Evidence re

&c.

same 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 there shall be any in the parish,) by which process all persons claiming to have interest in the premises shall be required to appear before the said assistant barrister, chairman, &c. 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 of them, shall be situate, or at a court to be held before the recorder for the hearing of civil bills, where the premises shall be situate within the county of the city of Dublin, to answer the bill of the said lessor, &c. praying to be put into possession thereof; and it shall be lawful for the said assistant barrister, &c. upon such civil bill, and upon proof of such service as aforesaid, or quired to found decree of assis- in case of impossibility or unreasonable difficulty of sertant barrister, vice, (to be ascertained as herein-before provided,) upon proof of such affixing of said process, and that the premises were then held by the tenant at a rate not exceeding £20 per annum, and that a sum equal to one full year's rent, at such rate, was due when such proceeding by civil bill was commenced, and still remained due, after all just allowances to the tenant, to decree the said lessor, &c. to be put into possession of the said premises. And in case Lessee, &c. may the lessee, or his assignee, or other person claiming or prefer a bill to deriving under the lease or article by which the premises shall be holden, shall suffer the decree to be executed, putting the lessor, &c. into possession, without paying the rent and arrear thereon, with full costs, and without preferring a civil bill for relief to the assistant barrister, &c. or filing any bill for relief in equity, within the time now limited by the several statutes which regulate the action of ejectment for non-payment of rent, after such execu tion executed, then said lessee, &c. and all other persons deriving under said lease, &c. shall be barred and foreclosed from all relief in law or equity, other than by appeal from the decree of such assistant barrister, &c.; the said appeal to be brought within the time now limited for bringing of appeals on civil bills: Provided that the tenant or other person having right, under the several sta

assistant barris

ter, &c. or to a

court of equity,

to redeem.

Within what

time bill to be

preferred, or appeal lodged.

tutes

S. 4.

s. 5. Proces under

tutes which regulate the action of ejectment for nonpayment of rent, to redeem any premises the possession of which shall be given to any lessor, &c. under this act, may, at any time after execution executed within which he is now by law entitled, tender the rent and costs for the purpose of redeeming the said premises; and in all Rent and costs may be tendered cases where he or they would have been entitled under after execution the existing laws to be restored to the possession under under this act, as under ejectthe decree of a court of equity, if deprived of possession ment statutes. by ejectment for non-payment of rent, he and they may be restored by the decree of the assistant barrister, &c. on a bill preferred for that purpose, and due proof of their being entitled thereto. And by s. 4. every lessor, &c. recovering possession by such decree as aforesaid, shall have Lessor's reme dies for rent to the same remedy for all arrears of rent to the time of ex- the time of exeecution of said decree, as such lessor, &c. might have had cution saved. if possession had * been obtained under such decree. By s. 5. in all cases where any process upon any civil bill is by this act directed to be served upon any person, or to this act to be be affixed upon the premises, or on the door of the church served 50 days before hearing or chapel, the process shall be so served or affixed 30 days of civil bill. at the least previous to the day therein named for hearing such civil bill. And by s. 6. if any tenement, or any part of any tenement, for which any proceeding by civil bill served in extrashall be had under this act, shall be in any extra-parochial parochial places. place, and there shall be any chapel or place of public worship in such place, all process and copies of certificates before required to be fixed on the door of a parish church or Roman catholic chapel in places not extra-parochial, shall be fixed on the door of such chapel or place of worship in such extra-parochial place; and if there shall be none such, then the judge, before whom such proceeding by civil bill shall be, shall direct in what manner such process or copies shall be fixed in such extra-parochial place for the purposes of this act. By s. 7. in all cases under this act, the civil bill shall specify the names of Civil bill how the landlord or lessor, and tenant or tenants respectively, framed in the the nature of the tenancy, the description of the pre- provided for by mises, and the baronies or parishes wherein the same shall be situated, and the rent at which the same shall be

VOL. II.

2 F

* The word "not," seems to be here om'ttel.

then,

s. 6. Process how

s. 7.

several cases

this act.

then or had been last holden; and also, in cases where the proceeding shall be grounded on desertion, the fact of desertion by the tenant, and the amount of rent due after all just allowances, and the insufficiency of distress to countervail the same; and where the proceeding shall be grounded on the tenancy having determined, the fact of the determination of such tenancy, and the means by which the same shall have been determined, and refusal to deliver up possession; and in cases where the proceeding shall be grounded on non-payment of rent, the amount of the rent due after all just allowances, and when due; and the truth of the contents of the said civil bill shall be verified by the affidavit of the landlord, &c. his known agent or receiver, the said affidavit to remain in the custody of the clerk of the peace of the county in which such bill shall be filed. By s. 9. every defendantDefendant to who shall appear on the trial of any such civil bill, in any have every legal of the cases herein-before mentioned, shall be entitled to and equitable defence, and every defence which he may have in law or equity, and right of appeal, shall also have the same rights of appeal, under the same restrictions, &c. as in other cases of decrees on civil bills by any assistant barrister, &c.: Provided however that execution shall not be stayed by reason of such appeal, unless the tenant shall deposit with the clerk of the peace peal, unless rent the amount of rent proved to be due on hearing of such deposited.

