Notice to creditors. *vide p.257&c. vit of the purport [*herein-before set forth] being made and left with such petition, such court, on being satisfied with the truth of such affidavit, shall, on the application of such prisoner, make a rule or order to cause such prisoner to be brought to the next assizes which shall be holden for the county, &c. where he shall be imprisoned; and the expense of so bringing such prisoner, not exceeding 1s. a mile, shall be paid to the keeper or gaoler, or Expenses how officer, who shall so bring such prisoner in obedience to paid. such order, out of such prisoner's estate or effects, if the same shall be sufficient to pay such expense, and if not, then such expense shall be paid by the treasurer of the county, county of a city or county of a town, in which such prisoner shall be imprisoned, as the same shall be ordered by the judge before whom he may be brought; and the grand jury of such county, &c. shall present the amount thereof; and a copy of such petition, schedule and oath, and also of such rule, &c. thereupon, shall be served †vide p. 255-6. in manner [† aforesaid] on the several persons required to be served with such petition as aforesaid, 20 days at the least before such assizes; and on due proof of the service thereof, the judge or judges of assize shall appoint a time for hearing such petition, on some certain day and time during such assizes; and on such day the judge, &c. shall there, in a summary way, examine into the matter of such petition, and hear what can be alleged on either side for or against the discharge of such prisoner; and every such judge or judges of such assizes, or one of them, within their respective jurisdictions, shall administer or tender to every such prisoner the same oath as herein-before directed (ante p. 257. &c.) to be taken before the judges of the court out of which the process issued, and make such order in the premises as to him or them shall seem meet, according to the provisions of this act, and proceed in the same manner concerning the discharge of any prisoner in any prison within their respective jurisdictions, in all respects, as the courts out of which any process shall issue against any such prisoner are herein empowered or directed to do, or postpone, if he or they shall see fit cause for so doing, the hearing of such matter until any sub Proceedings be fore judge of assize in the same manner as before court. sequent sizes transmit ed. s. 30. who could not have sued therein dis- not barred, sequent day in the same assizes, or until the ensuing assizes; and the judge or judges at such ensuing assizes shall have the same powers in respect thereof; and every such order which shall be made in the premises by any such judge, &c. of assize, shall be as valid as if the same was made in the superior court to which such petition was presented, and the same shall be made a record of the proceedings at such assizes, and a copy thereof shall from thence be transmitted to such superior court, signed by such judge, &c. of assize, to be a record of said court. The clause (s. 29.) of this act which declares that pri- copy of prosoners discharged by virtue of this act shall not be arrest- ceedings at ased for the same debt, &c. with respect to which such dis- ted and recordcharge shall have been obtained, is followed by this peculiar proviso, (s. 30.) that when any such person shall have been discharged by any court, other than one of his ma- Where prisoner discharged by jesty's superior courts in Dublin, or the court of assizes, an inferior no creditor whose debt could not be lawfully sued for and court, creditor recovered in the court by which such discharge shall have been made, shall be in any respect affected by such charge, unless such creditor shall have received a divi- ceived a dend on such debt under this act. And it is provided by s. 56. that all assizes and other courts which shall have the same title and jurisdiction, and within the same limits spectively, shall, as to all the purposes of this act, deemed to be the same courts respectively, although sitting under different commissions or warrants respectively. The 53 Geo. 3. c. 138. I. is amended by the 54 Geo. 3. c. 114. I. which provides, that it shall be lawful for person who shall be a prisoner in any prison in Ireland, to court in term upon any process issuing from any court whatsoever, for time, he may be or by reason of any debt, damage, costs, sum or sums of vacation by a judge of such money, or contempt for non-payment of money, and who court. shall have been so in custody during 3 calendar months or 51Geo, c.114. more, and who shall not have been so in custody in time to enable him to apply by petition to the court in term time, to apply in vacation to any judge of such court by petition; and it shall lawful for such judge, in vacation time, to receive such petition, and any schedule annexed thereto, and to hear such petition, and pronounce such re unless he rc dividend. s. 56. All courts with same title, be &c. deemed the every judgment, same though silting under different com missions, &c. Where prisoner is not in custody in time to apply discharged in 54 1. in judgment, and make such orders, and do all others matters requisite for the discharging or remanding of such prisoner, and for the assignment and application of the estate and effects of such prisoner, and in all other respects to act with respect to such prisoner, &c. and his creditors, as such conrt might do under the 53 Geo. 3, c. 138. if such petition had been presented to such court, open court, during the sitting of said court. This act (s. 2.) contains a proviso with respect to amending matters Matters of form, of form, &c. in the petition, schedule or other proceedings, &c. amended. precisely similar to s. 49. of the 53 Geo. 3. c. 102. E. ante, p. 287. And by s. 3. provides, that in case any prisoner who shall have been discharged or remanded under the 37 Geo. 3. c. 49. Ir. or 50 Geo. 3. c. 47. I. shall present a petition to any court or judge, for the judge, for the purpose of the benefit of taking the benefit of the 53 Geo. 3. c. 138. I. or this act, 53 Geo. c.138. it shall be lawful for such court, &c. to receive such pe S. 2. s. 3. Prisoners discharged or remanded under 37 Geo. 3. c. 49. or 50 Geo. 3. c. 47. may take or this act. tition and any schedule annexed thereto, and to discharge such prisoner, in case such court, &c. shall think fit so to do, upon his conforming to