appointed or empowered to act or officiate within the said local jurisdictions respectively. No. XXXI. 7 & 8 G. IV. c. 59. Such Justices II. Provided always, That such Justices of the Peace and Quorum so appointed shall not, by reason of such appointment, possess or exercise any power or authority within the corporation of the said local jurisdictions respectively, or acquire thereby any corporate rank power and authority, not to acquire of what kind or nature soever; provided also, that no Justices shall be appointed under this Act in any city in which a Police Court shall have been established under an Act of Parliament. [XXXI.] 7th & 8th George IV. c. 59.-An Act for further amending the Laws for the Recovery of small Debts, and the proceedings for that purpose in the Manor Courts in Ireland.-[2d July 1827.] WE corporate Rank Power or Authority. c. 41. Where the Debt exceeds HEREAS an Act was made in the last Session of Parliament, intituled An Act to amend the Laws for the Recovery of Small Debts, 7 George IV. and the Proceedings for that purpose in the Manor Courts of Ireland, and it is expedient that the said Act should be amended and rendered more effectual: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That in all cases where the sum sought to be recovered under the said Act shall exceed ten pounds, and shall not exceed the sum of one hundred pounds, the summons or process which shall be issued in the name of the steward or seneschal of the manor court, to the person or persons complained against, shall be served upon such person or persons upon some day not less than seven days before the day appointed for the appearance of such person or persons; and that in all cases where the sum sought to be recovered shall exceed one hundred pounds, every such summons or process shall be served upon the person or persons complained against, upon some day not less than fourteen days before the day appointed for the appearance of such person or persons; and that in either of such cases any person or persons so complained against, shall and may be required by such summons to appear at any court to be holden by such seneschal or steward within such manor on any such day, to be named in such summons, as shall be at a sufficient distance from the date of such summons as to allow for such service; and every such summons shall be served by the deliverer of such summons to the person or persons summoned, or by leaving such summons at the usual place of abode of such person or persons; and if any such summons shall not in the several cases be served according to the directions of this Act, the same shall be and become null and void to all intents and purposes. II. And be it further enacted, That in all cases where the sum sued for, or for which a verdict shall be given in any manor court, shall not exceed the sum of forty shillings, it shall and may be lawful for the court and jury to examine the plaintiff and defendant, or either of them, upon oath, if they shall think proper so to do; and it shall also be lawful for the jury in and by their verdict to direct that payment of the sum for which their verdict shall be given shall be made by the defendant with or without the costs, by such weekly or monthly instalments, or in such proportions, and within such time, not exceeding three calendar months, as such jury shall think fitting and convenient; and in such cases it shall be lawful for the seneschal or steward of any such court to stay the issuing of the decree for any space of time not more than three calendar months, provided the defendant shall undertake to pay the amount of the sum for which such verdict shall be given, with the costs (if any), by such instalments or in such proportions as shall be directed by the verdict of such jury; and such decree shall be stayed accordingly, until default be made by the defendant in the payment of some one instalment, and shall then only issue for the balance due, with such costs as such seneschal or steward shall think fitting. Fourteen Days pearance, and if the Debt exceeds 1007. Appearance. Service of Where Sum the Parties, ments. No. XXXI. 7 & 8 G. IV. c. 59. Execution may be issued on Verdict, returnable on any Court Day, and may be renewed if requisite. Trial may be deferred. Trials in Cases above 107. Fees to Registrar on Summons; on Decree. III. And whereas by an Act made in the Parliament of Ireland, in the twenty-fifth year of the reign of His late Majesty King George the Third, for the more speedy and easy recovery of small debts in the manor courts in Ireland, it is among other things enacted, that the seneschal or steward of any such court shall issue execution on verdicts and decrees in such courts returnable on the next court day; and that no renewal of any execution shall be granted in any case where an execution shall be obtained, and not executed, unless it shall first appear to such seneschal or steward, on oath, that the party applying for such renewal had really and truly used legal and necessary diligence in order to have such former execution executed: Be it enacted, That from and after the passing of this Act it shall be lawful for the seneschal or steward of any such court to issue execution on any verdict or decree, returnable at any court day after the verdict or decree given or made; and also to issue or grant any renewal of any execution, in any case where such renewal shall appear to such seneschal or steward to be requisite for obtaining justice to the party on whose behalf such renewal shall be applied for. IV. And be it further enacted, That it shall and may be lawful for the seneschal or steward of any manor court, upon