Forests, and Land Revenues, being [here describe the Account to which the same is to be carried]; and from and immediately after the Payment of the same in Manner aforesaid, the said Sum of shall by virtue of the said Act become and be a Loan charged upon the whole of the said Possessions and Land Revenues of the Crown in Ireland, and such Possessions and Revenues shall from thenceforth be subject and liable to the Repayment of the said Capital Sum so to be advanced, and to the Payment of Interest for the same, or for so much of the said Principal Sum as shall from time to time remain unpaid, after the Rate of [here insert the Rate of Interest agreed to be given], per Centum per Annum, to be computed from the Time the same shall be so advanced, and to be paid, without any Deduction, by Halfyearly Payments, on the

Day of

Day of

and the in every Year, until the whole of the said Principal Sum, and Interest thereon, shall be fully paid and discharged. Given under our Hands and Seals this

thousand eight hundred and

RECEIVED the

Day of

Form of Receipt to Mortgagees.

Day of

One thousand eight hundred and

One

of and

of lawful

from A. B. the Sum of Money of Great Britain, being the Sum to be paid into the Bank of England pursuant to the above Certificate, and which Sum is placed to the Account of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, being [here describe the Account to which the same is to be carried].

Witness my Hand,

For the Governor and Company of the Bank of England, (Signed)

Form of Transfer of Mortgage.

Day of

Cashier.

A. B. [or We ] being entitled to the Sum of by virtue of a Certificate bearing Date the under the Hands and Seals of Two of the Commissioners of His Majesty's Woods, Forests, and Land Revenues, acting in execution of an Act made in the Seventh and Eighth Years of the Reign of His present Majesty King George the Fourth, intituled [here set forth the Title of this Act], upon the Credit of certain Parts of the Possessions and Land Revenues of the Crown in Ireland, do hereby transfer all my [or our] Right and Interest in and to the same Sum, and all Interest now due and to arise or accrue due thereon, his [or her or their] Executors, Administrators [or Successors], and Assigns. Dated the Day of

unto

and

One thousand eight hundred

CAP.

CA P. LXIX.

-An Act to provide for the Relief of Persons aggrieved by unlawful or excessive Distresses in Ireland. [2d July 1827.]

HEREAS the Expence of suing out and trying Replevins

'cupying small Tenements or Farms, and such Persons may there'fore frequently be subject to Injustice and Oppression;' 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 from and after the passing of Where a Disthis Act, in all Cases where any Distress shall be made in Ireland tress is made for any Rent, Proportion of Rent, or Arrears of Rent, where the for Rent not annual Amount of such Ren t shall not exceed the Sum of Ten exceeding 107. on Complaint Pounds, it shall and may be lawful for any One or more Justice to Justices that or Justices of the Peace in Ireland, within his or their Jurisdiction it is unlawful, or Districts within which the Distress shall have been made, or they may issue the Cattle, Goods, or Chattels shall have been distrained or im- Summons to pounded, or for any Two or more Justices assembled at any Petty plained against, Party comSession or reputed Sessions within such Districts, to take cogni- to show Cause zance of and to examine into any Complaint which shall be made why Replevin against any Person impounding any Cattle or distraining any should not be Goods or Chattels for such Rent, or any Arrears thereof, setting made. forth that when such Distress was taken, that there was either no Rent due, or that there was less Rent due than was claimed by the Person on whose Behalf such Distress was made; and if upon such Examination such Justice or Justices shall be of Opinion that such Complaint is well founded, it shall be lawful for such Justice or Justices to issue his or their Summons, requiring the Party complained against to attend and appear at the next or any subsequent Petty Session to be held in and for such District, at such Time and in such Place within such District as shall for that Purpose be named in such Summons, there to show Cause before the Justices of Peace there assembled, why Replevin and Deliverance of such Distress should not be made to such Complainant by virtue of this Act, and according to the Regulations herein contained.

II. And be it further enacted, That it shall be lawful for the Justices of the Peace (Two at least being present) at any such Petty Sessions at which the Party complained against shall be so summoned to attend and appear, and such Justices are hereby authorized and required (the Service of such Summons having been first satisfactorily proved, and whether the Party complained against shall or shall not attend and appear) to hear such Complaint, and to examine into the Truth of the same, and to enquire into and ascertain the Amount of the Rent or Arrears of Rent actually due, upon the Oath of the Complainant, or any other Person or Persons; and if it shall be made appear to such Justices that either no Rent was due, or that such Distress was taken for a larger Sum than was actually due, it shall and may be lawful for such Justices, and they are hereby required to order the Replevin and Deliverance shall be made of the Cattle, Goods, or Chattels so distrained, to the Person or Persons so

+ Sic.

