vied. s. 3. And applied. refuse to pay the same to the person authorized by the Penalty how tejudge to receive the same, it shall be lawful for the judge by warrant under hand and seal, to cause such fine to be levied by distress and sale, &c. And by s. 3. every fine imposed in pursuance of this act, shall be paid by the person who receives or levies the same to the proper officer of such city, &c.; to be applied to such uses as issues set on jurors, or other fines set in courts within such city, &c. are applicable by charter, prescription, or usage. And by s. 4. if any action be brought for any thing done in pursuance of this act, such suit shall be brought within 6 calendar months next after the matter complained of is committed; and the defendant may Pleading. plead the general issue, &c.; and shall recover double costs of nonsuit, dicontinuance, verdict, or judgment upon demurrer. No statute corresponding or ana s. 4. Limitation. Costs. Eng. inferior courts aided by supe Jurisdiction of “Four courts at Dublin" in logous to the 29 Geo. 2. c. 19. has been passed in Ireland. The jurisdiction of inferior courts in general is further aided by the 19 Geo. 3. c. 70. s. 4. Eng. which 19 Geo. 3. c. 70. provides, that where final judgment shall be obtained in any action or suit in any inferior court of record, it shall be lawful for any of his majesty's [*courts of record at Westminster] upon affidavit made and filed therein of such judgment being obtained, and of diligent search 19 & 20 Geo. 3. and inquiry having been made after the defendant, or his c. 38. Ir. effects, and of execution having issued against his person or effects, and that the person or effects of such defendant are not to be found within the jurisdiction of such inferior court, (which affidavit may be made before a judge, or commissioner authorized to take affidavits,) to cause the record of said judgment to be removed into such superior court, to issue writs of execution thereupon to the sheriff of any county, city, &c. against the person or effects of such defendant, in the same manner as upon judgments obtained in the said courts [at Westminster; and the sheriff, upon every such execution, shall detain the defendant until the 20s. be paid to him, or levy the same out of the effects, according to the nature of the execution, for the extraordinary costs of the plaintiff in the inferior court subsequent to the said judgment, and of the execution in the superior court, over and 26Geo. 3. c. 38. Eng. Term of impris sonment for small debts, li mited. 8. 2. In cases of fraud enlarged. and above the money for which such execution shall be is 19 & 20Geo. 3. sued. The 19 & 20 Geo. 3. c. 38. Ir. contains a similar proc. 38. s. 5 Ir. vision. The 26 Geo. 3. c. 38. Eng. is also a statute of a general nature, which provides, (s. 1.) that no person, being a debtor or defendant, who shall be committed to any gaol by order of any court, or commissioners authorized by any act of parliament for constituting or regulating any court for the recovery of small debts, where the debt does not exceed 20s. shall be kept in custody more than 20 days from the commitment to prison; and where the original debt does not amount to or exceed 40s, more than 40 days; and all gaolers are to discharge such persons accordingly. But by s. 2. in case upon the summons of any person for debt before the said court, information of any fraudulent concealment of money or goods shall be given, and it shall be proved to their sa tisfaction upon the oaths of 2 witnesses, (which oath the commissioners are empowered to administer) that such debtor has money or goods fraudulently concealed; in that case the court shall have power to enlarge the imprisonment, for debts under 20s. to any time not exceeding 30 days, and for debts under 40s. to any time not exceeding 60 days; which ground of further detention shall be specified in the commitment; and the depositions of the witnesses shall be entered in a book to be kept by the clerk to the court. By s. 3. at the expiration of the said times of imprisonment such persons shall be immediately discharged without paying any fees to the gaoler; and every gaoler demanding or receiving any fees upon the discharge of such person, or keeping him prisoner after the times limited, shall forfeit £5. And by s. 4. two justices of the peace where the offence shall be committed, may hear and determine any offence against this act, and shall, upon information or complaint, summon the party accused and also the witnesses on either side, and examine into the matter of fact; and upon due proof being made thereof by the oath of one witness, &c. give judgment for the penalty, and issue their warrant for levying the said £5 on the goods of the offender, and cause sale to be made thereof, in case they shall not s. 3. No fees togaoler. Penally. S. 4. How recovered. be any such s. 5. s. 6. s. 7. s. 8 Qualification for be redeemed in 4 days, &c.; and, (where the goods cannot be found to answer the penalty) commit such offender to prison for 2 months, unless it be sooner paid. By s. 5. all forfeitures (the necessary charges for recovery being deducted) shall be divided, one moiety for the support and maintenance of the poor, &c. and the other moiety to the person who shall sue for the same. But by s. 6. no person shall be convicted unless complaint or information shall be made or exhibited within 2 calendar months, &c. By s. 7. it shall not be lawful for court to issue any process against the body of any person, Process not to be where the party entitled to the judgment shall at the against both body and goods. same time have obtained any warrant against the goods of the same person. By s. 8. no person shall be capable of acting as a commissioner in the execution of any of the acts constituting such courts, unless such person be a commissioners. housholder within the county, &c. for which he shall act, and shall be possessed of a real estate of the annual value of £20, or of a personal estate of the value of £500: And if any person not so qualified shall act, he shall forfeit £20 to any person who will sue for the same, to be recovered with full costs, by action of debt, or on the case, wherein, &c.; and the person prosecuted shall prove that he is qualified, or