relation thereto, shall be brought into account among the part owners of such ship, &c. in like manner as money disbursed for the use thereof. By s. 17. this act shall be deemed a public act, and be judicially taken notice of as such, &c.

s. 17.

Public act.

Of Dispossession, or Ouster of Chattles

real.

saved the rights

56 Geo. 3. c. 88,

s. 14. I.

P. 138. l. 14. and P. 140. l. 22. &c. The 56 Geo. 3. Those clauses c. 88. s. 14. Ir. recites the 11 Ann. c. 2. s. 8. Ir. and of the former ejectment sta4 Geo. 1. c. 5. s. 6. Ir. which save the rights of infants, tutes, which feme coverts, persons non compos mentis, or of non-sane of minors, &c. memory, or being out of his majesty's dominions, from the repealed. operation of those ejectment statutes, and that said statutes were explained and amended by 8 Geo. 1. c.2. 5 Geo.2. c.4. and 25 Geo. 2. c. 13. and that such provisions have produced great injustice to landlords, in some instances, by preventing the enforcement of the payment of rent justly due to them, and in others by obliging them, after getting into possession of lands and premises by ejectment for non-payment of rent, to account for mesne profits for a great length of time; and therefore enacts, that the said provisions in the said acts of parliament, so far as relate to saving the rights of infants, femes covert, persons being non compos mentis, or insane, or out of his majesty's dominions, be repealed.

Of Subtraction.

P. 158. 1. 33. The clause of the 11 Geo, 2. c. 19. s. 16. Summary remeEng. here stated, is recited and amended by the 57 Geo. 3. a vacant pos

dy for rent upon

c. 52, session, extend

ed to cases

where only half

ther demise be

al, and though

no right of reentry reserved.

c. 52. Eng. which enacts, that the provisions, powers, and a year's rent is remedies by the said recited act given to lessors and landdue, and whe- lords, in case of any tenant deserting the demised premiswritten or verb- ses, and leaving the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, shall be extended to the case of tenants 57 Geo.3. c. 52. holding any lands, &c. at a rack rent, or where the rent Eng. reserved shall be full three fourths of the yearly value of the demised premises, and who shall be in arrear for one half year's rent, (instead of for one year as in said recited act is provided,) and who shall hold such lands, &c. under any demise or agreement either written or verbal, and although no right or power of re-entry be reserved or given to the landlord in case of non-payment of rent, who shall be in arrear for one half year's rent, instead of for one year, as in said recited act is provided.

Where tenant abandons, &c.

half a year's

P. 159. l. 4. The 56 Geo. 3. c. 88. I. recites that land

tenement owing lords in Ireland are often sufferers by tenants running rent, and leav- away in arrear, and deserting tenements demised or agreed ing no sufficient to be demised to them; and also by tenants, after the exmary remedy by piration of their terms or interests, refusing to deliver up civil bill to reco- the possession of the tenements demised, &c.; and also by ver possession. tenants suffering large arrears of rent to accrue during the

distress, sum

56 Geo. 3. c. 88. s. 1. I.

continuance of their terms; in all which cases the landlords or lessors are obliged to resort to an ejectment for the recovery of the possession, the expenses of which in many cases exceeds the value of the tenement; to provide therefore a less expensive remedy in such cases, this statute enacts, (s. 1.) that if any tenant holding any tenement in Ireland, who shall be in arrear for one half year's rent, shall desert the tenement demised to him, or leave the same uncultivated, or carry off the stock and crop, or otherwise abandon the same, so as no sufficient distress may be had to countervail the arrears of rent then due, it shall be lawful for the landlord or lessor of such tenement so deserted, &c. to proceed by civil bill before the recorder of Dublin, if the tenement be in the county of the city of Dublin, or before the chairman of the session of the peace for the county of Dublin, if the tenement shall be in said county, or before the assistant barrister of any other

county

peace to certify

county in which the tenement shall be, to obtain possession of the tenement so deserted or left unoccupied; and thereupon it shall be lawful for 2 or more justices of the of the county in which such tenement shall be, havTwo justices of peace ing no interest in the demised premises, at the request of the facts of the such landlord, &c. his bailiff or receiver, to go upon and deserted, &c. premises being view the same, between the hours of ten in the forenoon and four in the afternoon, and having fully ascertained to their satisfaction, by examination of witnesses, or by their own view, that the premises are so deserted by the tenant, or left so unoccupied as aforesaid, and without sufficient distress to countervail the arrears of rent then due, to certify to the assistant barrister, chairman, &c. or recorder, before whom such proceeding by civil bill shall be, under the hands and seals of such justices, that they have together viewed the premises in question, fully describing the same, and that the same appeared to them deserted or unoccupied, and without any distress thereon sufficient to countervail the arrear of rent ascertained by affidavit of the landlord or lessor, his bailiff or receiver, to be due thereon after all just allowances; which certificate, when proved to have been duly executed, shall be conclusive evidence of the facts therein contained, (unless disproved Certificate conby contrary evidence to the satisfaction of the judge before whom the same shall come,) upon such civil bill, or appeal from such civil bill; and it shall be lawful for the said landlord, after obtaining from said justices the said certificate, to serve a process on such civil bill, together with a copy of such certificate, on the tenant against whom such proceedings shall be had, if such tenant can be found; and if not to affix such process, and a copy of cate how served such certificate, upon some notorious part of the said tenement, and also upon the door of the parish church, if the same shall be in repair, and also upon the door of the Roman catholic chapel, if any within the parish, summoning the tenant or tenants who may have so deserted the premises, personally to appear before the assistant barrister, chairman, or recorder, as the case may be, on a day certain, at a quarter sessions to be held for the division of the county in which the premises or any part

