Remedy for obtaining Arrears

of Rent.

Thirty Days' Notice where Procefs is directed to be ferved.

How Process

fhall be fixed in Extra Parochial

Places.

What the Civil

titled, tender the Rent and Cofts for the Purpose of redeeming the faid Premises; and that in all cafes where he or they would have been entitled under the existing Laws to be reftored to the Poffeffion of fuch Premiles, under a Decree of a Court of Equity, if deprived of Poffeffion by Ejectment for Non Payment of Rent, he and they may hereafter be restored to the fame by a Decree of the Affiftant Barrifter, Chairman of the Seffions of the Peace, or the Recorder, as the cafe may be, on a Bill preferred for that Purpose, and due Proof made of their being respectively entitled thereto; any thing in this A& contained to the contrary notwithstanding.

IV. And be it further enacted, That every Leffor or Landlord recovering Poffeffion by fuch Decree as aforefaid, fhall and may have the fame and like Remedy for all Arrears of Rent to the time of Execution of the faid Decree, as fuch Leffor or Landlord might have had if Poffeffion had been obtained under fuch Decree.

V. And be it further enacted, That in all cafes where any Procefs upon any Civil Bill is by this Act directed to be served upon any Perfon or to be affixed upon fome notorious Part of the Premifes in queftion, or on the Door of the Parish Church where the fame fhall be in repair, or on the Door of the Roman Catholic Chapel in any Parish, the faid Process shall be so served or affixed Thirty clear Days at the leaft previous to the Day therein named for hearing and determining upon fuch Civil Bill.

VI. And be it further enacted, That if any Tenement or any Part of any Tenement for which any Proceeding by Civil Bill shall be had under the Authority of this Act, fhall be in any Extra Parochial Place, and there fhall be any Chapel or Place of Public Worship in fuch Extra Parochial Place, all Procefs 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, fhall be fixed on the Door of fuch Chapel or Place of Worship in fuch Extra Parochial Place; and if there fhall be none fuch, then the Judge, before whom fuch Proceeding by Civil Bill fhall be, fhall direct in what manner fuch Procefs or Copies fhall be fixed in fuch Extra Parochial Place for the Purposes of this Act.

VII. And be it further enacted, That in all cases in which fuch Bill shall specify. Proceeding by Civil Bill is authorized by this Act, the Civil Bill fhall specify the Names of the Landlord or Leffor, and Tenant or Tenants refpectively, the Nature of the Tenancy, the Defcription of the Premises, and the Baronies or Parishes wherein the fame fhall be refpectively fituated, and the Rent at which the fame fhall be then or had been last holden; and also in cafes where the Proceeding fhall be grounded on Defertion, the Fact of Desertion by the Tenant, and the Amount of Rent due after all fair and juft Allowances, and the Infufficiency of Distress to countervail the fame; and in cafes where the Proceeding fhall be grounded on the Tenancy having determined the Fact of the Determination of fuch Tenancy, and the Means by which the fame fhall have been determined, and Refusal to deliver up Poffeffion, and in cafes where the Proceeding fhall be grounded on Nonpayment of Rent, the Amount of the Rent due after all fair and juft Allowances, and when due; and the Truth of the Contents of the faid Civil Bill fhall be verified by the Affidavit of the Landlord or Leffor, his known Agent or Receiver, the faid Affidavit to

remain in the Cuftody of the Clerk of the Peace of the County in which fuch Bill shall be filed.

Clerk of Peace

to enter and

make public all Decrees made at

any Seffions of the Peace, specifying Names of Plaintiffs and Defendants, and miles recovered.

Lands and Pre

VIII. And be it further enacted, That the Clerk of the Peace of the County fhall enter in a Book to be kept for that Purpose all Decrees in the cafes hereinbefore mentioned which fhall be made at any Seffions of the Peace for fuch County, and which Entries shall fpecify the Names of the Plaintiffs and Defendants, and the Tenements recovered, as the fame shall be specified in the Civil Bills concerning the fame respectively; which Book every Perfon fhall have liberty to infpect and examine, paying to the Clerk of the Peace for fuch Infpection and Examination the Fee of One Shilling and Eight pence; and that the faid Clerk of the Peace, immediately after the Clofe of each Seffions of the Peace, fhall poft on the Door of the Court House where fuch Seffions were held, a correct List of such Causes in which any Tenements fhall have been recovered at fuch Seffions under this Act, which Lift shall specify the Parties' Names, and the Description of the Tenements, as fet forth in the Civil Bill upon which the fame fhall have been recovered, upon pain of forfeiting for every fuch Omiffion the Sum of One hundred Pounds, to Penalty. be recovered by Action of Debt by any Perfon fuing for the fame : Provided always, that the faid Clause, with respect to fuch entering or posting, fhall be confidered as directory to the Clerk of the Peace, and that the Omiffion to make fuch Entry or Pofting fhall not invalidate or in any ways affect any Decree or Recovery of the Poffeffion of any Lands or Premises.

make Defence.