otherwise pay the penalty, upon proof given of his having acted as a commissioner, provided such action be commenced within 6 calendar months, &c. and laid or brought in the county, &c. where the offence shall be committed. No Irish statute, of a general nature, has defined or limited the term of imprisonment under executions for small debts recovered in the inferior local jurisdictions of Ireland. Penalty ters at sessions of land. The 36 Geo. 3. c. 25. Ir. (as amended by the 38 Geo. 3. Jurisdiction of e. 25. Ir. and 39 Geo. 3. c. 16. Ir.) has provided for assistant barristhe better and more convenient administration of justice the peace in Ireand for the recovery of small debts in a summary way, 36Geo.3. c. 25. at the sessions of peace of the several counties at large Ir. within this kingdom, except the county of Dublin:" Geo. 3. c. 25. lr. the 39Geo. 3. c.16. * The civil bill jurisdiction of the chairman of the county of Dublin is derived 1r. from the 2 Geo. 1. c. 11. (which was amended by the 3 Geo. 1. c. 6. 1 Geo. 2. c. 14. 19 & 20 Geo, 3. c. 26, and 31Geo.3. c.31.) and is confirmed by this act s. 17. And Courts how di vided. held. the outline of which provisions it appears sufficient to state. By the first of these acts the lord lieutenant of Ireland with the advice of the privy council, is empowered to divide each of the counties (except the county of DubSessions when lin) into two divisions for the purpose of hearing and determining civil bills; and to appoint one convenient town, or more, in each of said divisions, in which a civil bill court shall be held at some general session or quarter sessions of the peace, or some adjournment thereof; which sessions are by the 38 Geo. 3. c. 25. s. 1. Ir. directed to be held 8 times in every year, at particular seasons of the year hereby specially appointed; 4 of such sessions to be held in each division of the respective counties. And by the 36 Geo. 3. c. 25. s. 2. the lord Assistant barris- lieutenant is further empowered to appoint a practising ters how appointed, barrister at law, of 6 years standing at the least, or who shall have actually practised 6 years, and shall not have retired from practice in his majesty's courts of law at Dublin, to act as a constant assistant to the justices at every sessions of the peace, and adjournment thereof, for all such counties at large, (except the county of Dublin; and except such counties as were divided into districts, and for which assistant barristers were appointed in pursuance of the 27 Geo. 3. c. 40. Ir.): And every such barrister shall be ipso facto in the commission of the peace, and a justice of the peace for the county in which he shall be so appointed; and shall duly attend during the whole of every such sessions, and adjournment thereof, except such sessions, &c. as shall be held for the purpose of registering freeholders, or for any other purposes save the administration of justice in criminal cases, and the hearing causes by civil bill. And they are further empowered to make and renew decrees and dis this act extends the civil bill jurisdiction of the ass'staut barristers of the counties of Waterford, Cork, Limerick, and Kilkenny, to the cities of Waterford, Cork, Limerick, and Kilkenny, and also of the assistant barristers of the counties of Antrim, Galway, and Louth, to the towns of Carrickfergus, Galway, and Drogheda, (which are counties in themselves) respectively. The recorder of Dublin is invested with the civil bill jurisdiction by the 31 Geo. 2. c. 16. Ir. in cases arising within the liberties of this city: and by the 58 Geo. 3. c. 25. Ir. the civil bill conrt is directed to be held before the recorder 4 times a year, as nearly as may be at equal distances.. of in civil bills, assistant barris misses, (by s. 6.) and to issue execution against the body Jurisdiction of or goods of the party, with such power of administering jutge of ussize oaths to witnesses, and others, and such powers for try- transfened to ing any controverted fact by jury, and under such regu- ters. lations, provisions, directions, and remedies, for the enforcing the appearance of parties, and witnesses, and for punishing witnesses giving false testimony, and sheriffs and other officers neglecting their duty in the execution of the premises, and in all respects to exercise such jurisdiction and powers concerning the said English bill, as the judges of assize are empowered to exercise by the 2 Geo. I. c. 11. Ir. 8 Geo. 1. c. 6. Ir. 1 Geo. 2. c. 14. Ir. and 31 Geo. 3. c. 31. Ir. or any other act, subject nevertheless to the restrictions and qualifications in this act expressed. By s. 6. (as amended by the 38 Geo. 3. c. 25. s. 3. Ir. and 39 Geo. 3. c. 16. s. 3. Ir.) such as- For that sums civil bills may be sistant barristers are empowered to hear and deter- brought. mine in a summary way by English bill, or paper pctition, usually called civil bill, all differences between party and party, for any sum not exceeding 120, in all actions of debt on any bond, bill, or specialty, for payment of money only; and in actions on the case on any promissory note, or inland bill of exchange: Or for any sum not exceeding £10 in all actions for debts for rent upon leases, articles, minutes, or contracts in writing; and in all actions on the case in assumpsit and insimul computasset; and in trover and quantum meruit; and in trespass for any injury done to the person or goods, (criminal conversation with the plaintiff's wife only excepted): And also all actions on the case (slander only excepted,) or detinue for goods or chattels detained, wherein the sum demanded in the process shall not exceed £5. But in actions or monitions issuing out of the ecclesiastical courts, such assistant barristers shall make for any sum. decrees without any limitation on account of the sum therein contained. But by s. 8. no cause of action shall be split, so as to make the ground for two or more ac- split. tions, in order to bring such cases within the jurisdiction created by this act. And it is provided, (s. 7.) that the No question intitle to lands be not drawn into question. And the de- tried by civil fandant shall have such defence as if sued in the ordinary YOL. II. F forms Decrees upon monitions may be Actions not to be volving title to be bill. |