Civil Bill Courts (Ireland) Act 1836
(6 & 7 Will. 4) C A P. LXXV.
[13th August 1836]
'WHEREAS Proceedings by Civil Bill, under and by virtue of an Act passed in the Parliament ofIreland in the Thirty-sixth Year of the Reign of His Majesty King George the Third, for the better and more convenient Administration of Justice, and for the Recovery of Small Debts in a summary Way at the Sessions of the Peace of the several Counties at large within Ireland (except the County of Dublin ), and the several Acts in force in Ireland amending and extending the Provisions of the said Act, have been found very beneficial, and it is expedient to enlarge the present Jurisdiction of the Civil Bill Courts in Ireland :' 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 Authorityof the same, That from and after the Commencement of this Act the respective Assistant Barristers inIreland shall and they are hereby authorized and empowered to hear and determine, within their respective Jurisdictions, all Disputes and Differences between Party and Party for any Sum or Damages not exceeding Twenty Pounds Sterling in all Cases of Debt, Covenant, Assumpsit, Actions on the Case upon Assumpsit or Promises (Penal Covenants, Breach of Promise of Marriage, only excepted,) Trover, Conversion, Trespass for Goods taken or Detinue, or for any Sum not exceeding Ten Pounds in all other Cases whatsoever, (Slander, Libel, Deceit, and Criminal Conversation with a Man's Wife only excepted,) and also all Cases for the Recovery of any Penalty not exceeding Twenty Pounds imposed or to be imposed by any Act of Parliament.
II Jurisdiction as to Lands.
II. And be it further enacted, That the respective Assistant Barristers inIreland shall and they are hereby authorized and empowered to hear and determine, within their respective Jurisdictions, all Disputes and Differences respecting the Possession of any Lands, Tenements, or Hereditaments held under any Grant, Lease, or other Instrument for any Term or Interest the Duration or Extent whereof, when originally granted or created, did not exceed Three Lives, without any Provision for the Renewal thereof, or a Term of Sixty-one Years determinable on Three Lives, or a Term of Sixty-one Years absolute, and the yearly Rent reserved or payable in respect whereof, under such Grant, Lease, or other Instrument, shall not exceed Twenty Pounds, and in respect of which no Fine exceeding Fifty Pounds was paid on the granting or Execution of such Grant, Lease, or other Instrument; and every Person claiming such Possession may proceed by Civil Bill in the Court for the County, Division, or District wherein such Lands, Tenements, or Hereditaments, or any Part thereof, shall be situate, for Recovery of such Possession; and every such Civil Bill shall specify the Name and Residence of the Claimant, and the Description of the Property sought to be recovered, and the Barony or Parish in which the same is situate, and shall require the Persons in Possession of or claiming any Interest in such Lands, Tenements, or Hereditaments to appear before the Assistant Barrister, on a Day and at a Place to be therein mentioned, to answer the said Civil Bill.
III Service of Civil Bill in such Cases.
III. And be it enacted, That every such Claimant as aforesaid shall and he is hereby required to serve the Persons who shall be in the actual Possession of the Lands, Tenements, or other Hereditaments specified in and claimed by any such Civil Bill, and also such other Person or Persons (if any) as shall be interested in the same or in any Part thereof, with such Civil Bill Thirty Days at least before the Commencement of the Sessions in which such Civil Bill is to be heard and determined; and if there be not any Person in the actual Possession of such Lands, Tenements, or Hereditaments, then the affixing of such Civil Bill to or upon some conspicuous Part of the Premises so claimed, and upon the Door of the Church and of every Protestant Chapel (if any), and also upon the Door of every Roman Catholic Chapel (if any), in the Parish, Place, or District wherein the said Premises shall be situated, shall be and be deemed to be good and sufficient Service of such Civil Bill.
IV As to Recovery of Lands.
IV. And be it enacted, That in all Actions and Proceedings brought for the Recovery of the Possession of any Lands, Tenements, or Hereditaments under or by virtue of this Act, it shall be lawful for the Assistant Barrister to make an Order or Decree for the delivering up Possession of such Lands, Tenements, or Hereditaments to the Party entitled thereto.
