no person should be arrested or held to special bail, upon any process issuing out of any court within those parts of the United Kingdom called England and Ireland, for a cause of action not originally amounting to such sum for which such person was by the laws then in being liable to be arrested and held to bail, over and above any costs, charges, and expences: and whereas by the 43 Geo. III. c. 53. intituled An Act to render the process of his majesty's Courts of King's Bench, Common Pleas, and Exchequer, in personal actions in Ireland, more beneficial, and also to prevent frivolous and vexatious arrests; and to repeal so much of the 21 & 22 Geo. III. of the parliament of Ireland, intituled "An Act for enlarging the time for trials by Nisi Prius in the city and county of Dublin, and for making the process of the Court of Exchequer more effectual," as relates to compelling the appearance of defendants in personal actions, it is amongst other things enacted, that from Michaelmas term, 1823, no person shall be held to special bail upon any pro

cess issuing out of his majesty's Court of King's Bench, Common Pleas, or Exchequer, in Ireland, where the cause of action shall not amount to the sum of 101. or upwards, nor out of any inferior court where the cause of action shall not amount to the sum of 40s. or upwards; and that in all cases where the cause of action shall not amount to the sum of 107. or upwards in any of the said superior courts, or to 40s. or upwards in any such inferior courts, (and the plaintiff shall proceed by way of process against the person), he shall not arrest or cause to be arrested the body of the defendant, but shall serve him personally with a copy of the process; and if such defendant shall not appear at the return of the process, or within eight days after, it shall be lawful for the plaintiff, upon affidavit being made and filed in the proper court of the personal service of such process (which said affidavit shall be filed gratis), to enter a common appearance or file common bail for the defendant, and to proceed thereon as if such defendant had entered his appearance, or filed common bail: and whereas it is expedient to extend and render more effectual the provisions of the said recited acts; it is therefore enacted, That from the 1st August, 1829, no person shall be held to special bail upon any `process issuing out of any court in Ireland, where the cause of action shall not have originally amounted to the sum of 20% or upwards, over and above any costs, charges, and expences; and that in all cases where the cause of action shall not amount to 20%. or upwards, exclusive of such costs, charges, and expences, and the plaintiff shall proceed by the way of process against the person, he shall not arrest or cause to be arrested the body of the defendant, but shall serve him personally with a copy of the process and proceedings thereupon, in such manner as by the said act of the 43 Geo. III. is provided in cases where the cause of action shall not amount to 107. or upwards in any superior court, or to 40s. or upwards in any inferior court; and that where the cause of action in any court shall not amount to the sum of 201. exclusive of such costs, charges, and expences as aforesaid, no special writ, nor any process specially therein expressing the cause or causes of action, shall, from the said 1st August, be sued forth or issued from any court, in order to compel any person to appear thereon in such court; and all proceedings and judgments that shall from and after the said 1st August be had on any such writ or process shall be and are hereby declared to be void and of no effect. § 1.

Instead of putting in special Bail, Defendant may pay money into Court. And whereas by the said act of the 43 Geo. III. persons arrested upon mesne process were enabled, in lieu of giving bail, to deposit in the hands of the sheriff the sum indorsed upon the writ, together with 107. in addition to answer costs, and also such further sum (if any) as should have been paid for the king's fine upon any original writ, and be thereupon discharged from such arrest and whereas it is expedient to extend the provisious of the said act, and to enable persons who have been arrested to deposit or pay into court

Costs. Any costs of proceedings at petty sessions attendant on the recovery of the money secured by promissory notes or securities, shall not exceed the rate of charge established for suitors. by civil bill before assistant barristers under the 36 Geo. III. of the parliament of Ireland, 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; and it shalt be lawful for the said commissiouers of the Irish fisheries to make special agreements with any attorney, or other legal assistant, for the expence of the recovery of the sums secured by any such promissory notes or securities, not exceeding the amount of the fees payable under the said recited act. § 3.

Commissioners may make Advances, &c. to be repaid after April, 1830.-It shall be lawful for the commissioners of the Irish fisheries, so far as the extent of the funds vested in them for the encouragement of the said fisheries will admit, to enter into any contracts for the erection of any piers, or for the advance or repayment of any loans under the said recited acts, although the time necessary for the completion of such works, or for the repayment of such loans, may extend to a period beyond the 5th April, 1830.

