9 & 10 VIC. Justices of the Peace for the county of c. 111, LIMITATION OF COSTS IN and acting within the district of do order and adjudge that the said C. D. shall pay to A. B. the sum of as a compensation and DISTRESSES Satisfaction for unlawful charges and costs levied and taken FOR RATES, from the said A. B. under distress for rent [or rates, taxes, impositions or assessments, or as the case may be], and the further sum of for costs on this complaint. &c. 1846. Form of the Order and Judgment of the Justices, where they dismiss the Complaint as unfounded, and with or without Costs us the case may be. In the matter of the complaint of A. B. against C. D. for the breach of the provisions of an Act of the ninth and tenth years of Her Majesty Queen Victoria, intituled "An Act" [here insert the title of this Act], We, E. F. and G. H., Justices of the Peace for the county of and acting within the district of do order and adjudge that the complaint of the said A. B. is unfounded, and the same is hereby dismissed; [if costs are given, and we do further order and adjudge that the said A. B. shall pay unto the said C. D. the sum of for costs]. Signed, E. F. Schedule of the Limitation of the Costs and Charges on Distresses for Small Rents, or Rates, Taxes, Impositions, or Assessments, not exceeding Twenty Pounds. Levying distress, Man in possession, per day, each (but not exceed- All expenses of advertisements, if any such, 40 8. d. 2 Catalogues, sale, and commission, and delivery of goods, 18. in the pound on the net produce of the sale, if sold by a licensed auctioneer; otherwise 6d. in the pound on the net produce of the sale. 6 VICT. CAP. 8. 6 VIC. c. 8, JUSTICES 1843. An Act to empower Justices of the Peace in POWERS, to which they are chargeable. [3rd April, 1843.] the Peace cases relat liable to such § 1. WHEREAS doubts have arisen whether Justices of Justices of the Peace in Ireland may lawfully act empowered in cases relating to cesses, rates, and taxes, to to act in which such Justices respectively are rated or ing to rates, chargeable: Be it therefore enacted That it although shall and may be lawful to and for all and rates. every Justice or Justices of the Peace for any county, county of a city, or county of a town, or borough or town corporate in Ireland, within their respective jurisdictions, to do and perform all acts appertaining to their office as Justice or Justices of the Peace under or in execution of the laws for the presentment of public money by Grand Juries in Ireland, or the laws for the 1 & 2 Vic. more effectual relief of the destitute poor in ©.56, &c. Ireland, or for the apprehension and punishment of vagrants, or under an Act passed in the ninth year of the reign of His Majesty King George the Fourth, intituled An Act to make Provision 9 G. 4, c. 82. for Lighting, Cleansing, and Watching of Cities, Towns Corporate, and Market Towns in Ireland, in certain cases, or under or in execution of any other laws concerning local cesses, rates, or taxes, notwithstanding any such Justice or Justices is or are rated to or chargeable with the cesses, rates, or taxes, affected by such act or acts of such Justice or Justices as aforesaid. of Justices not void on 2. And be it enacted, That no act of any such Past acts Justice or Justices done before the passing of this Act shall hereafter be quashed or declared void account of because the same has been done by any such Justice to rate. or Justices so rated or chargeable as aforesaid. their liability 12 VIC. c. 16, JUSTICES' PROTECTION, 1849. 12 & 13 VICT. CAP. 16. An Act to protect Justices of the Peace in Ireland from Vexatious Actions for Acts done by them in the Execution of their Office. No action for issuing a distress warrant for rate, to lie defect or error in rating. [THIS Act, which was passed 11th May, 1849, came into operation on 2nd October, 1849, and was passed for the protection of Justices of the Peace in Ireland in the execution of their duties. The following section relates to Justices' warrants of distress for poor rates.] EXTRACT from 12 & 13 Vic. c. 16. § 4. And be it enacted, That where any poor rate shall be made, allowed, and published, and a warrant of distress shall issue against any person on account of named and rated therein, no action shall be brought against the Justice or Justices who shall have granted such warrant, by reason of any irregularity or defect in the said rate, or by reason of such No action to person not being liable to be rated therein; and that in all cases where a discretionary power shall be given to a Justice of the Peace by any Act or exercising a Acts of Parliament, no action shall be brought against such Justice for or by reason of the manner in which he shall have exercised his discretion in the execution of any such power. lic against Justices for manner of discretionary power. 11 & 12 VICT. CAP. 26. An Act to remove Difficulties in the Appointment EXTRACT, so far as relates to the Recovery of Poor Rates. c. 116. § 6. And whereas by the said recited Act of the sixth and seventh years of His said late Majesty 6 & 7 Wm. 4, it is amongst other things enacted, that it shall be lawful for every person duly authorized to collect and levy any Grand Jury cess off any barony, county of a city, or county of a town, in default of payment of any such Grand Jury cess by the party chargeable therewith, within the time therein specified, to prefer a complaint to any Justice of the Peace of the county in which such party may reside; and such Justice is empowered. to summon such party, and to direct payment of such money to such Collector, or to issue his warrant for the levy thereof by distress and sale of the goods and chattels of the party complained against, as in the said recited Act more particularly mentioned: And whereas by an Act of the first and second years of the reign of Her present Majesty, intituled An Act for the more effectual Relief of the 1 & 2 Vic. destitute Poor in Ireland, it is amongst other things enacted, that every rate made under the authority of the said Act now in recital on each electoral division shall and may be collected and levied, * 6 & 7 Wm. 4, c. 116, § 152 (p. 299). c. 56. c. 26. JUSTICES' POWERS, IN 6 x 7 Vic. c. 92. 11 & 12 Vic. sued for and recovered, by such and the same DIVISIONAL Ways and means as the Grand Jury cess, or the money applotted on the several persons liable to pay the same, may be collected and levied: And whereas by an Act of the sixth and seventh years of the reign of Her present Majesty, intituled An Act for the further Amendment of an Act for the more effectual Relief of the destitute Poor in Ireland, it is amongst other things enacted, that any rate or rates made as therein mentioned on any Lessor in respect of any property, whether occupied by one or more occupiers, should be recovered by the ways and means therein mentioned, and, amongst others, that it should be lawful for the Collector to prefer a complaint to any Justice of the Peace of the county in which such Lessor may reside, and such Justice is empowered to summon such Lessor so complained against to appear before him in Petty Sessions, and is also empowered to direct payment of such money to such Collector, and in default of payment that it should be lawful for such Justice, or any Justice of the Peace for such county, to issue his warrant for the levy thereof by distress and sale of the goods of such Lessor, as in the said Act more particularly mentioned; and it is by the said last-recited Act also enacted3, that every rate made under the authority of the said Act now in recital, or the therein first-recited Act, on any electoral division in the county or the county of the city of Dublin, and any money authorized and directed to be levied under any warrant for the levying of poor rate in the said county or the county of the city of Dublin, shall and may be collected and levied, sued for and recovered, by such and the same ways and means and with the like remedies and powers in case of non-payment, as the Grand Jury cess, or the money applotted on the several persons liable to pay the same, may be collected in any other county in Ireland: And whereas doubts exist 6 & 7 Vic. c. 92. |