Recovery of Tenements, etc. (Ireland) Act 1816
| Jurisdiction | UK Non-devolved |
| Citation | 1816 c. 88 |
(56 Geo. 3) C A P. LXXXVIII.
[26th June 1816]
'WHEREAS Landlords inIreland are often Sufferers by Tenants running away in Arrear, and deserting Tenements demised or agreed to be demised to them; and also by Tenants, after the Expiration of their Terms or Interests, refusing to deliver up the Possession of the Tenements demised or agreed to be demised; and also by Tenants suffering large Arrears of Rent to accrue during the Continuance of their Terms; in all which cases the Landlords or Lessors are obliged to resort to an Ejectment for the Recovery of Possession, the Expence of which in many cases exceeds the Value of the Tenement: And Whereas it is just and reasonable to provide a less expensive Mode for the Recovery of the Possession of Tenements so abandoned by Tenants, and of Tenements of small Value, when the same are held by Tenants against their Landlords, after the Determination of their Terms or Interests; and also in cases of the Tenants of Tenements of small Value suffering Arrears of Rent to accrue during the Continuance of their Terms: And Whereas Causes tried in the Way of Civil Bills before the Chairman of the Session of the Peace for the County of Dublin , and Recorder of the City of Dublin for the County of the City of Dublin , and the Assistant Barristers of the other Counties inIreland , are determined with more Expedition and less Expence than any Proceeding for the Redress of the Evils aforesaid which the Law nosy allows the Landlord to take; and it is expedient to extend the Jurisdiction of such Assistant Barristers, and of the Chairman of the Session of the Peace in the County of Dublin , and of the Recorder in the County of the City of Dublin , to the said cases;' 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, Thatfrom and after the First Day ofJuly next, if any Tenant holding any Tenement in that Part of the United Kingdom called Ireland , who shall be in Arrear for One Half Year's Rent, shall desert the Tenement demised to him, or leave the same uncultivated, or carry off the Stock and Crop, or otherwise abandon the same; so as no sufficient Distress may be had to countervail the Arrears of Rent then due for the same, it shall be lawful for the Landlord or Lessor of the Tenement so deserted or left unoccupied or uncultivated, to proceed by way of Civil Bill before the Recorder of the City of Dublin if the Tenement shall be in the County of the City of Dublin , or before the Chairman of the Session of the Peace for the County of Dublin if the Tenement shall be in the said County, and before the Assistant Barrister of any other County if the Tenement shall be in such County, to obtain Possession of the Tenement so deserted or lest unoccupied; and thereupon it shall and may be lawful for Two or more Justices of the Peace of the County in which such Tenement shall be, having no Interest in the demised Premises, at the Request of such Landlord or Lessor, his Bailiff or Receiver, to go upon and view the same, between the Hoursof Ten of the Clock in the Forenoon and Four of the Clock in the Afternoon, and having fully ascertained to their Satisfaction, by Examination of Witnesses or by their own View, that the Premises are so deserted by the Tenant, or left so unoccupied as aforesaid, and without sufficient Distressto countervail the Arrears of Rent then due, to certify to the Assistant Barrister, Chairman of the Sessions of the Peace, or Recorder, before whom such Proceeding by Civil Bill shall be, under the Handsand Seals of such Justices, that they have together viewed the Premises in question, fully describing the same, and that the same appeared to them deserted or unoccupied, and without any Distress thereon sufficient to countervail the Arrear of Rent ascertained by Affidavit of the Landlord or Lessor, his Bailiff or Receiver, to be due thereon, after all fair and just Allowances; which Certificate, when proved to have been duly executed, shall be sufficient and conclusive Evidence of the Facts therein contained, unless the same shall be disproved by contrary Evidence, to the Satisfaction of the Judge before whom the case shall come, upon such CivilBill as aforesaid, or Appeal from such Civil Bill; and it shall and may be lawful for the said Landlord, after obtaining from the said Justices the said Certificate, to serve a Process on such Civil Bill, together with a Copy of such Certificate on the Tenant against whom such Proceeding shall be had if such Tenant can be found; and if not, to affix such Process, and a Copy of such Certificate, upon some notorious Part of the said Tenement, and also upon the Door of the Parish Church, if the same shall be in Repair, and also upon the Door of the Roman Catholic Chapel, if any within the Parish, summoning the Tenant or Tenants who may have so deserted the Premises personally to appear before the Assistant Barrister, or before the Chairman of the Sessions of the Peace, or the Recorder, as the case may be, on a Day certain, at a Quarter Sessions to be held for the Division of the County in which the Premises or any Part of them shall be, or at a Court to be held before the Recorder, for the hearing and determining of Civil Bills in cases where the Premises shall be situate within the County of the City ofDublin , to answer the said Bill of the said Landlord or Lessor; and that it shall be lawful for the said Assistant Barrister, Chairman of the Session of the Peace, or Recorder, as the case may be, upon such CivilBill, and upon Proof of such Certificate by any Person who may have witnessed the Execution of the same, and upon Proof that at least One Half Year's Rent was due to such Landlord or Lessor, for the Premises when such Proceeding was commenced; and that the Process on such Civil Bill, and a Copy of such Certificate were served as aforesaid, or that the Tenant could not be found, so that the same could be served, and then upon Proof that such Process and a Copy of such Certificate had been duly affixed upon the several Places before mentioned, pursuant to this Act; and upon hearing the Tenant, in case such Tenant shall appear, and such Evidence as shall be offered on behalf of such Tenant, if any shall be offered, and duly considering the same, to decree the said Landlord or Lessor to be put into Possession of the Premises.
II If Delivery of Possession of Premises held by Tenant at a less Rent than 20 l. per Annum be withheld after legal Notice,
II. And be it further enacted, That in all cases where any Tenement shall have been held by any Tenant at a less Rent than Twenty Poundsper Annum , and the Tenant's Interest in the same shall have determined, and after Demand made by the Landlord or Lessor, his Bailiff or Receiver, a Delivery of Possession of the same shall be withheld, it shall and may be lawful for the said Landlord or Lessor to proceed by Civil Bill against such Tenant, and the said Tenant, and such other Person, if any, as shall be in the actual Possession of the Premises; and thereupon to serve such Tenant, and such other Persons as aforesaid, with Process on such Civil Bill, if such Service and be effected, and if it shall be proved to the Satisfaction of the Judge before whom the case shall come, that such Service cannot be effected, or in case there be not any Person in actual Possession of the Premises, to affix upon some notorious Part of the Premises, and upon the Door of the Parish Church, if the same shall be in Repair, and also upon, the Door of the Roman Catholic Chapel, if any shall be in the Parish; by which Process all Persons claiming to have any Interest in the Premises shall be required to appear before the Assistant Barrister, Chairman of the Sessions of the Peace, or Recorder, as the case may be, on a Day certain, at a Quarter Sessions for the Division of the County in which the Premises or any Part thereof shall be situate, or at a Court to be held before the Recorder for the hearing and determining of Civil Bills, in cases where the Premises are situate within the County of the City of Dublin , to answer the Bill of the said Landlordor Lessor praying to be put into Possession thereof; and it shall and may be lawful for the said Assistant Barrister, Chairman of the Sessions of the Peace, or Recorder, as the case may be, upon such Civil Bill, and upon Proof of such Service as aforesaid, or, in case of Impossibility or unreasonable Difficulty of Service, to be ascertained in manner hereinbefore provided, or in case there shall be no Person in Possession of the Premises, upon Proof of affixing of the said Process as hereinbefore required, and that the Premises had been held by the Tenant against whom such...
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