rupts, without bona fide to bank- no debtor of a bankrupt shall be endangered for the payment of his debt bona fide to any bankrupt, before such bankruptcy, va- time as he should know that he was become bankrupt; knowledge of lid in like man payments. 56 Geo.3, c.137. E. ner as bona fide and enacts, that no person or body corporate, joint stock or other company, having in his or their possession or custody any goods, wares, merchandizes, or effects, belonging to any person who shall be or become bankrupt, shall be endangered by reason of the delivery of such goods, &c, truly and bona fide, to such person or to his order, before such time as the person, &c. having such goods, &c. in hist or their possession, &c. shall understand or know that the person to whom such goods, &c. do or shall belong, is become bankrupt. Provided (s. 2.) that in all cases in Persons, &c. which it shall be proved that the persop acting on behalf notice of bank- of any body corporate, joint stock or company, in the ruptcy, if those paying or causing the payment of any debt, or in the delivering or causing the delivery of any goods, &c. to any person, understood or knew that the person or persons, or any of them, to whom such debt was paid, or goods delivered, was or were or had become bankrupt, such body corporate, &c. shall be deemed to have understood and known the same. s. 2. deemed to have acting on their behalf had. Of OF THE Redress of Private Wrongs BY THE MERE ACT OF THE PARTIES. ADDENDA II.-VOLUME II. 1 56 Geo.3. c. 88. P. 2. 1. 31. The 56 Geo. 3. c. 88. s. 15. I. recites the Landlords empowered to seize clause of the 11 Geo. 2. c. 19. s. 8. Eng. here stated, and corn, &c.-growthat it is reasonable that the remedies of landlords in ing, as a distress for rent. Ireland should in this respect be as extensive as they are in England; and therefore enacts, that after the 1st. July, s. 15. I. 1816, it shall be lawful for every lessor or landlord in Ireland, or his steward, bailiff, receiver, or other person empowered by him, to take and seize as a distress for arrears of rent, all sorts of corn and grass, hops, roots, fruit, pulse, or other product, which shall be growing on any part of the estates so demised or holden; and the same to cut, gather, make, cure, carry and lay up, when ripe, in the barns or other proper places on said premises; and in case there shall be no barn or proper place on said premises, then in any other barn or proper place, which such lessor, &c. shall hire or otherwise procure for that purpose, and as near as may be to the premises, and dispose of the same towards satisfaction of the rent for which such distress shall have been taken, and of the charges of other such distress and sale, in the same manner as any And on the goods distrained for non-payment of rent. other hand, this statute for securing the occupying tenant against being called upon for payment more than once of the rent reserved, provides (s. 16.) that in all cases where the entire rent due and payable from the occupying tenant Remedy for occupying tenant VOL. II. to s. 16. and damages against imme to recover costs to his immediate landlord or lessor, shall have been paid, or in any manner satisfied, if, in consequence of the fraud diate landlord malfeasance, or neglect of such landlord to pay and satisfy by whose default he is compelled the rent due to any superior landlord, the lands in the to uperior land hands of such occupying tenant shall be distrained for to pay rent due lord, Such costs on damages deducted out of accruing rent. any such rent, then it shall be lawful for such occupying tenant to proceed against such his immediate landlord, (through whose default he shall have been so distrained or compelled to pay any sum of money to such superior landlord, to avoid a distress,) to recover the amount of costs and damages by him sustained thereby, by civil bill before the recorder of the city of Dublin, if the lands shall be in the county of the said city, or the chairman of the sessions of the peace for the county of Dublin, if the lands shall be in said county, or before the assistant barrister at the quarter sessions of any other county where such lands shall be, in all cases where the same shall not exceed £50.; and the amount of such costs and damages, when ascertained by the decree of such recorder, &c. or ascertained by the judgment of any superior court, upon any action which may be bronght for that purpose, may be tendered by the occupying tenant, or his representatives, in payment of so much of the subsequently accruing rent as shall thereafter become due to such his immediate landlord, and shall be accepted by such landlord in payment of the same, or shall be recovered by process of execution, as the said occupying tenant shall deem most advisable. And by s. 17. if on such trial by civil bill before the assistant barrister, &c. the complainant shall prove the facts of payment of rent by distress or otherwise to his immediate landlord, and of the subsequent trained for (in seizure of his goods or stock under distress by a superior ney actually landlord, on his being compelled to pay any sum of money in or towards satisfaction of rent due to such superior landlord to avoid any such distress, he shall be entitled to recover in damages, and shall so recover (upon such proof made of the facts herein-before mentioned, without