Gambar halaman
PDF
ePub

ing neverthless fully indemnified such sheriff, &c. against all costs, and all loss and damage, before such action shall

5. 6.

lord shall not

severed, nor

threshing, car

1

be commenced. And by s. 6. where any purchaser of Where sheriff any crop herein-before mentioned shall have entered into sells pursuant any agreement with such sheriff, &c. touching the use and to this act, landexpenditure thereof on lands let to farm, it shall not be distrain crops lawful for the owner &c. of such lands to distrain for any horses, &c. rent, on any corn, &c. or other produce thereof, which, at employed for the time of such sale, and the execution of such agreement, rying, &c. such entered into under the provisions of this act, shall have crops, &c. been severed from the soil and sold, subject to such agreement, by such sheriff, &c. nor on any turnips, whether drawn or growing, if sold according to the provisions of this act; nor on any horses, sheep or other cattle, nor on any beasts whatsoever, nor on any waggons, carts, or other implements of husbandry, which any person shall employ, keep or use on such lands, for the purpose of threshing out, carrying or consuming any such corn, &c. or other produce, under the provisions of the act, and the agreement directed to be entered into between the sheriff, &c and the purchaser of such produce as herein-before mentioned. By s. 7. no sheriff, &c. shall, by virtue of any process, sell or dispose of any clover, rye-grass, or any Artificial grasartificial grass, which shall be newly sown, and be grow- &c.not to be sold. ing under any crop of standing corn. But by s. 8. this s. 8. act shall not excend to any straw, turnips or other articles, Proviso as to which the tenant may remove from the farm consistently the tenant may with some contract în writing. By s. 9. in every case by contract where any action shall be brought against such sheriff, s. 9. &c. for any breach of or omission of compliance with the Action against sheriff, &c. for provisions of this act, no plaintiff shall be entitled to re- wilful breaches cover any damages against such sheriff, &c. unless it shall only. be proved on the trial of such action, that such breach, &c. was wilful on the part of such sheriff, &c. And by s. 10. no sheriff or under sheriff, nor any or either of their de- Sheriffs, &c. not puties, agents, bailiffs or servants, nor any person who deemed trespasshall purchase any hay, straw, chaff, turnips, grass or of occupying barns, &c. or grasses, or other produce and things herein-before men- other necessary tioned, under the provisions of this act, nor his or their act, though dones after return of servants, shall be deemed to be trespassers by reason of process.

s. 7.

ses newly sown,

[ocr errors]

articles which

remove.

s. 10.

sers by reason

their coming upon or remaining in possession of any barns or other buildings, yards or fields, for the purpose of threshing out or consuming any straw, hay, &c. under the provisions of this act, or for doing any matter fit or necessary to be done for the purpose of executing the same, and carrying into effect all stipulations contained in any agreement made under such provisions, though such acts shall have been done by such sheriff, &c. and by such person, &c. his or their servants, after the return of the process under which such sheriff, &c. shall have acted. By s. 11. no assignee of any bankrupt, or of any insolvent No assignee of debtor's estate, nor any assignee under any bill of sale, nor any purchaser of the goods, chattels, stock or crop of farming stock, any person engaged or employed in husbandry, on any &c. shall use or lands let to farm, shall take, use or dispose of any hay, &c. dispose of same or other produce of such lands, or any manure, compost, ashes, sea-weed, or other dressings intended for such lands, and being thereon, in any other manner, and for any other purpose, than such bankrupt, &c. ought to have taken, &c. the same, if no commission of bankruptcy had issued, or no such assignment had been executed, or sale made.

8. 11.

bankrupt or insolvent, nor any purchaser of

otherwise than bankrupt, &c. might.

Sheriffs to make, P. 319. l. 40. By the 57 Geo. 3. c. 68. s. 1. I. it shall

like returns

against late

sheriffs, as

against other. persons.

s. 1. I.

s. 2.

upon writs, &c be lawful for every sheriff in Ireland to account and make like return for, upon, and in respect of any writ or process issued against the person, lands and goods, or any of 57 Geo.3.c.68. them, of any former sheriff, as if issued against any other person. And this act provides (s. 2.) that whenever any Sheriffs to have sheriff, or any person who shall have been sheriff or joint double costs in sheriff in Ireland, shall obtain judgment in any action actions against sub-sheriffs (or against any person who shall then be or shall have been sureties) for his under-sheriff, or against any surety of such under malfeasance or nonfeasance. sheriff, such surety having become such after the commencement of this act, (7 July, 1817.) in respect of any breach of the duty of such office, or in respect of any malfeasance, misfeasance, nonfeasance or neglect therein, then the plaintiff in such action shall be entitled to double costs, to be included in such judgment, and be also entitled, under the direction of the court, to suggest that such action was brought for such cause, if the same shall

not

[ocr errors]

s.3.

neglect or mis

the debt due to

due to the debt

indorsed on said

G, B.