V Jurisdiction in Replevin Cases.
V. And be it further enacted, That the respective Assistant Barristers inIreland shall and they are hereby authorized and empowered to hear and determine, within their respective Jurisdictions, all Actions of Replevin relating to Distresses for Rent between Landlord and Tenant, where the Rent for or in respect of which any Distress shall be or ought to have been made shall not exceed Fifty Pounds in Amount or Value.
VI In Cases of Distresses for Rent, Particulars of Demand to be given.
VI. And be it enacted, That in all Cases of Distresses for Rent the Person making any such Distress shall deliver to the Person in Possession of the Premises for the Rent of which such Distress shall be made, or in case there shall not be any Person found in Possession shall affix on some conspicuous Part of such Premises, a Particular in Writing of the Rent demanded, specifying the Amount thereof, the Time or Times when the same accrued, and the Person by whom or by whose Authority such Distress is made.
VII Appointment of Replevingers.
VII. And be it enacted, That the Sheriff for the Time being for every County inIreland shall, within Ten Days after he shall be sworn in as Sheriff, depute a sufficient Number of Persons in each County to act as Replevingers in case of Distresses for Rent, so as that there shall be at least One such Replevinger in every Town wherein General or Quarter Sessions of the Peace are held; and for every Refusal or Neglect to appoint within Ten Days a sufficient Number of Persons to act as Replevingers as aforesaid, and also for every Month during which there shall not be One such Replevinger in each such Sessions Town, every such Sheriff shall forfeit and pay the Sum of Twenty Pounds, to be recoverable by Civil Bill by any Person who will sue for the same; and such Replevingers so to be appointed as aforesaid shall have Authority in the Sheriff's Name to grant Replevins and make Deliverance of all Distresses in such Manner or Form as the Sheriff may and ought to do, and shall be entitled to receive the Fees mentioned in the Second Schedule hereunto annexed, and no more.
VIII Mode of proceeding in Replevin Cases.
VIII. And be it enacted, That where any Party whose Goods or Chattels shall have been distrained for Rent shall dispute the Validity of the Distress, and the Amount of the Rent distrained for shall not exceed Fifty Pounds, it shall be lawful for such Party to lodge with the Clerk of the Peace for the County wherein such Distress shall have been made a Civil Bill, stating the Particulars of the Property distrained, and the Place where made, and the Person and Persons by whom or on whose Behalf such Distress was made, and requiring such Person or Persons to appear and answer such Bill at the next General or Quarter Sessions of the Peace for the District, Division, or Riding in which such Distress was made, in case there shall be Ten clear Days between the Day of lodging such Civil Bill and the first Day of holding such Sessions, and if not, then at the Sessions for such Division, District, or Riding next after the Expiration of Ten Days from the Day of lodging such Civil Bill, and thereupon the said Clerk of the Peace shall issue an Order requiring the Sheriff of the County to replevy the Goods and Chattels so distrained; and the Sheriff to whom any such Order shall be directed, or his Replevinger, shall and he is hereby required, upon good Security (by the Bond of the Person obtaining such Order and Two responsible Persons as Sureties) being given to him in Double the Amount of the Value of the Property distrained, to execute such Order, and make a correct and proper Return of the Manner in which the same shall have been executed, or to signify the Cause why the same has not been executed to the Court of the Assistant Barrister for the County, within Seven Days next after such Order shall have been delivered to him; provided that the Value of the Property distrained shall be ascertained by the said Sheriff or Replevinger in like Manner as the Value of Goods distrained is now ascertained by Law by the said Sheriff on taking Security in Replevins.
IX Form of Bond.
IX. And be it enacted, That the Bond so to be given to the said Sheriff shall be in the Form or to the Effect set forth in the First Schedule hereunto annexed, or as near thereto as the Circumstances of the Case will admit.
X If Sureties oblected to, Reason to be stated in Writing.
X. And be it enacted, That in every Case where the Persons who shall be proposed as Sureties on behalf of any Party whose Goods or Chattels shall have been distrained shall be objected to, the Reason or Ground of such Objection shall be stated in Writing by the Sheriff or Replevinger so objecting.
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