Small Tene

be recovered

by Summons before

Justices of the Peace.

ing One Calendar Month, at a Rent not exceeding the Rate of One Pound Sterling by the Month; and it is expedient that the said Provision should be extended to Small Tenements situate elsewhere in Ireland: May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, 5 by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and Possession of by the Authority of the same, That when and so soon as the Term ments in the or Interest of any Person or Persons who shall hereafter become the Country may Tenant or Tenants for any Term not exceeding One Calendar 10 Month of any House situate in any Part of Ireland, (other than any County of a City, or County of a Town, or Borough, or Market Town,) and which House shall be rated for the Relief of the Poor at any annual Sum not exceeding Four Pounds, or of any Part of any such House, shall have expired, or shall have been duly determined 15 by a legal Notice to quit, and such Tenant or Tenants, or (if such Tenant or Tenants do not actually occupy the Premises, or only occupy a Part thereof,) any Person or Persons by whom the same or any Part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up Possession of the Premises or such 20 Part thereof respectively, it shall be lawful for the Landlord of the said Premises, or his known Agent or Receiver of Rents, to cause the Person or Persons so neglecting or refusing to quit and deliver Possession to be served with a Summons in Writing, to be signed by a Justice of the Peace of or having Jurisdiction in the District, 25 Division, or Place in which the same Premises shall be situate, to appear before any Two or more Justices at any Court of Petty Sessions, Divisional Justice Room, or other Room or Office in which Justices of the Peace shall then usually meet for the Despatch of the public Business of such District, Division, or Place, to show 30 cause why Possession of the said Premises should not be delivered up to such Landlord or his said Agent or Receiver as aforesaid; and if the Person or Persons so summoned shall not appear, or, having appeared, shall not show to the Satisfaction of such Justices reasonable Cause why Possession should not be given, and shall still neglect 35 or refuse to deliver up the Possession of the said Premises to the said Landlord or his said Agent or Receiver, then, upon Proof given by such Landlord or his Agent or Receiver to the said Justices of the Creation of the Tenancy, and of the Expiration or Determination thereof, with the Time and Manner thereof, and (where 40 the Title of the Landlord hath accrued since the letting of the Premises) of the Right by which he claims such Possession, it shall be lawful for such Justices or any Two of them to issue a Warrant under their Hands and Seals to any Constable of or acting in the -District, Division, or Place within which such Premises shall be situate, 45

up

requiring

requiring and authorizing him, within a Period to be therein named, being not less than Seven or more than Fourteen Days from the Date of such Warrant, to give Possession of the Premises to such Landlord, Agent, or Receiver, and such Warrant shall be a sufficient 5 Warrant to the said Constable to enter upon the Premises, with such Assistants as he shall deem necessary, and to give Possession accordingly: Provided always, that no such Entry shall be made upon a Sunday, Good Friday, or Christmas Day, or before the Hour of Nine o'clock in the Morning or after the Hour of Four o'clock in 10 the Afternoon of any Day: Provided also, that nothing herein contained shall be deemed to protect any Person by whom any such Warrant shall be sued out as aforesaid from any Action which may be brought against him by any such Tenant or Tenants, Occupier or Occupiers, for or in respect of such Entry and taking 15 possession, where such Person had not at the Time of suing out the same as aforesaid lawful Right to the Possession of the said Premises.

Tenant,

Justices may

II. And be it enacted, That on Application of the Tenant the On AppliJustices shall direct a Valuation to be made by Valuators, one to be cation of named by the Lessor and the other by the Tenant, of any Crop 20 growing on the Land, and the Justices, after deducting for all outstanding Arrears of Rent and Costs, shall order the Amount of such Valuation to be paid by the Lessor to the Tenant.

order Valuation of Crop for Amount to be paid to Tenant.

extend to

III. Provided also, and be it enacted, That nothing in this Act Act not to contained shall extend to any Tenant not holding under an Agree- Tenants 25 ment in Writing, and who, together with the House or Part of a holding more House held by him, shall also hold of the same Landlord, and for than a the same Term or Interest, any Land exceeding in Extent One Statute Acre. Quarter of a Statute Acre.

Quarter of

IV. And be it enacted, That this Act may be amended or Act may be amended, &c. 30 repealed by any Act to be passed in this Session of Parliament.

ARRANGEMENT OF CLAUSES.

Penalty for suffering Smoke to escape; Sect. 1.

Interpretation Clause; 2.

Limitation Clause; 3.

Complaint to Justice, and Summons thereupon; 4.

Service of Summons; 5.

Attendance of Witnesses; 6.

False Evidence; 7.

Proof of Offence; 8.

Recovery of Penalties; 9.

Offenders to be committed, in case Distress insufficient; 10.

Recovery from other Persons by Party convicted; 11.

Nuisances at Common Law not affected; 12.

Form of Conviction; 13.

Appeal; 14.

Limitation of Actions; 15.

Amendment of Act; 16.

SCHEDULE.