Recovery of Tenements, etc. (Ireland) Act 1818

JurisdictionUK Non-devolved
Citation1818 c. 39
Year1818
Anno Regni GEORGE III. Britanniarum Regis, Quinquagesimo Octavo. An Act to explain and amend an Act passed in the Fifty sixth Year of the Reign of His present Majesty, for amending the Law ofIreland respecting the Recovery of Tenements from absconding, overholding, and defaulting Tenants, and for the Protection of the Tenant from undue Distress.

(58 Geo. 3) C A P. XXXIX.

[28th May 1818]

'WHEREAS an Act passed in the Fifty sixth Year of the Reign of His present Majesty, intituled Irelandrespecting the Recovery of Tenements from absconding, overholding and defaulting Tenants, and for the Protection of the Tenant from undue Distress: And Whereas Doubts have arisen whether a Tenement which has been held by a Tenant at the precise Rent of Twenty Pounds by the Year is within the Provisions of the said Act;' For Removal thereof, be it 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 Parliamentassembled, and by the Authority of the same, That in all Cases where any Tenement shall have been held at a Rent of Twenty Pounds by the Year, it shall be lawful to proceed respecting the said Tenement in the same manner as by the said Act is provided with respect to any Tenement which shall have been held at a less Rent than Twenty Pounds by the Year.

S-II Proceedings by way of Civil Bill valid in Cases underthe said Act.

II Proceedings by way of Civil Bill valid in Cases underthe said Act.

II. 'And Whereas it hath been usual in Proceedings by Way of Civil Bill to insert the Civil Bill in the Process served upon the Defendant, but it hath been doubted whether it is not necessary in Proceedings under the said Act to file the Civil Bill with the Clerk of the Peace previous to serving Process upon the Defendant: And Whereas it is reasonable that the Proceedings by Way of Civil Bill under the said Act should be conformable, as nearly as possible, to Proceedings by Way of Civil Bill in other Cases;' Be it therefore further enacted, That in all Cases falling within the Provisions of the said Act, the Service of the Civil Bill and Process thereon, in such Forms as are contained in the Schedule to this Act annexed, or in any other Forms to the like Effect shall be as valid and effectual, to all Intents and Purposes, as the Service of any Civil Bill and Process thereupon now by Law is in any other Proceeding by Way of Civil Bill.

S-III Affidavits of Landlords or their Agents admissible.

III Affidavits of Landlords or their Agents admissible.

III. 'And Whereas in Proceedings under the said Act for the Recovery of the Possession of Lands or Tenements, Doubts have arisen as to the Admissibility or Sufficiency in certain Cases of the Affidavit of the Landlord or Lessor or his Agent, for ascertaining the Amount of Rent due;' For Removal thereof, be it enacted, That in all Proceedings under the said Act, such Affidavit shall be as admissible, and to all Intents and Purposes of the like Force and Efficacy, as it would have been if the Proceeding had been by Action of Ejectment.

S-IV Attendance of Witnesses.

IV Attendance of Witnesses.

IV. 'And Whereas it is reasonable that in Proceedings for the Recovery of the Possession of Lands or Tenements under the Provisions of the said Act, the Power of enforcing the Attendance of Witnesses, whether on the Part of the Plaintiff or Defendant, should be the same as if the Proceeding had been by Action of Ejectment;' Be it therefore enacted, That in all such Proceedings as aforesaid, the Processad Testificandum , signed by the Clerk of the Peace, shall contain the same Penalty, and be of the same Efficacy, for the Purpose of compelling the Attendance of any Witness, whether such Witness shall reside within the County or not, as any Subpoena ad Testificandum which might or could be sued out if the Proceeding had been by Action of Ejectment.

S-V Assistant Barrister, or Chairman of Sessions, &c.being a Landlord in his own Jurisdiction, may proceed by way of Civil Billbefore Judge of Assize.

V Assistant Barrister, or Chairman of Sessions, &c.being a Landlord in his own Jurisdiction, may proceed by way of Civil Billbefore Judge of Assize.

V. 'And Whereas it is reasonable, in Cases where it may happen that the Assistant Barrister of any County, or the Chairman of the Session of the Peace of the County ofDublin , or the Recorder of the County of the City of Dublin , is the Landlord or Lessor of any Tenement within his own Jurisdiction, that Provision should be made for extending to such Landlord or Lessor the Benefits of the said Act;' Be it therefore enacted, That in every such Case it shall and may be lawful for such Landlord or Lessor to proceed by Way of Civil Bill respecting such Tenement, before any Judge of Assize who shall preside in the Civil Court of the County wherein such Tenement is situate, in the same manner as any other Lessor or Landlord might proceed, respecting any other Tenement, before such Assistant Barrister, Chairman or Recorder, as the Case may be.

