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may deduce from them first, that all parties shall The 3 & 4 Vic. c. 105, s. 25, enacted, that if any have notice; secondly, that no technical objection judgment creditor should have obtained a charge, shall, if possible, be allowed to impede the working or be entitled to the benefit of any security whatof the measure. There have as yet been but few soever under the powers of the act, and should petitions presented, and they are not likely to be afterwards, and before the property so charged or numerous until the General Orders have been pro- secured should have been converted into money or mulgated, the undue acceleration of which is not realized, cause the person of the judgment debtor desirable, as on them will depend the acceptation to be taken or charged in execution upon such which the public and the professions will give to judgment, then, and in such case, such judgment the statute in its complete form. There will be creditor should be deemed to have relinquished all some difficulty--the necessary attendant of every right and title to the benefit of such charge or measure wbich effects important changes _in security, and should forfeit the same accordingly. dealing with those cases in which foreclosure suits This was legislating in the proper spirit, the act are already in existence. We have little doubt that gave great facilities to judgment creditors to realize existing rights will be dealt with justly, and that their demands out of the debtor's property, but they will not be displaced by giving to the statute imposed these reasonable terms, that if creditors a harsh retrospective operation.
adopted the aids given by the statute, they should suspend the enforcement of their rights against the
person, until they abandoned the statutable remedy. The legislature have ventured on the bold experi- The operation of the measure is, however, limited ment of extending the provisions of the English to those cases in which creditors adopt the benefit Small
Debts Act,* with some improvement in the of its provisions, and it is still in their power to preparation of the measure, to this country. An arrest a defendant, and, if he remain in prison, abridgment of the statute will be found elsewhere subsequently issue execution against his goods, in our columns of this week. The period for its and only in the event of satisfaction being obtained introduction was a trying one; individual and by their sale, can he apply for his discharge. By national probity are never very prominent when the common law of England an arrest of the person individual and national distress are very severe; was of itself a discharge of the debt, and in and neither amongst the upper nor lower classes of Ireland the common law was the same, but the our countrymen have honesty and prudence been 35 of Geo. 3, c. 30, Irish, conferred upon the striking characteristics. We were always predis- creditor the power of first arresting the debtor, posed to the contrary, and our national propensities and then seizing his goods. In our judgment the do not lie in abeyance in times of wide-spread process should be statutably reversed, and the act calamity. These causes produce effects ; tradesmen we have alluded to repealed. trust only when their remedy is stringent, and in But whatever may be the policy of abolishing arrest periods of distress as the chances of payment are of the person in all cases, unquestionably the exless, their confidence becomes more circumscribed. periment may be most safely tested in those where The marked distinction of doing away with the amount of the debt is small
, and the debtor in arrest of the person on mesne process that is
, an humble class of life. The liabilities of the before the debt is proved to be due, and doing it working classes are more generally the result of away after it has been established by due course of necessity than of extravagance, and arrest, as a law—is obvious. To the justice of the former we means of procuring payment, is generally ineffisubscribe ; the expediency of the latter has been cacious. Cui bono to the creditor the transfer of a much debated, more especially when considered semi-starved pauper from a cabin to a gaol, where with reference to the upper classes. Rank, position, he will be maintained at the public expense, whilst liberty, are not too heavy forfeits for extravagance his wife and children are thrown on the union ? He and dishonesty. Payment of demands justly due is deprived of the only capital he possesses—his cannot be enforced with too strong a sanction. labour-and bis creditor gains nothing. The poor Goods, lands, person, have hitherto been the cre- have few immunities, and we grudge them no boon ditor's pledge for payment; the last, as the most which humane legislation can confer; in the present severe, should be the most tardily resorted to, and instance its value will be diminished by the restricthe scope of legislation for many years past has tion imposed upon credit. been to give facilities to recover debts from the Having said so much on the principle of the two former, and to make the creditor only avail act, let us examine what it proposes to effect. himself of the last as his ultimate resort. The To abolish arrest of the person in all cases for debtor, down to the year 1840, was little favoured debts under ten pounds. in this country, for here executions against both The exceptions being, where they have been goods and person could
we are sorry to say can— incurred fraudulently, or without probable means be issued in any order the debtor pleases. Brien of paying them, or where the liabilities are the v. Brien, (1 Hud & Bro. 300); Barton v. Sey- result of verdicts against defendants in actions for mour, (ib. 304). First, an execution against the malicious prosecution, deceit, libel, slander, criminal goods, then the person, and then again the goods, conversation, seduction, or breach of promise of the creditor lying all the time in gaol.