ARRESTS UPON MESNE PROCESS (Ireland). CAP. 35.-An Act to prevent arrests upon mesne process where the debt or cause of action is under twenty pounds, and to regulate the practice of arrests, in Ireland. [4th June, 1829. No Person to be held to Bail where the Cause of Action does not amount to 201.-This act recites that whereas by the 43 Geo. III. c. 46. intituled An Act for the more effectual prevention of frivolous and vexatious arrests and suits, and to authorize the levying of poundage upon executions in certain cases, it was enacted that from the 1st June, 1823, no person should be arrested or held to special bail, upon any process issuing out of any court within those parts of the United Kingdom called England and Ireland, for a cause of action not originally amounting to such sum for which such person was by the laws then in being liable to be arrested and held to bail, over and above any costs, charges, and expences: and whereas by the 43 Geo. III. c. 53. intituled An Act to render the process of his majesty's Courts of King's Bench, Common Pleas, and Exchequer, in personal actions in Ireland, more beneficial, and also to prevent frivolous and vexatious arrests; and to repeal so much of the 21 & 22 Geo. III. of the parliament of Ireland, intituled "An Act for enlarging the time for trials by Nisi Prius in the city and county of Dublin, and for making the process of the Court of Exchequer more effectual," as relates to compelling the appearance of defendants in personal vactions, it is amongst other things enacted, that from Michaelmas term, 1823, no person shall be held to special bail upon any pro

cess issuing out of his majesty's Court of King's Bench, Common Pleas, or Exchequer, in Ireland, where the cause of action shall not amount to the sum of 101. or upwards, nor out of any inferior court where the cause of action shall not amount to the sum of 40s. or upwards; and that in all cases where the cause of action shall not amount to the sum of 107. or upwards in any of the said superior courts, or to 40s. or upwards in any such inferior courts, (and the plaintiff shall proceed by way of process against the person), he shall not arrest or cause to be arrested the body of the defendant, but shall serve him personally with a copy of the process; and if such defendant shall not appear at the return of the process, or within eight days after, it shall be lawful for the plaintiff, upon affidavit being made and filed in the proper court of the personal service of such process (which said affidavit shall be filed gratis), to enter a common appearance or file common bail for the defendant, and to proceed thereon as if such defendant had entered his appearance, or filed common bail: and whereas it is expedient to extend and render more effectual the provisions of the said recited acts; it is therefore enacted, That from the 1st August, 1829, no person shall be held to special bail upon any process issuing out of any court in Irelaud, where the cause of action shall not have originally amounted to the sum of 20% or upwards, over and above any costs, charges, and expences; and that in all cases where the cause of action shall not amount to 20%. or upwards, exclusive of such costs, charges, and expences, and the plaintiff shall proceed by the way of process against the person, he shall not arrest or cause to be arrested the body of the defendant, but shall serve him personally with a copy of the process and proceedings thereupon, in such manner as by the said act of the 43 Geo. III. is provided in cases where the cause of action shall not amount to 107. or upwards in any superior court, or to 40s. or upwards in any inferior court; and that where the cause of action in any court shall not amount to the sum of 201. exclusive of such costs, charges, and expences as aforesaid, no special writ, nor any process specially therein expressing the cause or causes of action, shall, from the said 1st August, be sued forth or issued from any court, in order to compel any person to appear thereon in such court; and all proceedings and judgments that shall from and after the said 1st August be had on any such writ or process shall be and are hereby declared to be void and of no effect. § 1.

Instead of putting in special Bail, Defendant may pay money into Court. And whereas by the said act of the 43 Geo. III. persons arrested upon mesne process were enabled, in lieu of giving bail, to deposit in the hands of the sheriff the sum indorsed upon the writ, together with 107. in addition to answer costs, and also such further sum (if any) as should have been paid for the king's fine upon any original writ, and be thereupon discharged from such arrest: and whereas it is expedient to extend the provisions of the said act, and to enable persons who have been arrested to deposit or pay into court