application of either of the parties in any action, to postpone or defer the trial of the cause until the next or any subsequent court day after such application shall be made, if he shall think fit in his discretion so to do; and that in all cases where the sum sued for shall exceed ten pounds the trial shall not take place until the court day next after the court day appointed for the appearance of the defendant upon the original summons in such action. V. And be it further enacted, That from and after the passing of this Act the several fees and sums following shall and may be paid by and taken from any person suing or being sued in any manor court in Ireland having jurisdiction to hold places to the amount of thirty pounds or upwards, in addition to the fees specified in the said recited Act of the twenty-fifth year of His late Majesty; that is to say, to the registrar of any manor court, where such officer is created by the charter of such manors respectively, on the taking out of any summons, where the sum in demand shall not exceed ten pounds, the sum of one shilling; where such sum shall exceed ten pounds and shall not exceed one hundred pounds, the sum of two shillings; and where such sum shall exceed one hundred pounds, the sum of three shillings, and no more. To the and to Steward seneschal or steward of any manor court, upon the making of any decree, where the sum recovered shall not exceed ten pounds, the sum of two shillings; where such sum shall exceed ten pounds and shall not exceed one hundred pounds, the sum of three shillings; and where such sum shall exceed one hundred pounds, the sum of four shillings, and no Manor Courts having unlimited Jurisdiction as to Debte, may proceed in Cases exceeding 107. as under their ancient Juris diction. Weekly Payments, not exceeding 2s. 6d., to be paid to Debtors in Custody for less than 107, more. VI. Provided always, and be it further enacted, That in cases where the jurisdiction of any manor court or courts, with respect to the recovery of any sum or sums of money, shall not be limited to any specific amount by the grants or charters or other authority under which any such court or courts may be respectively held, it shall and may be lawful for such court or courts, and for the seneschal steward and registrar of any such court or courts, to proceed for the recovery of any sum or sums of money exceeding ten pounds, in such manner and method, and by such process, as such court, or the seneschal or steward or registrar and other officers of such court, might have done at any time before the passing of the said recited Act of the last Session of Parliament; and in such case it shall be lawful for the seneschal or steward and for the registrar of such court to receive and take such fees as were lawfully payable under such grants or charters, or otherwise, at any time, before the passing of the said Act; any thing in the said Act to the contrary in anywise notwithstanding. VII. And be it further enacted, That in all cases where any person shall be confined or detained in any prison at the suit of any creditor or creditors in any manor court for any debt less than the sum of ten pounds, it shall be lawful for the seneschal or steward of such court, on the application of such debtor, in case such seneschal or steward shall think right under the circumstances of the case so to do, to order that the creditor or creditors at whose suit such debtor shall be confined or imprisoned shall pay to such debtor such sum or sums, not exceeding the rate of two shillings and sixpence by the week in the whole, at such times and in such manner as such seneschal or steward shall direct; and that on failure of payment thereof, as directed by such seneschal or steward, such debtor shall be forthwith discharged from custody at the suit of the creditor or creditors failing to pay the same. [No. XXXII. ] 9 George IV. c. 43.-An Act for the better Regulation of Divisions in the several Counties of England and Wales.-[15th July 1828.] No. XXXII. 9 Geo. IV. c. 43. W HEREAS by divers Acts now in force it is enacted, that certain matters and things, in the same respectively mentioned, shall be transacted and determined within the divisions or limits within which the same shall arise, or the parties therein concerned inhabit or exercise their trade or calling, and by or before one two or more justices of the peace dwelling within or near to, or usually acting within, such divisions or limits respectively: And whereas the boundaries of such divisions or limits are in some instances uncertain, and in many have become inconvenient to the inhabitants within the same, from the change or increase of trade or population, or from other causes: And whereas doubts have arisen as to the authority by which such divisions or limits may from time to time be constituted defined or altered; and it is expedient that such doubts should be removed, and due provision made for the constituting defining and regulating from time to time such divisions or limits, as the convenience of the inhabitants within the same may require; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that at any time or times Justices to after the Michaelmas quarter sessions next following the passing of this Act, forward to the it shall be lawful for any two or more justices of the peace for any county Clerk of the riding, or division in England or Wales, having a separate commission Peace a Stateof the peace, to transmit to the clerk of the peace a statement in writing, ment of the signed by such justices, of the parishes, tithings, townships, and places within the same, which, in the opinion of such justices, would form