S-VI

VI. And be it further enacted, That an Appeal shall lie from any Decree of such Judge, upon such Civil Bill, to the next going Judge of Assize, in the same manner, and subject to the same Restrictions, Conditionsand Limitations, as it the Decree had been pronounced by an Assistant Barrister.

S-VII Fees to be taken by Assistant Barrister, &c.

VII Fees to be taken by Assistant Barrister, &c.

VII. 'And Whereas the Trouble of the Assistant Barristers, Chairman of the Sessions of the Peace, and Recorder, and of the Clerks of the Peace, and of the Attornies of the Parties, is much greater in Proceedings for the Recovery of the Possession of Lands and Tenements under the Provisions of the said Act, than in Cases of other Civil Bills; and it is reasonable that the Fees of the said Persons upon such Proceedings should be increased;' Be it therefore further enacted, That the several Fees and Sums following, and no greater Sums, shall be charged and taken from any Person suing or being sued upon any Civil Bill brought for the Recovery of the Possession of any Lands or Tenements:

s. d.

To the Assistant Barrister, Chairman or Recorder, upon the Entry of the Civil Bill

5

Upon every Affidavit

6
1
2

Upon every Recognizance and Bail taken on an Appeal

1 1

For signing a Renewal

6
1
2

For signing a Decree or Dismiss

5

But no Charge to be made on the Second Copy thereof.

For every Bill of Costs, where the same is actually taxed by him between Attorney and Client

2 6

To the Clerk of the Peace entering the Cause

6
1
2

For signing, entering and recording every Decree or Dismiss

1 1

For signing and entering every Renewal

4

For entering the Verdict of a Jury

6

For the Recognizance of Bail and Certificate of Appeal lodged

6

To the Plaintiff's Attorney, in lieu of all other Charges for taking Instructions, drawing the Process, drawing Affidavit to verify entering the Cause, preparing for and attending the hearing and drawing up the Decree

1 2 9

To the Plaintiff's Attorney, for attending, drawing and obtaining the Magistrate's Certificate, where the Proceeding is for Recovery of Lands or Premises abandoned

10

To the Defendant's Attorney, in lieu of all other Charges, for taking Instructions, preparing for and attending the hearing and drawing up the Dismiss, if the same shall be necessary

1 2 9

To the Attorney, for drawing or filling every Renewal, and drawing or filling up the Affidavit to obtain such Renewal

6
1
2

To the Sheriff for returning a Jury

1

For every Special Warrant granted at the Peril of the Party requiring the same

1

To any Witness attending on behalf of either Party, provided such Witness shall have been brought by Process ad Testificandum from some Place not within the District where such Trial shall be held, such Viaticum as shall appear to the Court to be reasonable: Provided always, that it shall be lawful for any Attorney to charge to any Client the Expences of employing Counsel in case such Attorney shall have received written Directions for that Purpose from such Client; no Charge however for such Purpose to be allowed on the Taxation of Costs between Party and Party.

S-VIII No Sum to be allowed for Searches, unless orderedin Writing.

VIII No Sum to be allowed for Searches, unless orderedin Writing.

VIII. And be it further enacted, That no Sum shall be allowed to the Plaintiff's Attorney, for any Searches for Incumbrances affecting the Lands and Tenements, unless be shall have received Directions in Writing, from the Plaintiff or his Land Agent, authorizing him to make the same.

S-IX Assistant Barristers, &c. to tax Costs of Suit.

IX Assistant Barristers, &c. to tax Costs of Suit.

IX. And be it further enacted, That it shall and may be lawful for the Assistant Barrister, Chairman or Recorder, as the case may be, and he is hereby required, on the Request of either Party or his Attorney, to tax the Costs between Party and Party, and to include the same in the Decree or Dismiss, as the case may be; and further, on the like Request, to tax Costs between Attorney and Client, upon any Proceedings that shall have been taken or may hereafter be taken for the Recoveryof the Possession of Lands or Tenements under the Provisions of the said recited Act or this Act, receiving for each such Taxation the Sum of Two Shillings and Sixpence and no more; and that no Clerk of the Peace shall have any Power to tax the same; and that no Attorney...

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