not sufficiently appear on the pleadings. And by s. 3. in all cases in which by law any action might be maintained Actions for against any sheriff for any neglect or misconduct in office, conduct of under sheriff may be it shall be lawful for the person to whom such action shall brought against accrue, to bring such action against the under-sheriff, in- himself, instead of high sheriff. stead of the high sheriff, if such person shall think proper, unless it shall appear that the cause of action arose from some immediate act or default of the high sheriff alone, and not at all from any act or default of the under-sheriff. P. 330. l. 31. The 57 Geo. 3. c. 117. G. B. recites, All fiats for issuing extents that extents in aid have, in many cases, been issued for the in aid to specify levying and recovering of larger sums of money than were his majesty, and due to his majesty by the debtors on whose behalf such the debt found extents were issued, and, in other cases, at the instance and cr of his majesfor the benefit of persons indebted to his majesty by sim- ty shall be ple contract only; and to prevent such practices this statute writ. provides, that upon issuing every extent in aid on behalf 57 Geo.3.c.117. of any debtor to his majesty, after the passing of this act, the court of exchequer at Westminster, or the chancellor chief baron or other baron of said court granting the fiat for the issuing of such extent, shall cause the amount of the debt claimed to be due to his majesty to be stated in said fiat; and where the debt or debts found due to the debtor of his majesty shall be equal to or exceed the debt specified in said fiat, the amount of the debt so specified shall be indorsed upon the writ, and the writ so indorsed shall be the authority and direction to the sheriff, or other officer who shall execute such writ, as to the amount to be levied under said writ; and when the debt or debts found due to the debtor to his majesty shall be of less amount than the debt specified in the said fiat, the amount so found due shall be indorsed upon the writ, which shall be the authority, &c. to the sheriff or other officer as to the amount to be levied; and the money levied under such Money levied extent shall be, by order of said court, paid over to and majesty's use. for his majesty's use, towards satisfaction of the debt so due to his majesty. Provided (s. 2.) that where the sum produced by the sale of any lands, goods or chattels, taken, Where sum proor by the receipt of any money by any sheriff or other duced by sale of officer under any such writ of extent, shall be more than &c. exceeds sum sufficient indorsed, court

paid over to his

s. 2.

lands, goods,

[blocks in formation]

return or dis

s. 3.

This act not

to prejudice the king's debtor's

right to the residue of his debt, or his remedies for

same.

may order the sufficient to satisfy the sum so indorsed upon the back of posal of surplus, the writ, such overplus shall be paid into the exchequer, together with the amount indorsed upon said writ; and said court shall, upon any summary application, make such order for the return, disposal, or distribution of any such surplus, or any part or proportion thereof, as to said court shall appear to be proper. Provided (s. 3.) that nothing in this act, nor seizure of any debt into the hands of his majesty, or part recovery or payment of such debt, or other proceeding had under this act, or in relation to the applying for, obtaining, or executing any such writ, or disposing of any such overplus, shall affect or prejudice, either at law or in equity, any right or demand of the person or persons to whom such debt shall have been due, when seized into his majesty's hands, or his assignee, executor or administrator, as to the remaining part of such debt, or as to the suing any person against whom any such writ shall have issued, or whose lands or goods shall have been taken under such writ, for the residue of such debt, as to the recovery of or receiving any residue of any debt so seized or in part levied, &c. or any other debt seized or sued for under such extent, but still remaining due, either in the whole or in part; but any such person, or his assignec, executor, &c. may sue for and recover the remainder of such debt so seized, or any other debt, in the same manner as if no such extent had issued. By s. 4. it shall Persons indell not be lawful for any person or persons, companies or somajesty by sim-cieties of persons, corporate or not corporate, who shall ple contract, or be indebted to his majesty by simple contract only, nor for any such person, &c. who shall be indebted to his majesty by bond for answering, accounting for, and paying any sub-distributors particular duty or sum of money which shall arise or be sureties in bonds come payable to his majesty from such person, &c. in refor debt due to spect and in the course of his or their particular trades, manufactories, professions, businesses or callings; nor for extents in aid, any sub-distributor of stamps who shall have given bond to his majesty; nor for any person who shall have given bond to his majesty, either jointly or separately, as a surety only for some other debtor to his majesty, until such surety shall have made proof of a demand having been made

s, 4.

ed to his

by bond, for money due in

respect of their trades, &c. nor

of stamps, nor

until resorted to

his majesty,

shall sue out

upon

:

S. 5.

aid to issue on

upon him on behalf of his majesty, in consequence of the non-performance of the conditions of the bond by the principal, and then only to the amount of the said demand, to sue out and prosecute any extent in aid, by reason of any such debt to his majesty, for the recovery of any debt due to such person, company, or sub-distributor ; and every commission to find debts, extent in aid, and other proceedings, which shall be so issued or instituted at the instance of or for such simple contract or bond debtor, shall be void provided that nothing herein shall prevent any person who shall become debtor to his majesty by simple contract only, by the collection or receipt of any of his majesty's revenue, from suing out any commission or extent in aid, in case one or more of such persons shall be bound to his majesty by bond or specialty of record in said court of exchequer, for paying over or accounting for, to his majesty, the particular duties or sums of money which shall constitute the debt that may be so then due from such person to his majesty. Provided (s. 5.) that no extent in aid shall be issued on any bond given by any No extent in person as a surety for the paying or accounting for any bonds of sureties duties which may become due to his majesty from any for fire inbody or society, whether incorporated or otherwise, car- panies, &c. `rying on the business of insurance against any risques of fire or other kind. By s. 6. any person who shall be imprisoned under any writ of capias in any extent in aid, Court of exmay apply to the barons of the exchequer in England or chequer, or Scotland, or to any baron of the same court in vacation, tion, may disfor his discharge, giving one month's previous notice charge any perin writing to the person, &c. to whom he owed the debt a capias in any for which he is so imprisoned, at the time such was seized under such extent in aid, of his intention to tice being given of such applicamake such application, and stating in such notice tion. the ground of such application, and an enumeration and description of the property, debts and effects, of such person, in his possession or power, or in the possession, &c. of any other person for his use; and it shall be lawful for the court, or any such baron in vacation, to whom such application shall be made, to order such person to be brought before them or him, to be examined upon oath,

debt

touching

surance com

s. 6.

baron in vaca

son taken upon

extent in aid, one month's no

« SebelumnyaLanjutkan »