together a convenient and a proper division within and for which special form a proper sessions should thenceforward be held; or of any parishes, tithings, town- Division for ships, or places, which, in the opinion of such justices, ought to be annexed, which Special for the same purposes, to any other division in the said county than those Sessions or that of which at the time of making such statement they form part; should be and that every such statement shall, among other things, set forth within held. what existing divisions or division, limits or limit, the several parishes, tithings, townships and places enumerated in the same, are situated or deemed to be; and also whether one or more and what existing divisions or limits will be altered by such proposed new divisions, or by the change of any place or places from one division to another; and also the names of such justices of the peace as at the date of such statement are usually resident or acting as such within the boundaries of such proposed new division. II. And be it further enacted, That at the quarter sessions next following the receipt of every such statement, setting forth such particulars as are above enumerated, and not otherwise, the clerk of the peace shall and he is hereby required to lay the same before such justices of the peace in such sessions assembled; and the justices of the peace for such county riding or division, having such separate commission of the peace, shall and they are hereby required (except in the cases herein-after provided for) to proceed, at the quarter sessions next following the laying of such statement before them as aforesaid, to the consideration thereof, and at their discretion to adopt the same wholly or in part, or to reject the same VOL. IV. Places, &c. that would Statement to be laid before the Justices at the next Quarter Sessions, who are to adopt or reject the same. No. XXXII. 9 Geo. IV. c. 43 Clerk of the altogether, or to adjourn their determination thereupon to the next or any succeeding quarter sessions. III. And be it further enacted, That immediately after the quarter sessions at which such statement shall have been first laid before the justices of the peace, the clerk of the peace shall cause to be published a copy of such statement in three successive numbers of one or more weekly newsvertise State papers usually published or circulated within the same county riding or division, and in which the advertisements of county business are usually inserted; and at the foot of such copy shall also cause notice to be given that such statement has been laid before such justices in pursuance of the directions of this Act, and that the same will be taken into consideration by the court at the then next ensuing quarter sessions. ment and other Parti culars in the Newspapers. If Justices approve, an Order to be made for constituting a new Division, and the Clerk of the Peace to publish the same. No new Division to be constituted unless Five Justices at least shall be proved to be resident therein. New Divisions to be deemed lawful Divisious for holding Special or Petty Sessions, or other Meetings of Justices. IV. And be it further enacted, That when and so often as the justices of the peace of any such county riding or division, having a separate commission of the peace, shall adopt wholly or in part any such statement so laid before them, and shall determine to change any parish, tithing, township, or place, from one division to another, or to constitute any new division, within which special sessions shall thenceforward be holden, the said justices of the peace shall thereupon make an order for such alteration, or for the constituting and defining such new division, and in such last-mentioned order shall particularly enumerate the several parishes, tithings, townships, and places to be comprised within such new division, and shall also specify the division or divisions within which respectively any parishes, tithings, townships, and places, disannexed by such order from any former division, and not forming part of such new division, shall thenceforward be taken to be, and also shall affix to such new division the name of some principal and convenient parish township or place within the same, and also shall, in either of such orders, as the case may be, particularly set down the day from which such order shall take effect; and the clerk of the peace for such county riding or division, shall forthwith publish a copy of such order in three successive numbers of one or more such weekly newspapers as aforesaid, and shall transmit a copy of such order to every high constable within the limits of such new or altered division or divisions. V. Provided always, and be it further enacted, That nothing in this Act shall be taken to authorize, and that it shall not be lawful for any justices in any court of quarter sessions to make any order constituting such new division, unless upon due proof before them made in open court upon oath that for two years next before the making of such proof there have been, and at the time of making the same there are, at the least, five justices of the peace residing in or usually acting within the boundary line proposed to be the limits of any such new division. VI. And be it further enacted, That from and after the day so specified in such order, for the term of twenty-one years, and until further order of sessions after the expiration of that time, and subject to no alteration or revision during such term, except as herein after provided, all matters and things which by law are now or hereafter may be required to be, or which now are usually transacted or determined