The first section exempts defendants from arrest The Act to Amend the Law of Imprisonment for on judgments, decrees, or orders of the superior Debt, with Commentary, Notes, Forms, and Index. By courts of law, or of any inferior courts when the William Gernon, Esq., Barrister-at-Law. Dublin, Milliken, I sum, exclusive of the costs, shall not exceed ten
pounds, and exempts from arrest the body of any matter entirely for the discretion of a plaintiff
, or plaintiff, defendant, or other person, in any action his attorney, to determine whether he will, in the or suit founded on any judgment, decree, or order, first instance, run the risk of failure in proving for the recovery of costs only, when such costs fraud, and subjecting himself to the payment of shall not exceed ten pounds.
costs ; but perhaps the safest rule to guide a party In the English act, 7 & 8 Vic. c. 96, s. 57, the will be, that where there exists a reasonable suscase of a plaintiff was not expressly provided for, picion of fraud, &c., and a reasonable expectation the words being :-“no person shall be taken or of being able to prove its existence at the hearing; charged in execution upon any judgment obtained in such a case it will be prudent to resort to the in any action for the recovery of any debt wherein civil bill with notice or indorsement under this the sum recovered shall not exceed the sum of £20, section.” The promise in the margin of a “safe exclusive of the costs recovered by such judgment.” rule," and the non-fulfilment in the text, are And, in the event of his being non-suited, or strikingly opposed. otherwise defeated, it has been made a question Our author, we are sure, will excuse us, if we whether he was protected by the act. See Newton mingle a little playfulness with the dry matter which v. Ld. Albert Conyngham, (12 Jur. 356). Mr. our pages must generally contain. Gernon, who loses no opportunity of pointing out There is one part of the statute which we con. the merits of the statute, has not sufficiently sider highly objectionable. The inquiry as to fraud, adverted to this distinction. It is observable that improvidence, and fraudulent transfer of the debtor's in all our law reforms where acts limited to property-questions of great nicety—is left entirely England have pioneered the way, we have gained to the Assistant barrister, from whom there is to be by the delay; having had the experience and no appeal! Whilst we do not question the integrity, the pattern to guide us. We do not, however, we are constrained to demur to the universal compe. affirm that the benefit is very manifest of shield- tency of these local judges, considering not only ing from arrest a litigious plaintiff who fails the fallibility of human judgment, but also that either in point of law or merits. The branch of they owe their elevation to political connection, the section which saves defendants from arrest will independently of, and not unfrequently in contrabe a very good guide to juries as to the amount of distinction to, professional capacity. We cannot damages in what are called “ dirty actions,” pauper have confidence in the unerring correctness of their plaintiffs suing in actions of trespass, or trespass on decisions, and yet the liberty of the subject is the case.
Juries have it in their power to deprive involved in them. Our whole judicial system is such litigants of one means of recovering their one of salutary checks, grade over grade, judge damages, by limiting the verdict to £10.
over judge; on general, very obvious, and wellWhilst the act shields the debtor in the first understood constitutional grounds, we protest instance, it does not profess to do so altogether. against conferring more irresponsible power than If his goods do not realize sufficient to pay the is requisite for the effective administration of jusdebt, he can be summoned before the assistant- tice, and lament the increasing tendency of modern barrister of the district to shew cause why he legislation to vest uncontrolled power in a single should not be arrested ; and, if it shall appear that person whose decision is irreversible, and in abrothe defendant, or any one in trust for him, had gation of the ancient system of trial by jury. property which ought to be administered under the The 7th section gives power to any court, in cases insolvent acts, or that the defendant is of sufficient to which the act relates, to arrest a defendant ability to pay the debt, the assistant-barrister is about to leave Ireland, either on the hearing of empowered to have him arrested, or, in the case of the case in the first instance, or after decree upon fraud, or incurring the debt under false pretences, ex parte application. In the latter instance a or without having had a reasonable expectation of defendant may apply to be discharged on shewing being able to pay it, or, in case of fraudulent cause. transfer, he may be committed for three months to Mr. Gernon discusses with much force the diffithe common gaol, or house of correction—there culties that will arise under this section. Can the ought to have been the addenda, with or without Assistant-barrister adjudicate otherwise than in open hard labour—all remedies against the property being court ? Before whom can a defendant, who has saved. These are excellent provisions, and are a been arrested after .decree, shew cause for his disgreat protection to the creditor.