Appeal..

IX. And be it further enacted, That every Defendant who fhall Defendants on think proper to appear on the Trial of fuch Civil Bill, in any of hearing of Civil the cafes hereinbefore mentioned, fhall be entitled, on the Hearing Bill, entitled to of fuch Civil Bill, to every Defence which he may have either in Law or Equity, and also fhall have all and every the fame Rights of Appeal, under the fame Restrictions, Conditions and Limitations as in other cafes of Decrees on Civil Bills made by any Affiftant Barrister, Chairman of the Seffions of the Peace or Recorder, as the cafe may be: Provided however, that Execution fhall not be Execution not ftayed by reafon of fuch Appeal, unless the Tenant fhall depofit ftayed. with the Clerk of the Peace the Amount of Rent proved to be due on hearing of fuch Civil Bill.

grant Warrant to special Bailiff, for Execution of Decrees, &c.

X. And be it further enacted, That for the Execution of the faid Sheriff may Decrees, it shall and may be lawful for the Sheriff to grant his Warrant to a Special Bailiff, at the Plaintiff's Nomination, in like manner as for the Execution of any other Decrees of the faid Affiftant Barrifter, Chairman of the Seffions of the Peace or Recorder, as the cafe may be; and that it shall and may be lawful for fuch Special Bailiff to whom fuch Warrant fhall be granted, together with his Affiftants, to execute the fame by delivering the Poffeffion of the Lands or Premises therein named to the Landlord to whom the fame shall be decreed, or to any Perfon appointed by the faid Landlord to receive the Poffeffion on his behalf; and that neither the faid Sheriff, nor the faid Affiftant Barrifter, nor the Clerk of the Peace, nor any other Perfon, fhall demand, receive or have, for or on account of the faid Proceedings, any greater or other Fees than fuch as are Fees. authorized upon the Execution of Decrees on Civil Bills, by an A& paffed in the Parliament of Ireland in the Thirty fixth Year of the 36 G. 3. (I.) Reign of His prefent Majefty, intituled An AB for the better and

Hh3

more

Attorney may make charge.

Where Tenement in queftion fituate in Two Counties Proceedings to be in One of them, &c.

Affiftant Barrifter to fign

Two Copies of every Decree made in purfuance of this Act.

No greater Fee
to be demanded
for Registry of

Decree, than for
Registry of
Deed.

more convenient Adminiftration of Juftice, and for the Recovery of Small Debts in a fummary Way at the Seffions of the Peace of the fe veral Counties at large within this Kingdom, except the County of Dublin; and fo continuing and amending an A&, intituled An Aa 'for the better Execution of the Law and Prefervation of the Peace within Counties at large;' fave only that it shall and may be lawful for any Attorney employed upon the Trial of any Civil Bill which fhall be tried under the Provifions of this Act, relative to the Paffeffion of Lands and Premifes, to charge and take from the Party by whom he shall be employed the Sum of Twenty Shillings, in addition to the Sums which he is now by Law entitled to charge for his Attendance on the Hearing of any other Civil Bill; and that the fame shall be taxed against the unsuccessful Party in cafe he shall have appeared at the Trial of fuch Civil Bill.

XI. Provided always, and be it further enacted, That if any Te. nement touching which any Proceeding by Civil Bill shall be had in purfuance of this Act, fhall be fituate in Two or more Counties, fuch Proceeding fhall be in any one of fuch Counties; and the Sheriffs of the refpective Counties in which any Part of fuch Tene ment shall be, and in which fuch Proceeding fhall not be had, fhall execute fuch Decree as fhall be made on fuch Civil Bill, upon De livery to him of a Copy thereof figned by the Judge who fhall have made fuch Decree, with a Warrant for Execution thereupon figned by the Affiftant Barrifter, Chairman of the Quarter Seffion, or Re corder, as the cafe may be, acting for the County in which fuch Decree fhall be required to be executed.