the directions of the 53 Geo.3. c. 138. or this act, although he may have been discharged or remanded under the 37 Geo. 3. c. 49. and 50 Geo. 3, c. 47. or either of them, within 5 years previous to presenting such petition under the 53 Geo. 3. c. 138. or this act 56 Geo.3.c.126. The 56 Geo. 3. c. 126. I. amends this act (53 Geo. 3. c. 128. I.) by providing, that in every notice thereby notice that he is directed to be given by any prisoner to his creditors, he willing to be ex- shall declare that he is ready and willing to be fully ex I. amined touching he has acted with gross in the justice of his amined touching the justice of his conduct to his creditors; conduct; and if and the court or judge to whom any prisoner shall apply under the 53 Geo. 3. c. 138. or any act amending the not be dis same, to be discharged, shall examine every such prisoner charged, unless touching the justice of his conduct towards his creditors; years, or credi and if it shall appear to said court or judge, upon such justice he shall imprisoned for 5 tors consent. examination, or otherwise, that such prisoner has acted with gross injustice towards his creditors, either in contracting any debts, or entering into any engagements, without * This clause incorporates sections 1 & 2, of 56 Geo. 3. c. 102. E, ante p. 294. without any fair prospect or probable means of paying such debts, or fulfilling such engagements, or by squandering or otherwise unjustly disposing of his monies, effects, or other property, which he might have applied in paying such debts, &c. either wholly or in part, he shall not be entitled to his discharge unless the whole of his creditors consent thereto, or unless he shall have been confined within the walls of any prison for 5 years, to be computed from the time of his applying for his discharge. And by s. 2. nothing herein shall alter or repeal any of the powers or provisions of the 53 Geo. 3. c. 188. or of any act to amend the same, further than as they are hereby expressly repealed or altered. 1 to farm, not to of covenant. 56 Geo. 3. c. 50. 1 P. 309. l. 28. The 56 Geo. 3. c. 50. E. & W. intitled Crops or proan act to regulate the sale of farming stock taken in ex- duce of land let ecution, enacts, that no sheriff or other officer, in England be taken, &c. or Wales, shall, by virtue of any process of any court of under execution, to deprive landlaw, carry off or sell, or dispose of for the purpose of lord of benefit being carried off, from any lands let to farm, any straw threshed or unthreshed, or any straw of crops growing, E. & W. or any chaff, colder, or any turnips, or any manure, compost, ashes, or sea-weed, in any case whatsoever, nor any hay, grass or grasses, whether natural or artificial, nor any tares or vetches, nor any roots or vegetables, being produce of such lands, in any case where, according to any covenant or written agreement entered into and made for the benefit of the owner or landlord of any farm, such hay, grass or grasses, tares and vetches, roots or vegetables, ought not to be taken off or withholden from such lands, or which by the tenor or effect of such covenant, &c. ought to be used or expended thereon, and of nant given to which covenants, &c. such sheriff, &c. shall have received sheriff, &c. a written notice before he shall have proceeded to sale. And by s. 2. the tenant or occupier of any lands let to farm, against whose goods any process of law shall issue, snall give notice whereby such goods may be taken and sold, shall, on to sheriff, &c. of having knowledge of such process, give a written notice to the sheriff, &c. executing the same, of such covenants, &c. whereof he shall have knowledge, and which may reate to and regulate, or are intended to regulate, the use and Notice of cove s. 2. Tenant, &c. covenant, and of name and resi-.. dence of land lord. his steward or agent, of seizure. S. 5. make inquiry in &c. of landlord before sale. and expenditure of the crops or produce grown or growing thereon, and also of the name and residence of the owner or landlord of such lands; and such sheriff, &c Sheriff thercup shall, forthwith, on executing such process, and before on to give notice to landlord, or any sale shall have been proceeded in, send a notice by the general post to such owner, &c. where such owner, &c. shall be resident in any part of the united kingdom, and shall have been made known to and ascertained by such sheriff, &c. and also to the known steward or agent of such owner, &c. in respect of such lands, stating to such owner, landlord, and agent, the fact of possession having been taken of any crops or produce herein-before If landlord ab- mentioned; and such sheriff, &c. shall, in all cases of the sent, &c. sale absence or silence of such landlord or owner, or his agent, how postponed. postpone the sale of such crops or produce until the latest day he lawfully can appoint for such sale. And by s. 5. such sheriff, &c. shall, before, any sale of any crops Sheriff, &c. to or produce of any lands let to farm shall be proceeded parish for name, in, make, by all ways and means, due inquiry within the parish where such lands shall be situate, as to the name and residence of such landlord, &c. Provided (s. 3.) that such sheriff, &c. may dispose of any crops or produce herein-before mentioned, to any person who shall agree in writing with such sheriff, &c. (in cases where no covenant, &c. shall be shewn) to use and expend the same on such lands, in such manner as shall accord with the custom of the country; and in cases where any covenant, &c. shall be shewn, then according to such covenant, &c. and after such sale or disposal so qualified, it shall be lawful for such person to use all such necessary barns, stables, buildings, out-houses, yards and fields, for the purpose of consuming such crops or produce, as such sheriff, &c. shall assign to him for that purpose, and which such tenant or occupier would have been entitled to and ought to have used, for the like purpose, on such lands. By s. 4. such sheriff, &c. shall, on the request of any landlord or owner who shall be aggrieved by any breach of such agreement, permit such landlord, &e. to bring any action in the name of such sheriff, &c. for the recovery of damages in respect of such breach, such landlord, &c. hav s. 3. Crops sold ac cording to cus tom of country, or covenant. Purchaser to have use of barns, &c. for consuming the same. S. 4. Landlord may bring action in the name of she riff, &c. |