charge, where the barrister has concluded his sesThe 4th and 5th sections apply to cases where sions, and left his jurisdiction? These are defects the goods have been found insufficient after decree. that require amendment. The powers conferred The 6th gives the barrister jurisdiction, in the first upon the Assistant-barrister to take affidavits in any instance, to commit the defendant, provided the part of Ireland—which applies to all cases—and plaintiff shall have annexed to, or indorsed on to compel the attendance of witnesses not resident the civil bill
ess, a notice of his intention to within his jurisdiction will be found very useful; proceed under the act.
we regret that the latter power has been limited to Mr. Gernon remarks that “it will probably be a cases falling within the provisions of the act under question of some nicety for the consideration of consideration. plaintiffs to determine in what cases they will The power of suminarily evicting tenants reresort to the notice or indorsement prescribed by siding in towns, who hold for not more than a this section,” and having marked in the margin, p. month, and at a rent not exceeding £l per month, 33, “Safe rule for proceeding submitted,” he ob- is a boon to the landlords of such very undesirable serves with much náivetè, “ It will therefore be a tenants.
In parting with Mr. Gernon's book, we wish to for arrest shall issue from certain courts in Ireland speak' kindly, yet impartially, and we think the for debts or sums not exceeding £10., save as
herein ercepted. arrangement of his subject unhappy. The Act afforded too slender materials for a series of com
2. Such writs, &c. for sums not exceeding £10 issued
before commencement of act, but not executed, ments, placed under each section, the commentary, shall not be erecuted against the person, save as sometimes, being a repetition of the text. This
herein ercepted. arrangement may pass uncensured when adopted 3. Persons in custody on or after the commencement of with reference to acts of parliament spread over a
the act under any such writs, &c. for sums not ex
ceeding £10, shall be discharged on application large space, and comprising detached subjects, but is not suited to a short statute. Our author does
to the Sheriff
, g. Judgment, fc. to remain in
force notwithstanding the discharge of the debtor. himself and his subject injustice, who thus splits 4. When a defendant, fc. is erempted from arrest of into fragments, matter that connected together discharged from custody by virtue of this act, the would have formed a neat treatise. We do not plaintiff may serve a Civil Bill Process, requiring wish, however, to detract from the practical utility
the defendant to show cause why process of arrest of the work, it will be found a useful compendiuin
or committal should not issue. Civil Bill Process
to be according to Form (A) in Schedule. of the statute in a couvenient form, and the legal
5. If Assistant Burrister shall find that defendant has propositions are in our judgment correct.
property fit to be administered under the Insolvent Act, he may direct a process of arrest to issue, or
if debt contracted fraudulently may commit him. (Continued from page 32.)
In default of defendant's appearance, decree may
be made. * petty sessions; and direct payment of such money to such * collector, and in default may issue his warrant for the levy
6. Power to examine or commit at the original hearing * thereof; and every rate made under the authority of the
of a Civil Bill in certain cases. * said act, or the first-recited act, and any money directed