Truth of civil bill how verified.

s. 9.

as in other civil bills.

Execution not

stayed by ap

s. 10.

to special bailiffs

to deliver possession.

civil bill. By s. 10. for the execution of said decrees it Sheriff's may shall be lawful for the sheriff to grant his warrant to a grant warrants special bailiff, at the plaintiff's nomination, in like manner as for the execution of any other decrees of the said assistant barrister, &c.; and it shall be lawful for such special bailiff, together with his assistants, to execute the same by delivering the possession of the lands or premises therein named to the landlord to whom the same shall be decrced, or to any person appointed by the said landlord to receive such possession; and neither the sheriff, nor assistant barrister, nor clerk of the peace, nor any other person, shall demand, receive or have, on account of said proceedings, any greater fees than are authorized ecuting decrees. upon the execution of decrees on civil bills by the 36Geo.3. c. 25. Ir. save that any attorney employed upon the trial

Same fees as

heretofore on ex

of

of any civil bill under this act, may charge and take from

tornies.

s. 11.

Where tenement

situated in 2 or

or more counties,

of process how

trought, and ex

the party by whom he shall be employed the sum of 20s. Additional fee in addition to the sums which he is now by law entitled of 20s. for atto charge for his attendance on the hearing of any other civil bill; and that the same shall be taxed against the unsuccessful party, in case he shall have appeared at the trial of such civil bill. Provided (s. 11.) that if any te nement touching which any proceeding by civil bill shall be had in pursuance of this act, shall be situate in 2 more counties, such proceeding shall be in any one such counties; and the sheriffs of the respective counties ecution executed, in which any part of such tenement shall be, and in which such proceeding shall not be had, shall execute such decree as shall be made on such civil bill, upon delivery to him of a copy thereof signed by the judge who shall have made such decree, with a warrant for execution thereupon signed by the assistant barrister, &c. acting for the county in which such decree shall be required to be executed. By s. 12. in all cases except where the proceedings shall be grounded on non-payment of rent, the assistant bar- Assistant barrister, &c. to rister, &c. shall sign 2 copies of every decree which shall be sign 2 copies of made in pursuance of this act, and also a memorial thereof, decrees for pos for the purpose of registry, in manner herein-after mentioned, and his affixing his signature to one of said copies shall be witnessed by some person present at the time of tested. such signature; and it shall be lawful for the landlord, &c. if he thinks proper, at any time between the termination of the assizes for the county then next ensuing, and the commencement of the assizes next following, to register one copy of the said decree in the office of the registry of deeds and wills in Ireland, by lodging a memorial and proving the perfection of the same, as in registering of deeds; and after the registry of said decree, it shall gistered to have have the further effect of a conveyance to said landlord,

S. 12.

session.

Signature al

Decree when re

the effect of a conveyance, and

bar parties, creditors, &c.

&c. of any interest which the tenant, or any person claiming under him, may have to said lands, &c. freed and discharged from all leases, contracts, mortgages, debts, charges or incumbrances of the said tenant, or any person claiming under him. And by s. 13. if any person in the said office for the registry of deeds, shall demand or Fees for registry as heretotake fure.

s. 13.

take any greater fee, gratuity, or sum of money, for or on occasion of the registry of any of the said decrees, than he is now by law entitled to for the registry of a deed, he shall forfeit £100. for every such offence, to be recovered in an action of debt by any person suing for the same. By s. 8. the clerk of the peace of the county shall enter in a book to be kept for that purpose, all decrees in the cord all decrees. cases herein-before mentioned, which shall be made at

S. 8.

Clerks of the

the

peace to re

Fee for inspecting book containing such entries.

any sessions of the peace for such county, and which entries shall specify the names of the plaintiffs and defendants, and the tenements recovered, as the same shall be specified in the civil bills concerning the same; which book every person shall have liberty to examine, paying to the clerk of the peace for such inspection Is 8d. and the said clerk of the peace, immediately after the close of each session of the peace, shall post on the door of the court-house where such sessions were held, a correct list of such causes in which any tenement shall have been repeace to post, on covered, at such sessions under this act, which list shall door of court specify the parties' names, and the description of the tecauses in which nements, as set forth in the civil bill upon which the same possession de- shall have been recovered, upon pain of forfeiture for every such omission £100. to be recovered by action of debt, by any person suing for the same: Provided that the omission to make such entry, or posting, shall not invalidate, or in any ways effect any decree or recovery of the possession of any lands, &c. (see s. 18. ante P. 217.)

Clerks of the

house, list of

creed.

Of Process.

The statute

51 Geo.3.c.124. against frivolous arrests.

P. 197. 1. 34. The 51 Geo. 3. c. 124. E. & W. (which

is abridged in Addenda P. 1.73 to 76.) is continued by the 57 Geo. 3. c. 101. to the first day of November, 1823,

and