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bona fide to bank- no debtor of a bankrupt shall be endangered for the pay.
rupts, without
knowledge of ment of his debt bona fide to any bankrupt, before such
bankruptcy, va- time as he should know that he was become bankrupt;
ner as bona fide and enacts, that no person or body corporate, joint stock
payments.

or other company, having in his or their possession or cus-
56 Geo.3.c.137.
E.

tody 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 his
or their possession, &c. sh all understand or know that

the person to whom such goods, &c. do or shall belong,
s. 2. is become bankrupt. Provided (s. 2.) that in all cases in
Persons, fc. 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 de-.
acting on their
behalf had. livering 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 deli-
vered, was or were or had become bankrupt, such body
corporate, &c. shall be deemed to have understood and
known the same.

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P. 2. 2. 31. The 56 Geo. 3. c. 88. S. 15. I. recites the Landlords em

powered to seize clause of the 11 Geo. 2. c. 19. s. 8. Eng. here stated, and

corn, f.c.-growthat it is reasonable that the remedies of landlords in ing, as a distr

for rent. Ireland should in this respect be as extensive as they are

56 Geo.3. c. 88. in England; and therefore enacts, that after the 1 st. 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 demisod 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 such distress and sale, in the same manner as any other goods distrained' for non-payment of rent.

And on the 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 oc.

to

cupying tenant VOL. II,

S. 16.

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to pay rent due

lord,

Such costs on

to recover costs to his immediate landlord or lessor, shall have been paid, and damages against imme- or in any manner satisfied, if, in consequence of the fraud, by whose default malfeasance

, or neglect of such landlord to pay and satisfy 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

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, damages deducted out of when ascertained by the decree of such recorder, &c. or accruing rent.

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 que 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 Tenant so ago before the assistant barrister, &c. the complainant shall grieved may

prove the facts of payment of rent by distress or otherper cent of

wise to his immediate landlord, and of the subsequent trained for (in seizure of his goods or stock under distress by a superior nery actually, landlord, on his being compelled to pay any.sum of paid,) exclusive

money in or towards satisfaction of rent due to such of any further special dama- superior landlord to avoid any such distress, he shall be

entitled to recover in damages, and shall so recover (upon sạch 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, in addition to the whole sum he shall have paid under such

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s. 17.

recover £10.

the rent dis

distress

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S. 18.

diction under

1

57 Geo, 3.c. 93.

distress to the superior landlord, but shall not be preclu-
ded 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 provi-
sions of this act, shall be situate in the whole or in part Assistant bar-
within the county of any city or town which is a county rister and jus-

tices of counties
of itself, except the county of the city of Dublin, the to have juris-
assistant barrister of the county at large, having jurisdic- this act, in
tion for other purposes within such county of a city, &c. counties of

cities or towns,' and the justices of the peace for such county at large, ercept Dublin. shall have the same jurisdiction with respect to such tenement, as if the same had been situate in the county at large.

P. 5. l. 33. The 57 Geo. 3. c. 93. E. & W. recites, that there distress
divers persons acting as brokers, and distraining on the made for rent

due, noi erceed-
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
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 áçt in the course of
such distress, or for carrying the same into effect, shall
have, take, or receive, out of the goods or chattels dis-
trained 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

upon conviction 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, fc. county, city, or town, and acting for the division where

such

1

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5. 2.

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VOL. II,

B

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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 men-
tioned, 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 How levied or ordered to be paid, such justice shall forth with 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 sufficio
ent distress can be had, such justice shall, by warrant un.
der 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 admiwitnesses, and nister an oath to them, touching the matter of such comenforce obedi

plaint 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 herein-
before 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
award 20s. for
costs, 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 com-
against, if com-
plaint unfound- plained against, which order shall be carried into effect,
ud.

and

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s. 3.

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