Justices at Petty Sessions may grant Order for Replevin to be returnable to the next Quarter Sessions.

+ Sic

Justices may adjudge the Payment of a smaller Sum.

Justices shall not make

Order for Re

plevin until

complaining, by the Poundkeeper or other Person in whose Custody the Cattle, Goods, or Chattels so distrained shall be; and such Order or Replevin and Deliverance shall be returnable to the Justices at the next General Quarter Sessions to be holden for the County, Division, City, Town, or Place within which such Distress shall have been taken or made, or such Cattle, Goods, or Chattels shall have been impounded, to be then and there tried and disposed of in manner hereinafter directed; and such Order of Replevin and Deliverance shall be in the Form or to the Effect hereafter specified and set forth.

III. Provided always, and be it enacted, That it shall and may be lawful for such Justices at such Petty Sessions, upon the Hearing of such Case, to adjudge the Payment of any Sum which they may think justly due; and if Payment of such Sum shall not be made accordingly, or shall not be received by the Party on whose Behalf such Distress shall have been made, it shall and may be lawful for such Justices at such Petty Sessions either to grant or to refuse to grant such Order of Replevin or Deliverance, according as they shall think just and fit.

IV. Provided always, and be it enacted, That it shall not be lawful for the Justices at any such Petty Sessions to make any such Order for Replevin and Deliverance of any such Distress, Recognizances unless nor † until the Party complaining shall at such Petty Sessions have entered into Recognizance in Double the Amount of the Rent or Arrears of Rent which may appear to such Justices to be due, with Two sufficient Sureties, conditioned to abide the Decision upon such Case at the next ensuing Quarter Sessions.

and Sureties

are given. + Sic.

Form of Recognizance, and Order of Replevin.

V. And be it further enacted, That every Recognizance to be taken before such Justices of the Peace, before making any Order for the Replevin and Deliverance of any Cattle, Goods, or Chattels distrained, and every Order for Replevin and Deliverance of such Cattle, Goods, or Chattels, which shall be made by such Justices at Petty Sessions, shall be in the Form or to the Effect following respectively; (that is to say,)

"Form of Recognizance.

KNOW all Men by these Presents, That we A. B. Principal,

and C. D. of

and E. F. of Sureties, dó hereby acknowledge ourselves to be held and firmly bound to [G. H. the Person or Persons making the Distress], his [or her] Heirs, Executors, or Administrators, in the Sum of

[being Double the Sum ascertained by the Justices at Petty Sessions to be due], for the true Payment of which we do hereby bind ourselves and each of us, and our and each of our Heirs, Executors, and Administrators. Sealed with our Seals, and ' dated this Day of

The Condition of the above Recognizance is, That if the said A. B. shall appear at the next General Quarter Sessions to be held at [name the Place], and shall then and there abide any Suit to be brought against him by or on Behalf of [I. K. the Person by whom or on whose Behalf the Rent is claimed], for the Sum of [specify the Sum], claimed as Rent or Arrears of Rent • due

due to the said I. K., and if the said A. B. shall well and truly satisfy and pay such Sum of Money and Costs, as shall at such Quarter Sessions be decreed or awarded to be due from the said A. B. to the said I. K., then this Recognizance shall be null and void, otherwise to remain in full Force and Effect in Law.

Taken before us,

L. M.) Justices of

'N. O.

Peace.

A. B. (Seal) Principal.
C.D. (Seal) Sureties.

E. F. (Seal)

'Form of Order for Replevin and Deliverance.

WE, the undersigned L. M. of

of

and N. O.

Justices of the Peace, at a Petty Sessions [or reputed Petty Sessions] held this Day at having duly and carefully examined into the Complaint of A.B. [the Person whose Goods have been distrained for Rent], and being of Opinion that at the Time such Distress was made, that the Sum claimed as Rent or Arrears of Rent from the said A. B. was not justly due; and the said A. B. having ⚫ entered into Recognizance with Two sufficient Sureties in Double the Amount which appears to us to be justly due, conditioned to abide the Trial or Suit to be instituted in such Case at the next General Quarter Sessions to be held at

and fully to satisfy and pay whatever Sum and Costs shall be • awarded and decreed to [I. K. the Person by whom or on whose Behalf the Rent is claimed]; We do hereby order and decree, That Replevin and Deliverance shall be made by you, the • undernamed Poundkeeper, or Keeper of the Cattle [or Goods or Chattels] so distrained, to the said E. F. of the said Cattle [or Goods and Chattels] so distrained; that is to say [here specify the Cattle or Goods or Chattels so distrained]; and for your so doing this shall be your sufficient Authority. Given under our Hands and Seals, this