within the division within which the same shall have arisen, or the parties therein concerned inhabit or exercise their trade or calling, and by or before one two or more justices of the peace dwelling or usually acting within the same, shall be transacted and determined, so far as the same matters and things arise within or concern the inhabitants of such new or altered division, or any of them, or the persons exercising their trade or calling therein, within the boundaries of such new or altered division; and such new or altered division shall thenceforward be, and be reputed and taken to be, for all purposes, and in the construction of all statutes now in force or hereafter to be made, and containing no special provision to the contrary, a lawful division for the holding of special sessions; and all bailiffs, constables, tithingmen, surveyors, overseers of the poor, and other officers, publicans, keepers of taverns, coffee houses, and victualling houses, and other persons, shall and they are hereby thenceforward required to give their at tendance to and upon such justices of the peace at any time assembled in such special sessions, within the same division, as fully and effectually as by law they had been bound to do within any division reputed or taken before the passing of this Act to be a lawful and accustomed division of justices for the purposes aforesaid. No. XXXII. 9 Geo. IV. c. 43. into the Extent of Divisions, and alter the same, and affix Names thereto. VII. Provided always, and be it further enacted, That at the quarter Justices at sessions next after the laying of any such statement before the justices in Sessions to such sessions assembled, it shall and may be lawful for such justices, if cause Inquiry they shall deem it expedient and proper, not to proceed to the single consideration of such statement, but instead thereof to cause to be made an inquiry and examination into the boundary lines extent and other local circumstances of all the existing and accustomed divisions for the holding of special sessions within the commission of such justices; and at such or any succeeding quarter sessions, to which the conclusion of such inquiry and examination may from time to time be adjourned, by order of sessions, to regulate, alter, new model, and subdivide all or any of such divisions, in such manner as shall appear to them proper and convenient, particularly specifying in such order the names of all such divisions, whether newly constituted altered or unaltered, the several parishes, tithings, townships, and places to be comprised in each, and affixing or continuing to each the name of some principal and convenient parish township or place within the same. VIII. And be it further enacted, That the clerk of the peace for any Clerk of the county riding or division in which such order shall have been made as last Peace to pubaforesaid, shall forthwith publish a copy of the same in three successive lish a Copy of numbers of one or more such weekly newspapers as aforesaid, and shall such Order. also forthwith transmit, by the post, a copy of the same to the churchwardens and overseers of the poor of each parish within the said county riding or division, to be by them affixed on the principal door of the church of such parish; and at the foot of every such copy so published or transmitted shall add a notice specifying at what time such order will be enrolled as herein-after provided, and at what time and in what manner any person or persons, or body corporate, aggrieved by such order, may petition against the same, or any part thereof, as herein-after provided. IX. And be it further enacted, That in every such order, some time Order to spe not earlier than the fourth quarter sessions next after the making thereof, cify a Time shall be provisionally specified, on which the same shall be enrolled as when it shall herein-after provided, subject to such alteration as may thereafter be made be enrolled. either in the particulars of the said order, or in the time of its enrolment; and that at any court of quarter sessions preceding such time, it shall and Parties allow may be lawful for any one or more person or persons, or body corporate, ed to petition jointly or severally, to present a petition in writing to such court against against such all or any part of such order, and to produce witnesses in support of such Order. petition; and the justices at such court assembled shall and they are hereby required to hear and determine, in a summary way, the merits of such petition, and to amend such order so far as may, upon such hearing, appear proper and convenient: Provided always, that no such petition shall be received or examined into, unless after due proof that a notice in writing, specifying the grounds thereof, which upon the hearing shall alone be inquired into, hath been served ten clear days before the commencement of such sessions, upon one of the overseers of the poor, or the tithingman or constable, or two substantial housekeepers of the parish, tithing, township or place respectively, as the case may be, wherein such petitioner or petitioners shall be resident at the time of presenting such petition, and also lodged, twenty clear days before such commencement, at the office of the clerk of the peace, who shall and he is hereby required forthwith to transmit a copy thereof to each of the justices usually acting within or for the district or places or place named in such notice. X. And be it further enacted, That so soon as all such petitions against Order to be enrolled as soon as Petitions against the same have been determined, and shall not be subject to Alteration for Ten Years. |