any other proof of damages sustained,) £10. in the £100. of the rent reserved and distrained for, inaddition to the whole sum he shall have paid under such distress s. 17. Tenant so aggrieved may recover £10. per cent of the rent dis addition to mo paid,) exclusive of any further special dama s. 18. distress to the superior landlord, but shall not be precluded from entering upon proof of other more aggravated or special damage sustained, if he shall prefer such mode of proceeding for recovery of adequate compensation. Provided (s. 18.) that if any tenement within the provisions of this act, shall be situate in the whole or in part Assistant barwithin the county of any city or town which is a county rister and justices of counties of itself, except the county of the city of Dublin, the to have jurisassistant barrister of the county at large, having jurisdic- this act, in tion for other purposes within such county of a city, &c. counties of and the justices of the peace for such county at large, except Dublin. shall have the same jurisdiction with respect to such tenement, as if the same had been situate in the county at large. diction under cities or towns,` due, not exceed 57 Geo. 3.c. 93. P5. 1. 33. The 57 Geo. 3. c. 93. E. & W. recites, that Where distress divers persons acting as brokers, and distraining on the made for rent goods and chattels of others, or employed in the cause of ing £20., costs such distresses, have of late made excessive charges, to the limited as in and charges great oppression of poor tenants and others; and there- schedule hereto. fore enacts, that no person making any distress for rent, E. & W. where the sum demanded and due shall not exceed £20. in respect of such rent, nor any person employed in making such distress, or doing any act in the course of such distress, or for carrying the same into effect, shall have, take, or receive, out of the goods or chattels distrained upon and sold, or from the tenant distrained on, or from the landlord or other person, any more costs and charges in respect of such distress, than such as are set forth in the schedule hereunto annexed, and appropriated to each act done in the course of such distress; and no person shall make any charge for any matter mentioned in the schedule, unless such act shall have been really done. And by s. 2. if any person shall in any manner levy, take, or receive from any person, or retain or take Treble damages from the produce of any goods sold for the payment of and full costs to such rent, any other or greater costs and charges than case of extortion, are set down in said schedule, or make any charge for any before a justice thing mentioned in the schedule, and not really done, the of peace of the party aggrieved may apply to any justice of peace for the county, c. county, city, or town, and acting for the division where s. 2. be awarded in upon conviction VOL. 11. 2 B such How levied or enforced. such distress shall have been made, or in any manner proceeded in, for redress; whereupon such justice shall summon the person so complained of to appear before him, at a reasonable time to be fixed in such summons; and such justice shall examine into the complaint by all legal ways, and hear the defence'; and if it shall appear that the person complained of shall have levied, &c. other and greater costs and charges than are mentioned in the schedule, or made any charge for any thing therein mentioned, such matter, &c. not having been really done, such justice shall adjudge treble the amount of the monies so unlawfully taken, to be paid by such person to the party preferring such complaint, together with full costs; and in case of non-payment of any monies or costs so ordered to be paid, such justice shall forthwith issue his warrant to levy the same by distress and sale of the goods, &c. of the party ordered to pay the same, rendering the overplus, (if any) to the owner after the payment of the charges of such distress and sale; and in case no sufficient distress can be had, such justice shall, by warrant under his hand,commit such party to the common gaol within his jurisdiction, until such order or judgment shall be satisfied. And by s. 3. it shall be lawful for such justice, Justices empow- at the request of the party complaining or complained against, to summon all persons as witnesses, and to administer an oath to them, touching the matter of such complaint or defence; and if any person shall not obey such summons, without reasonable or lawful excuse, or refuse to be examined upon oath, (or, if a quaker, upon solemn affirmation,) he shall forfeit a sum not exceeding 40s. to be ordered, levied and paid in such manner, and by such means, and with such power of commitment, as is hereinbefore directed, as to such order and judgment to be given between the parties in the original complaint, except so far as regards the form of the order herein-after provided for. But by s. 4. it shall be lawful for such justice, if he shall find that the complaint of the party or parties eosts, to the par- aggrieved is not well founded, to order and adjudge costs. ty complained not exceeding 20s. to be paid to the party or parties comagainst, if complaint unfound- plained against, which order shall be carried into effect, s. 3. ered to summon and examine witnesses, and enforce obedi ence. s. 4. Justice máy award 20s. for ed. and |