7. Upon affidavit that a defendant is about to quit Ire* to be levied in the county or the county of the city of Dub.
land, he may by a special order be taken in ere
cution. lin, may be levied, by the same means, as the grand jury *cess, and whereas doubts exist whether the divisional just
8. Nothing herein to extend to proceedings relating to *ices so as to exercise jurisdiction for the hearing of com
revenue of Excise, &c. • plaints as to nonpayment of poor rates or for the recovery
9. Tools and actual necessaries of judgment debtors * of poor rates within the said police districts, and doubts
not to be seized in erecution. • exist whether the police offices at which such justices
10. Power to the Clerk of the Peace to issue summonses
to witnesses. preside be petty sessions within the meaning of the said * last-recited act or acts,' for the removal of such doubts be
11. Affidavits to Civil Bill proceedings may be taken by it enacted, that the several divisional justices of the police
Assistant Barristers out of their counties. district of Dublin metropolis shall for the purposes of the
12. Office copies of Wills to be evidence of the contents said acts and every other act heretofore made or hereafter
thereof in Civil Bill Courts. to be made with respect to the raising, levying, or enforc
13. Official copy of Judgment to be evidence. ing payment of any poor rate in Ireland, have the same
14. Service of Process in Civil Bill. powers, and jurisdiction within the police districts of Dublin
15. Affidavits, when required to be made in Great Bri. metropolis as any justice has within his county in respect
tain, may be made before Extraordinary Commisto poor rates made or to be made in Ireland ; and wherever,
sioners of the Court of Chancery in Ireland. 3 any proceeding, is or shall be authorized or directed by a
& 4 Vict. c. 105. justice of the peace at petty sessions, or by justices of the
16. Possession of small tenements may be recovered by peace of any county, &c., the said divisional justices of
summons before Justices of the Peace. Dublin metropolis, or any one or more of them, shall have
17. The manner in which such summons shall be served. all such powers and jurisdictions at the divisional police
18. Interpretation of Act. othees within such police district of Dublin metropolis at
19. To extend to Ireland only. which they shall preside as any justice at petty sessions.
20. Commencement of Act. 7. That after the passing of this act the collectors of
21. Act may be amended, &c. grand jury cess in the county of the city of Dublin, may • Whereas it is exepdient to limit the present power of collect, sue for, and recover the grand jury cess of such arrest for debts, damages, demands, or costs, under procounty of the city of Dublin, by all the ways and means, cess from courts of law or equity or inferior courts in may be collected and levied in any other county in Ireland. Ireland:' be it enacted, that from the commencement of
8. That the divisional justices of the police district of this act no writ, process, or warrant to arrest the body of Dublin metropolis shall, for the purposes of every act made any defendant in any action or suit, (actions for malicious or to be made with respect to the raising, or enforcing pay- prosecution, deceit, libel, slander, criminal conversation, ment of grand jury cess in the county of the city of Dublin, seduetion, or breach of promise of marriage, only excepted,) have the same powers and jurisdiction within the police shall be issued in Ireland, founded on a judgment, decree, district of Dublin metropolis, as any justice of any county in or order of any of the superior or inferior courts in Ireland, Ireland has within his respective county with respect to when the sum to be paid under such judgment, decree, or grand jury cess to be raised within the same.
order, exclusive of the costs, if any, thereby recovered, 9. That this act may be amended or repealed by any act shall not exceed the sum of ten pounds; nor shall any proto be passed in this present session of parliament. cess, or warrant to arrest the body of any plaintiff, defend. CAP. XXVII.
ant, or other person in any action or suit be issued, founded An Act to authorize the inclosure of certain lands, in pur- on any judgment, decree, or order for costs only, when
suance of the third and also of a special report of the such costs due shall not exceed ten pounds; nor founded on inclosure commissioners for England and Wales.
any decree or order of any court of equity, ecclesiastical [220 July, 1848.] court, or court of admiralty in Ireland, for the payment of
money, whether wholly or partly costs when the sum due Cap. XXVIII.
shall not exceed ten pounds. An Act to amend the Law of Imprisonment for Debt in
2. That in case any such writ, process, or warrant to Ireland, and to improve the remedies for the recovery of arrest the person (save as before excepted) founded on any debts and of the possession of tenements situate in cities judgment, &c. when the sum due shall not exceed the sums and towns, in certain cases. [220 July, 1848.] before mentioned and shall not have been executed before Sec. 1. After commencement of this act, no writ or process the day of the commencement of this aet, same shall not,
after said day, be executed against the person of the party covery of the plaintiff's demand out of the property of the against whom issued.
