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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A87306 An act for the more speedy and effectual proceeding upon distresses and avovvries for rent Chap. XXII.; Laws, etc. Ireland. 1695 (1695) Wing I320; ESTC R43653 2,360 8

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AN ACT For the more Speedy and Effectual Proceeding upon DISTRESSES and AVOVVRIES for RENT W R HONI SOIT QVI MAL Y PENSE IE MEIN TIENDRAI DVBLIN Printed by Andrew Crook Printer to the Kings Most Excellent Majesty on Ormonde-Key 1695. CHAP. XXII An Act for the more Speedy and Effectual Proceeding upon Distresses and Avowries for Rent FORASMUCH as the Ordinary Remedy for Arrearages of Rents is by Distress upon the Lands Chargeable therewith and yet Nevertheless by reason of the Intricate and Dillatory proceédings upon Replevin that Remedy is become Ineffectual For Remedy whereof Be it Enacted by the King 's Most Excellent Majesty with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same That whenever any Plantiff in Replevin shall be Non-Suit before Issue Ioyned in any Suit in Replevin by Plaint or Writt Lawfully Returned Removed or Depending in any of His Majesties Courts at Dublin or any Courts Palatine or other Courts of Record within this Kingdom That the Defendant Avowant making a Suggestion in Nature of an Avowry or Connusance for such Rent to Ascertain the Court of the Cause of Distress the Court upon his Prayer shall Award a Writt to the Sheriff of the County where the Distress was taken to Inquire by the Oaths of Twelve Good and Lawful Men of the Baliwick touching the Summ in Arrear at the time of such Distress taken and the value of the Goods or Cattle Distrained and thereupon Notice of Fifteén Days shall be given to the Plantiff or his Attorney in Court of the Sitting of such Inquiry and thereupon the Sheriff shall Inquire of the Truth of the matter Contained in such Writt by the Oaths of Twelve Good and Lawful Men of his County and upon the Return of such Inquisition the Defendant shall have Iudgment to Recover against the Plantiff the Arrearages of such Rent in Case the Goods or Cattle Distrained shall amount unto the Value and in Case they shall not amount to that Value then so much as the Value of the said Goods and Cattle so Distrained shall amount unto together with his full Costs of Suit and shall have Execution thereupon by Fieri facias or Elegit or otherwise as the Law shall Require And in Case such Plantiff shall be Nonsuite after Connuzance or Avowry made and Issue Ioyned or if the Verdict shall be given against such Plantiff then the Iurors that are Impannelled or Returned to Inquire of such Issue shall at the Prayer of the Defendant Inquire concerning the Summ of the Arrears and the Value of the Goods or Cattle Distrained And thereupon the Avowant or he that makes Cognizance shall have Iudgment for such Arrearages or so much thereof as the Goods or Cattle Distrained amount unto together with full Costs and shall have Execution for the same by Fieri facias or Elegit or otherwise as the Law shall Require And be it further Enacted by the Authority aforesaid That if Iudgment in any of the Courts aforesaid be given upon Demurrer for the Avowant or him that makes Cognizance for any Rent the Court shall at the Prayer of the Defendant Award a Writt to Inquire of the Value of such Distress and upon the Return thereof Iudgment shall be given for the Avowant or him that makes Cognizance as aforesaid For the Arrears Alledged to be behind in such Avowry or Cognizance if the Goods or Cattle so Distrained shall amount to the Value And in Case they shall not amount to that Value then for so much as the said Goods or Cattle so Distrained amount unto together with his full Costs of Suit and shall have like Execution as aforesaid Provided always and be it Enacted That in all Cases aforesaid where the Value of the Cattle Distrained as aforesaid shall not be found to be to the Value of the Arrears Distrained for that the Party to whom such Arrears were Due his Executors or Administrators may from time to time Distrain again for the Residue of the said Arrears And whereas no Sheaves or Cocks of Corn Loose or in the Straw or Hay in any Barn or Granary or in any Hovell Stack or Rick can by the Law be Distrained or otherwise secured for Rent whereby Landlords are oftentimes Deceived by their Tennants who Sell their Corn Grain and Hay to Strangers and Remove the same from the premisses Chargable with such Rent and thereby avoid the payment of the same Be it further Enacted by the Authority aforesaid That for Remedying the said Practice and Deceit it shall and may from henceforth be Lawful to and for any Person or Persons having Rent Arrear and Due upon any Demise Lease or Contract to Seize and Secure any Sheaves or Cocks of Corn or Corn Loose or in the Straw or Hay lying or being in any Barn or Granary or upon any Hovell Stack or Rick or otherwise upon any part of the Land or Ground Charged with such Rent and to Lock up or Distrain the same in the place where the same shall be found for or in the Nature of a Distress untill the same shall be Replevied upon good Security to be given to the Sheriff as aforesaid And in Case such Distress shall not be Replevied or owned within the space of Eight Days next after the taking thereof then the same to be Appraised and Sold according to the Laws and Customs of this Kingdom Provided Nevertheless that such Corn Grain or Hay so Distrained as aforesaid be not Removed by the Person or Persons Distraining to the Damage of the Owner thereof out of the place where the same shall be found and Seized but be kept there as Impounded untill the same shall be Replevied or Sold as aforesaid And in Case any Replevin shall be brought for such Sheaf or Sheaves of Corn or Grain or Hay if the Plantiff in such Replevin shall be Non-suit either before or after Appearance or a Verdict pass against him or Iudgment be given against him upon Demurrer as aforesaid in all such Cases such Proceédings to be by Inquisition or Fineing of the Iury at the Barr upon like Suggestion to be made in the Connuzance or Avowry and like Execution in such Cases to be Awarded And be it further Enacted by the Authority aforesaid That upon any Pound-Breach or Rescue of Goods and Chattles Distrained for Rent the Person or Persons grieved thereby shall in a Special Action upon the Case for the wrong thereby Sustained Recover his and their Treble Damages and Costs of Suit against the Offender or Offenders in any such Rescue or Pound-Breach any or either of them or against the Owners of the Goods Distrained in Case the same be afterwards found to have come to his Vse or Possession FINIS