XII. And be it further enacted, That in all cafes except where the Proceeding fhall be grounded on Non Payment of Rent, the Affiftant Barrister, Chairman of the Seffions of the Peace, or Re corder, as the cafe may be, fhall fign Two Copies of every Decree which fhall be made in pursuance of this Act, and also a Memorial Memorial thereof, for the Purpofe of Registry in manner hereinafter mentioned, and that his affixing his Signature to one of the faid Copies fhall be witnessed by fome Perfon present at the time of fuch Signature; and that it shall and may be lawful for the Landlord or Leffor, if he thinks proper, at any time between the Termination of the Affizes for the County then next enfuing, and the Commencement of the Affizes thereafter next following, to register One Copy of the faid Decree in the Office for the Registry of Deeds and Wills in Ireland, by lodging a Memorial and proving the Perfection of the fame in like manner as is now provided by Law for the registering of Deeds; and that from and after the Registry of the faid Decree, it fhall have the further Effect of a Conveyance to the faid Landlord or Leffor of any Intereft which the Tenant, or any Perfon claiming under him, may or might have in and to the faid Lands and Premises, freed and discharged from all Leafes, Contracts, Mortgages, Debts, Charges or Incumbrances, which the said Tenant, or any Perfon claiming under him, may have charged, made or created thereon.

XIII. And be it further enacted, That if any Perfon in the faid Office for the Registry of Deeds in Ireland fhall demand or take any greater Fee, Gratuity or Sum of Money, for or on occafion of the Regiftry of any of the faid Decrees, than he is now by Law entitled to for the Registry of a Deed, he shall forfeit the Sum of

One

One hundred Pounds for every fuch Offence, to be recovered in an
Action of Debt by any Perfon fuing for the fame.

• XIV. And Whereas by an Act paffed in the Parliament of Ire- 11 Ann. (1.) • land in the Eleventh Year of the Reign of Her late Majesty Queen "Anne, intituled An Ad for the more effectual preventing of Frauds committed by Tenants, it is provided, that no Proceedings by virtue ⚫ of fuch Act for Breach of any Condition, fhall prejudice the Right or Title of any Infant, Feme Covert, Perfon being non compos mentis, or being out of His Majefty's Dominions; and by an Act paffed in the Fourth Year of the Reign of His Majefty King 4G. 1. (1.) George the First, to explain and amend the faid former Act, it is

⚫ provided, that the faid A&t of the Fourth Year of King George the Firft fhall not extend to defeat the Eftate, Right or Title of Infants, Femes Covert, or Perfons of nonfane Memory; and Acts were paffed in the Eighth Year of His faid Majefty King George 8 G. 1. (I.) the First, and in the Fifth and Twenty-fifth Years of His late 5 G. 2. (1) Majefty King George the Second, for further explaining and 25 G. 2. (1.) • amending the faid former Acts: And Whereas fuch Provisions have ' produced great Injuftice to Landlords, in fome Inftances, by preventing the Enforcement of the Payment of Rent juftly due to them, and in others by obliging them, after getting into Poffeffion of Lands and Premifes by Ejectment for Non Payment of Rent, 'to account for Mefne Profits for a great length of time;' Be it therefore further enacted, That the faid Provifions in the faid A&s of Parliament, fo far as relate to faving the Rights of Infants, Femes Covert, Perfons being non compos mentis, or infane, or out of His Majefty's Dominions, be and the fame are hereby repealed.

in part repealed.

§ 8.

XV. And Whereas by a Law paffed in the Parliament of Great 'Britain, in the Eleventh Year of the Reign of His late Majefty 11 G. 2. c. 19. King George the Second, intituled An Ad for the more effectual fe 'curing the Payment of Rents, and preventing Frauds by Tenants, it is amongst other things enacted, that it fhall and may be lawful to and for every Leffor or Landlord, Leffers or Landlords, or his, her or their Steward, Bailiff, Receiver or other Perfon or Perfons empowered by him, her or them, to take and feize as a Diftrefs for Arrears of Rent, all Sorts of Corn and Grafs, Hops, Roots, Fruits, Pulfe or other Product whatsoever, which shall be growing on any Part of the Eftates fo demised or holden, as a Diftrefs for 'Arrears of Rent, and the fame to make, cut, gather, cure, carry ' and lay up when ripe, in the Barns or other proper Place on the 'Premifes fo demifed or holden; and in cafe there fhould be no Barns or proper Place on the Premises so demifed or holden, then ' in any other Barn or proper Place which fuch Leffor or Landlord, Leffors or Landlords, fhall have or otherwife procure for that Pur 'pofe, and as near as may be to the Premises, in convenient time to appraise, fell or otherwise difpofe of the fame, towards Satisfaction of the Rent for which fuch Distress shall have been taken, and of 'the Charges of fuch Diftrefs, Appraisement and Sale, in the fame manner as other Goods and Chattels may be feized, diftrained and difpofed of; and the Appraisement thereof to be taken when cut, 'gathered, cured and made, and not before: And Whereas no fuch • Provifion exifts in the Law of Ireland, and it is reasonable that the 'Remedies of Landlords in Ireland fhould in this Respect be as ex'tenfive as they are in England; Be it therefore further enacted,