of

clusive evidence.

Precess on civil bill and certifi

on tenant.

Evidence rcquired to war

Tant decree .

of them shall be, or at a court to be held before the recorder for the hearing of civil bills, (if the premises shall be within the county of the city of Dublin,) to answer the said bill of the landlord, &c.; and it shall be lawful for said assistant barrister, &c. upon such civil bill, and upon proof of such certificate by any person who may have witnessed the execution of the same, and upon proof that at least one half year's rent was due to such landlord, &c. for the premises, when such proceeding was commenced, and that the process, and a copy of such certificate, were served as aforesaid, or that the tenant could not be found so that the same could be served, and then upon proof that such process and a copy of such certificate had been duly affixed upon the several places before mentioned, pursuant to this act; and upon hearing the tenant, in case such tenant shall appear, and such evidence as shall be offered on behalf of such tenant, if any shall be offered, and duly considering the same, to decree the said landlord, &c. to be put into possession of the premises. And by s. 2.* where any tenement shall have been held by any tenant at a less rent than £20. per annum, and the than £20. over- tenant's interest in the same shall have determined, and holds possession,

5. 2. Where tenant at a less rent

determined,

landlord may

after his interest after demand made by the landlord or lessor, his bailiff or receiver, a delivery of possession of the same shall be recover possessi- withheld, it shall be lawful for the landlord, &c. to proon by civil bill. ceed by civil bill against such tenant, † and such other person, if any, as shall be in the actual possession of the premises, and, thereupon, to serve such tenant and such other persons with process on such civil bill, if such service can be effected; (and if it shall be proved to the satisfaction of the judge before whom the case shall come, that such service cannot be effected, or in case there be not any person in actual possession of the premises, to affix upon some notorious part of the premises, and upon the door of the parish church, if the same shall be in repair, and also upon the door of the Roman catholic chapel, if any shall be in the parish ;) by which process all persons

claiming

*This clause should, perhaps, more properly be referred to vol. 1. p. 468. 1. 19.

+ The words and the said tenant," here occur, by some mistake in the printed statute.

sion.

claiming to have any interest in the premises shall be required to appear before the assistant barrister, chairman, or recorder, as the case may be, on a day certain, at a quarter sessions for the division of the county in which the premises, or any part thereof, shall be situate, or at a court to be held before the recorder for the hearing of civil bills, in cases where the premises are situate within the county of the city of Dublin, to answer the bill of such landlord, &c. praying to be put into possession thereof; and it shall be lawful for the said assistant bar- Upon what evirister, &c. upon such civil bill, and upon proof of such dence assistant barrister, &c. to service as aforesaid, or, in case of impossibility or unrea- decree possessonable difficulty of service, to be ascertained in manner herein-before provided, or in case there shall be no person in possession of the premises, upon proof of affixing of the said process as herein-before required, and that the premises had been held by the tenant against whom such proceeding shall be, at a rate not exceeding £20 per annum, and that the interest of the tenant had determined, and that notice to quit, in cases where such notice is by law necessary, had been duly served, and the time for the delivery of the possession thereof expired, to decree the said landlord, &c. to be put into possession of the premises. By s. 3. in all cases where any lands or premises shall have been held by any tenant at a less rent than Summary proceeding by civil £20 per annum, and that a full year's rent shall be due bill to eject tethereout, whether the same, or any part thereof, shall nant where a full have accrued due prior or subsequent to the passing of and such yearly this act, (26th June, 1816,) it shall be lawful for the lessor or landlord to proceed by civil bill against such tenant, and also such persons, if any, as shall be in actual possession of the said premises, and also against persons having interest for valuable consideration, in cases where the deeds or instruments creating such interests shall have been duly registered, and thereupon to serve such tenant, &c. with process on such civil bill, if such service can be effected, (and if it shall be proved to the satisfaction of the judge, that such service cannot be effected, or in case there be not any person in the actual possession of the premises, to affix such process upon some notorious part of the

samo

year's rent due,

rent is less than

£20.