defendant: provided that the plaintiff need not appear 3. That in any case in which any person shall, before the person at the hearing of such civil bill: also, there shall be commencement of this aet, be in custody by virtue of any no appeal from any such decision of the Assistant Barrister; such process, &c. founded on any such judgment, &c. (save and in case of a dismiss the costs shall be paid by the plaintif as excepted,) when the sum shall not exceed the sums before or set off against his demand, and if the defendant shall not mentioned, the sheriff or officer in whose custody such per- personally appear at such hearing the Assistant Barrister son shall be detained, is required, on his application, to dis- inay proceed to the hearing in his absence, and make such charge him forthwith as to such execution, &c. without decree as he shall think fit. prejudice to any other lawful right to detain such person in 6. That in any civil bill where the power of arrest would custody provided that the judgment, &c. whereupon such otherwise be taken away under this act, the Assistant Bar. party was taken in execution or arrested shall remain in rister at the original hearing of the cause, may examine force to the intent that the creditor, &c. may have remedy the defendant and the plaintiff, and grant a decree against and execution thereupon against the property of such party the person of the defendant, or commit him to prison, a in such manner as otherwise he could have done in case such if the plaintiff had proceeded specially by a civil bill for such party had never been taken in execution upon such judg- purpose, as in the last preceding provision mentioned, proment, &c. or order, and provided, that in the cases before vided that the plaintiff shall cause a notice to be annexed mentioned, whenever before this act process against the to or endorsed on the civil bill process, stating that he will person of any debtor for such sum pot exceeding ten pounds proceed under the powers and provisions of this act, insertis now the only process issued out of any court such court ing the title thereof. after the passing of this act, may instead of such process 7. That in any action in any court for such sums as afore. against the person issue a process in the nature of an exe- said, when a judgment, &c. for such sumns shall be obtaincution, &c. against the goods of the debtor, for the seizure ed, where the defendant might be arrested, if this act had and sale of same as heretofore issued in such cases. not been passed, if the plaintiff show, to the satisfaction of
4. That in all cases in which any judgment, &c. for any the court in which such action shall be brought, or such such sum, shall be had, under and by virtue of which the judgment, &c. obtained, that there is probable cause for defendant might if this act had not been passed be arrested, believing that the defendant, or one of them, is about te or whenever any defendant shall be discharged from custody quit Ireland unless he be arrested, any such court may, by virtue of this act, and the plaintiff shall not have recovered upon the hearing of the case, in the first instance grant an his demand out of the goods of such defendant the plaintiff execution, &c. against the person of the defendant, or (in may cause a civil bill process to be issued against the defend the case of an execution, &c. theretofore obtained) direct ant requiring him to appear before the Assistant Barrister such defendant to be arrested under such judgment, &e.; for the county at the general quarter sessions for the divi- and plaintiff may arrest the defendant, as if this act had not sion in which such defendant shall reside, and show cause passed: provided that in the case of any such order for arwhy execution should not issue against his person in respect rest in respect of a judgment, &c. theretofore obtained, the of such judgment, &c. and such process shall be according person so arrested may apply to the court in which such to the form (A.) in the schedule to this act, or as near judgment, &c. shall have been obtained, for a rule on the thereto as the nature of the case will admit; and the Assist- plaintiff to show cause why he should not be discharged, ant Barristers shall have power to determine such civil bill; and the court may make such order thereon as shall seem and the service and proceedings relating thereto, and the fit, or direct the costs of the application to be paid by either costs shall be subject to like regulations, as any civil bill party, not exceeding in any civil bill court the costs of a in cases of debt or assumpsit, save as herein otherwise pro- decree ; but if the party arrested shall be discharged, it vided.
shall be without prejudice to any remedies for the recovery 5, That at the hearing of such civil bill the Assistant of the plaintiff's demand out of the property of the defendBarrister may cause the plaintiff and defendant, or either ant, and the execution, &c. against the person may be of them, to be examined on oath, and investigate the amount changed to an execution, &c. against such property. of the demands due by the defendant, and the nature and 8. Provided, that nothing in the preceding enactments amount of any property he or any one in trust for him is, contained shall affect any informations or other proceedings was, or may be possessed of or entitled to, and the circum- under any of the statutes relating to Her Majesty's revenue stances under which the debt due to the plaintiff was in- of Excise, or Customs, Stamps, Taxes, or Post Office. curred, and the means and expectation of payment thereof; 9. “And whereas it is expedient to protect the tools and and if the defendant or any one in trust for him is possessed actual necessaries belonging to judgment debtors from of property which, regard being had to the nature thereof, being seized in execution ;' be it enacted, that from the and to the debts due by the defendant, and to the security passing of this act the wearing apparel and bedding of any of his creditors, ought, in the opinion of the Assistant Bar- debtor under a judgment, &c. or of his family, and the