Hh 4

That

Landlords, &c. empowered to

for Arrears of

Rent.

That from and after the First Day of July next, it fhall and may be lawful to and for every Leffor or Landlord in that Part of the feize Corn, &e. United Kingdom of Great Britain and Ireland called Ireland, or his, her or their Steward, Bailiff, Receiver or other Perfon or Perfons empowered by him, her or them, to take and feize, as a Distress for Arrears of Rent, all Sorts of Corn and Grafs, Hops, Roots, Fruit, Pulse or other Product whatsoever, which shall be growing on any Part of the Eftates fo demifed or holden, as a Diftrefs for Arrears of Rent; and the fame to cut, gather, make, cure, carry and lay up, when ripe, in the Barns or other proper Place on the Premises fo demifed or holden; and in case there fhall be no Barn or proper Place on the Premifes fo demifed or holden, then in any other Barns or proper Place which fuch Leffor or Landlord, Leffors or Landlords, fhall hire or otherwife procure for that Purpose, and as near as may be to the Premises, and difpofe of the fame towards Satisfaction of the Rent for which fuch Diftrefs fhall have been taken, and of the Charges of fuch Distress and Sale, in the fame manner as any other Goods and Chattels diftrained for Non Payment of Rent.

How Tenant

fhall proceed in

cafes of Diftrefs by the Head Landlord, where Rent fhall have been paid to his

immediate Landlord, and how and what Cofts and Damages thall be recovered.

XVI. And Whereas it is fit and juft that Provision should be made for fecuring the occupying Tenant as far as may be against being called upon for Payment more than Once of the Rent referved and made payable to his immediate Landlord or Leffor out of the Land which he occupies, in consequence of fuperior Landlords diftraining for the Rents due to them refpectively;' For Remedy thereof, be it enacted, That in all cafes where the entire Rent due and payable from the occupying Tenant to his immediate Landlord or Landlords, Leffor or Leffors, fhall have been paid, or in any manner fatisfied, if, in confequence of the Fraud, Malfeifance or Neglect of fuch Landlord or Landlords to pay and fatisfy the Rent due and owing to any fuperior Landlord or Landlords, the Lands in the Hands of fuch occupying Tenant fhall be diftrained for any fuch Rent, then it fhall be lawful for fuch occupying Tenant to proceed against fuch his immediate Landlord (through whofe Default or Neglect to make fuch Payments the Lands in the Poffeffion of fuch occupying Tenant shall have been diftrained), or fuch occupying Tenant fhall have been compelled to pay any Sum of Money to any fuch fuperior Landlord, to avoid a Distress for Rent due to fuch fuperior Landlord, to recover the Amount of Cofts and Damages by him fuftained thereby, by Civil Bill before the Recorder of the City of Dublin, if the Lands fhall be in the County of the faid City, or the Chairman of the Seffions of the Peace for the County of Dublin, if the Lands fhall be in the faid County, or before the Affiftant Barrifter, at the Quarter Seffions of any other County where fuch Lands fhall be, in all cafes where the fame fhall not exceed Fifty Pounds; and that the Amount of fuch Cofts and Damages, when afcertained by the Decree of fuch Recorder, Chairman of the Quarter Seffions or Affiftant Barrifter, as the cafe may be, and the Amount of any Cofts and Damages which may be afcertained by the Judgment of any fuperior Court, upon any Action which may be brought for that Purpose, may be tendered by the occupying Tenant, or his or their Reprefentatives, in Payment of fo much of the fubfequently growing and accruing Rent as fhall thereafter become due and payable, to fuch his immediate Landlord, and fhall be accepted by fuch Landlord in Payment of the fame, or shall be recovered by Procefs

of