Day

L. M.)
N. O.

M. }

Justices.'

a

VI. And be it further enacted, That it shall be lawful for the Poundkeeper or other Keeper of any Cattle, Goods, or Chattels so distrained, in whose Custody such Cattle, Goods, or Chattels shall be, such Poundkeeper or other Person being served with Copy of such Order for Replevin and Deliverance as aforesaid, certified by the Signature of One of the Justices under whose Authority such Order shall be made, or by the Clerk of the Petty Sessions, and every such Poundkeeper or other Person as aforesaid is hereby authorized, empowered, and required to deliver up the Cattle, Goods, or Chattels specified in such Order, to the Person or Persons from whom they shall have been distrained as aforesaid.

+ Sic.

Poundkeeper served with a Copy of Order signed by Justice or the

Clerk of Petty Sessions, shall deliver up the Distress.

VII. And be it further enacted, That any and every Pound- Penalty for not keeper or other Person as aforesaid so served with such Copy of delivering such Order certified as aforesaid, who after Tender made to him Cattle, Goods, of his lawful Fees shall neglect or refuse to deliver up such Kk 4

Cattle

or Chattels,

Justices shall

lodge original Recognizances with Clerk of

the Peace Three Days before the

Quarter Sessions.

Validity of such Orders of Replevin shall be tried by Assistant Barrister,

at Sessions, as

Cases of Replevin.

+ Sic.

Assistant Barrister may

Cattle, Goods, or Chattels to the Person or Persons from whom they shall have been distrained as aforesaid, shall forfeit and pay a Sum not exceeding the Sum of Ten Shillings for every Twenty four Hours during which such Poundkeeper or other Person shall detain such Cattle, Goods, or Chattels in his Custody, after he shall have received such Copy of such Order of Replevin as aforesaid; and it shall be lawful for the Magistrates by whom such Order was made at the Petty Sessions aforesaid to issue their Warrant to levy such Penalty, and to pay the same to the Person aggrieved by the Detention of such Cattle, Goods, or Chattels as aforesaid.

VIII. And be it further enacted, That the Justices of the Peace making any such Order as aforesaid shall lodge and deliver, or cause or direct to be lodged and delivered, any and every original Recognizance, and any and every original Order for Replevin and Deliverance, which shall be taken before and shall be made by such Justices in the Execution of this Act, to the Clerk of the Peace or acting Clerk of the Peace for the County, District, City, Town, or Place where such Quarter Sessions shall be holden, Three Days (if practicable) previous to the First Day of such Quarter Sessions, or the Adjournment thereof, next after the making of any and every such Order respectively, but so that there shall be at least Two clear Days between the Delivery of every such Recognizance and Order to the Clerk of the Peace and the First Day of such Quarter Sessions or Adjournment; and such Clerk of the Peace shall keep and dispose of all such Recognizances and Orders under the Direction and Regulation of the Assistant Barrister there presiding for the Furtherance of Justice. IX. And be it further enacted, That the Validity and Effect of all such Orders of Replevin and Deliverance of Distress as shall be made pursuant to the Directions of this Act shall be tried and determined by and before the Assistant Barrister, or acting Assistant Barrister, or Chairman presiding at such Quarter Sessions, and he is hereby authorized and required to examine into and ascertain the Question whether any how and† much Rent was due (at the Time of such Distress having been made), in a summary Manner, in the Nature of a Civil Bill, upon the Application of either of the Parties concerned, whether the other Party shall attend or not; and on such Trial, the Party on whose Behalf any such Order of Replevin shall have been made shall be taken and considered in the Nature of a Plaintiff in Replevin, and the Party on whose Behalf such Distress was made shall be taken and considered in the Nature of a Defendant or Avowant in Replevin; and such Assistant Barrister or Chairman shall have such Jurisdiction, and such Power of summoning Witnesses, and of compelling their Attendance, as are or may by Law be given to or vested in such Assistant Barrister or Chairman in and for the Trial of Actions by Civil Bill, or of Ejectments, under any Act or Acts in force in Ireland; any Law, Usage, or Custom to the contrary in anywise notwithstanding.

X. And be it further enacted, That it shall be lawful for such Assistant Barrister or Chairman, and he is hereby authorized, give Judgment empowered, and required, upon any Trial or Determination in Rent due and respect of any such Order for Replevin and Deliverance, to make,

and Decree for

Costs.

sign,