rister, to be administered under insolvent acts, or that the implements of his trade, the value of same not exceeding in defendant is able to discharge the plaintiff's debt, then the the whole five pounds, shall not be liable to seizure under Assistant Barrister may issue a decree, to take in execution any execution, &c. against his goods. the body of the defendant to satisfy the plaintiff's demand 10. That for the purposes of this act the clerks of the and costs, with stay of execution, which decree may be peace may issue a summons in the nature of a subpæna ad according to the form (B.) to this act annexed, or as the testificandum or duces tecum to any person in Ireland recase may require; and under such decree the defendant may quiring him to appear and give evidence before the Assistant be arrested and detained in custody, but if at such hearing Barrister; and in case he shall not attend, the Assistant it shall appear to such Assistant Barrister that there is not Barrister may upon proof of service six days before the day property of the defendant which ought to be administered of appearance, and that the expenses of such person had under the said acts or that the defendant is not able to dis- been paid or tendered at the time of service, award such charge the plaintiff's debt, but that he has obtained credit penalty against such person not exceeding five pounds, as from the plaintiff under false pretences, or by fraud or breach he shall deem fit, causing to be filed of record in his court of trust, or has contracted such debt without a reasonable an affidavit of the time, place, and manner of such ser vice expectation of being able to pay same, or shall have made and of the tender of expenses, to be made by the person provany gift. or transfer of property, or charged, or concealed ing same; which penalty shall be paid to the party at whose same, with intent to defraud his creditors, the Assistant instance the summons shall have issued; and which together Barrister may by a decree according to the form (B.) to this with expenses paid to such witness, shall be recoverable in act annexed, or as the case may require, order such defend the civil bill court of the place where awarded, or where ant to be committed to the gaol or house of correction of the such witness resides : and the certificate of the clerk of the county, or place in whieh the defendant is resident, for any peace of such county, signed by him, of such penalty having period not exceeding three months, unless the plaintiff be been awarded, shall be prima facie evidence thereof: and sooner paid, without prejudice to any remedies for the re- the Assistant Barrister may award such sum for the expen
Ses of witnesses as he may deem proper, not exceeding five Tenancy, with the time and manner thereof, and where the pounds in the case of any one witness; to be recoverable in title of the landlord hath accrued since the letting of the addition to the sum ordered to be paid in such decree or premises, the right by which he claims the possession, and order, and when payable by a plaintiff in like manner as such justice of the peace may issue a warrant to any conbefore provided as to the cost of a dismiss.
stable of the district within which such premises shall be 11. That every Assistant Barrister, although he shall not situate, requiring him, within not less than seven or more than be at the time within his county may take any affidavit cou- ten clear days from the date thereof, to give possession of the cerning any action or proceeding in his court, and administer premises to such landlord or agent; and same shall be a the necessary oath and same shall be of the same force, and sufficient warrant to said constable to enter upon the prethe penalty for false swearing shall be the same, and the mises, with such assistants as he shall deem necessary, same fees shall be payable thereon, as if same was taken by and to give possession accordingly : provided that such enthe Assistant Barrister in the civil bill court within his try shall not be made on a Sunday, Good Friday, or county : provided that every such affidavit shall, within six Christmas day, or at any time except between the hours of days after same shall be made, be delivered to the clerk of nine in the morning and four in the afternoon : provided, that the peace of such county, or at his office, to be filed in said nothing herein contained shall protect any person by whom court, otherwise same to be void.
such warrant shall be sued out, from any action by any such 12. That in every proceeding before any Assistant Baris- tenant or occupier in respect of such entry and taking poster, an office copy of any original will or other testamentary session, where such person had not, as the time of suing document lodged in any ecclesiastical court in Ireland, or in out the same as aforesaid, lawful right to the possession of the registry thereof, and which shall appear by such copy to the said premises. have been duly proved, and probate or letters of adminis- 17. That such summons may be served personally or by tration thereof granted, shall, upon proof of the signature of leaving same with some person in occupation of such house the proper officer of such ecclesiastical court certifying or part of a house, and where the tenant shall not reside same to be a true copy, be admitted as primâ facie evidence therein, by serving same personally or by leaving same at of the contents of such original will; and the proper officer his abode four clear days before the day for the hearing of of such ecclesiastical court is hereby required to make a the said summons : provided, that if the person so holding memorandum in writing upon such copy of the time at over cannot be found, and admission into the premises canwhich, and the person to whom such probate or adminis. not be obtained, and the abode of such person shall either tration was granted : providing, that the party producing not be known or admission thereto cannot be obtained, the such copy shall give notice to the adverse party in writing posting of the summons on some conspicuous part of the six days before producing same.
premises so held over shall be deemed to be good service 13. That in every such proceeding an office copy of any upon such person. judgment, decree, or order, by any court of law or equity 18. That in construing this act and the schedule thereto, in Ireland, certified by the proper officer of such court, shali, unless the context shall exclude such construction, words apon proof of such officer's handwriting, be taken as primá importing the singular number shall extend to several perfacie evidence of such judgment, decree, or order.
sons or things; and words importing the plural number, 14. That the service of any civil bill process on the de- shall extend to one person or thing; and words importing fendant, or the wife, child, or servant of the defendant, at the masculine gender only, shall extend to a female ; and his shop, office, warehouse, or place of business, shall be as the expression “ Assistant Barister" shall include the Revalid as service at the residence of the defendant: provided corder of Dublin, and the chairman of the sessions of the that no such process shall be served on Good Friday or peace for the county of Dublin, the Recorder of Cork or of Christmas day
Derry, or the Recorder of any other corporation acting 15. And doubts have arisen whether, under the 3 & 4' and holding courts pusuant to the act for the regulation of • Vict. c. 105, the affidavits mentioned in the 8th section of municipal corporations in Ireland; and the word “decree” *said act can be made before the Extraordinary Commis- shall include a dismiss and a renewal of a civil bill decree ; sioners of the Court of Chancery in Ireland for taking af- the word “plaintiff” shall include a petitioner; the word "fidavits in Great Britain: and whereas it is expedient “ defendant" shall include a respondent; and the words that the said commissioners should have the power to take “action” or “ suit" shall include a petition or matter. such affidavits;' same may be made before said commis- 19. That this act shall extend only to Ireland. sioners, as same are now made before the Masters in ordi- 20. Thas this act shall commence and take effect on the nary and extraordinary of the said court in Ireland. first day of November, 1848.
16. 'And certain tenements and parts of tenements are 21. That this act may be amended or repealed, &c. "held in cities and towns in Ireland, at small monthly and
Schedule to which the foregoing act refers. 'weekly rents, and it is just that where the power to enforce the payment of such rents by arrest of the person is
Form (A.) ‘taken away, greater facility should be given for the re
Form of Civil Bill to be served pursuant to this act. 'covery of the possession of such premises ;' be it enacted,
County of By the Assistant Barister at the sessions that from the commencement of this act, when the term of division of Š for the said county. the tenant of any house, or part of a house, in any county
A. B of
The defendant[s] is (or are] of a city, or county of a town, or borough, or market town, county of [Residence hereby required to appear bein Ireland, held for any term not exceeding one calendar and addition of plaintiff [s] fore the said assistant Barister, month, at a rent not exceeding one pound sterling by the or complainant(s).]
day of month, shall have ended, or been determined by a notice to Plaintiff (or complainant]. | to answer the plaintiff's bill, quit, and such tenant, or any person by whom the premises
and to show cause why execuor any part thereof shall be then occupied, shall refuse to C. D. of in the tion or process of arrest (or quit and deliver up possesion thereof the landlord or his county of [Resi. a committal] should not issue known agent or receiver may cause such person to be served dence and addition, against the person of the dewith a summons in writing, signed by a justice of the peace Defendant[s]. fendant, under or in respect of having jurisdiction in the place in which said premises are a certain judgment (or decree, or order] of the court of situate, to appear before any two or more justices at any bearing date the
had and obtained by court of petty sessions, &c., to show cause why possession the said plaintiff[s] (or complainant[s] against the said deof said premises should not be delivered up to such landlord fendant[s], for the payment of the sum of by the said or his agent, or receiver; and if the tenant shall not appear, defendant[s], in a certain action for suit), for [state the or shall appear, and shall not, to the satisfaction of such former cause of action, or nature of the former action, or justices, show cause why possession should not be given, that the claim is for costs, as the case may be]; and which and shall still refuse to deliver up the possession of said said sum of pounds the said plaintiff[s] has (or have] premises, the said landlord, or his agent, or receiver, may been unable to recover from the said defendant, or out of gire proof of the olding, and of the determination of the the goods and chattels of the defendant.
in the 7