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Justices of the Peace, on the Goods and Chattels of the Person or Persons so adjudged to pay the same ; and the Goods and Chattels so distrained shall and may on any Day after Four Days from the Time of distraining, and within Two Days, be publicly sold, and out of the Produce thereof the Sum so adjudged shall be paid to the Person or Persons empowered to receive the same; and the Overplus (if any be), after deducting the Costs and Charges, shall be paid to the Owner of such Goods and Chattels so distrained ; and in case such Distress cannot be made, then that the said Justice or Justices of the Peace shall and may and he and they are hereby empowered to commit the said Person or Persons to the Common Gaol of the County in which he is a Justice of the Peace, there to remain without Bail or Mainprize for such Time not exceeding Three Months as to the said Justice or Justices of the Peace shall seem fit and meet.
XIX. And be it enacted, That it shall and may be lawful to and Commissioners for the said Commissioners and their Successors to nominate and of Public Works appoint such Person or Persons to be Receiver or Receivers, Col- may appoint lector or Collectors of the said several Tolls and Duties as they such Tolls; shall think fit ; and all Persons by this Act liable to pay the said Tolls or Duties or any of them are hereby required to pay the same, after the Rates aforesaid, to such Receiver or Receivers, Collector or Collectors; and all such Receivers or Collectors shall respectively pay the same, at all Time and Times when thereto required, either to the Treasurer of the said Commissioners, or to such other Person or Persons as the said Commissioners or their Successors shall empower and appoint by Writing under their Hands and Seals for that Purpose; and that such Receiver or Receivers, Collector or Collectors aforesaid shall, upon Oath, if required by the said Commissioners or their Successors, which Oath the said
Commissioners are hereby empowered to administer from Time to Time, give in a true, exact, and perfect Account, in Writing under their respective Hands, of all Monies which they or every of them shalì to such respective Times have received, paid, and disbursed by virtue of this Act, or by reason of their respective Offices, for which Oath no Fee or Reward shall be taken, and the same may be taken without
any Stamp; and in case any such Receiver or Receivers, Collector or Collectors of the said Tolls and Duties shall not make such Account and Payment as is by this Act directed, then any Justice or Justices of the Peace for the King's County or Counties of Galway or Tipperary shall commit such Party or Parties refusing or neglecting so to do to the Public Gaol of the County of which he is a Justice of the Peace, there to remain without Bail or Mainprize until he or they shall have made a true Account and Payment as aforesaid, or compounded for the same with the said Commissioners or their Successors, and paid the Money by every such Composition stipulated to be paid.
XX. And be it enacted, That it shall and may be lawful for and may demise the said Commissioners or their Successors to demise or let the such Tolls. said Tolls appointed by virtue of this Act. for any Time not exceeding Twenty-one Years; and the said Commissioners or their Successors are hereby required and empowered, under their Hands and Seals, to appoint the said Tenant or Tenants thereof, Q 4
his or their Servant or Servants, to receive and collect the said Tolls for such Term as aforesaid, and to erect such Toll Gate or Toll Gates as aforesaid; and the said Commissioners are hereby empowered to make and ordain such Rules and Regulations as they or their Successors, or any Two or more of them, shall judge necessary and expedient, for the better collecting the Tolls afore
said. *** Application of XXI. And be it enacted, That the several Tolls by this Act Toils.
authorized to be collected and taken shall be applied in the first instance towards the Expence of maintaining and repairing the said Bridge at Portumna ; and in the next place towards the Repayment of any Sum or Sums of Money heretofore advanced or borrowed from the said Commissioners, or any other Commissioner, under any Act or Acts for the Advance of Monies in aid of Public Works in Ireland, or paid out of the Consolidated Fund of the United Kingdom by virtue of any such Act or Acts; and that the Surplus arising therefrom, if any, shall be applied and disposed of in such Manner as the Commissioners for executing the Office of Lord High Treasurer shall from Time to Time direct
and appoint. If a Surplus XXII. Provided always, and be it enacted, That when any such arises, the Tolls Surplus shall arise it shall be lawful to lessen and reduce all or to be reduced.
any of the Tolls by this Act authorized to be taken in such Manner as the Commissioners for executing the Office of Lord High Treasurer shall from Time to Time direct and appoint, so that at any Time thereafter the Amount of such Tolls shall not be less or greater than may be requisite to supply the Fund requisite for maintaining and repairing the said Bridge at Por
tumna. No Ferry Boats XXIII. And be it enacted, That no Person or Persons shall shall ply within keep or maintain any Boat or Boats to ply for Hire over or a certain Dis
across the said River at any Place between the Distance of One tance of the
Mile above and One Mile below the Bridge intended to be Bridge without
as aforesaid, or to carry or convey for Hire any Passenger or Passengers, Cattle, Carriages, or Goods which is or are subject or chargeable with Toll or Duty by this Act, over or across the said River Shannon, except such Person or Persons as shall be licensed or appointed by the said Commissioners or their Suc
Powers for raising Materials, &c.
XXIV. And be it enacted, That the Architects, Managers, or Persons employed to build the said Bridge, or such other Person or Persons as the said Commissioners or their Successors shall appoint, shall have all and singular the same Powers of raising and carrying away Gravel, Stones, Earth, or other Materials for the Purpose of erecting the said Bridge as are given by the Laws now in force to any Person employed or acting in or for the repairing of Public Roads, and subject to the same Regulations and Restrictions.
XXV. And be it enacted, That wherever the Word “ County," ccurs in this Act the same shall be construed to extend to and comprehend a County of a City or a County of a Town as well as a County at large.
Court of Common Pleas of the County Palatine of Lan-
[13th August 1834.] WH HEREAS various Alterations and Improvements have
recently been made, by the Authority of Parliament and otherwise, in the Practice and Proceedings in the superior • Courts of Common Law at Westminster ; and it is expedient • that certain Alterations and Improvements should be effected in • the Practice and Proceedings of the Court of Common Pleas at • Lancaster:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Process Serviceable Pro. in all personal Actions hereafter to be commenced in the Court cess for the of Common Pleas at Lancaster, where it is not intended to hold Commencement the Defendant to Special Bail, shall, whether the Action be
of personal Ac
tions. brought by or against any Person entitled to the Privilege of Peerage or of Parliament, or of the said Court, or of any other Court, or to any other Privilege, or by or against any other Person, be according to the Form contained in the Schedule to this Act annexed marked Number 1, and shall be called a Writ of Summons; and in every such Writ, and Copy thereof, the Place and Residence or supposed Residence of the Party Defendant, or wherein the Defendant shall be or shall be supposed to be, shall be mentioned ; and such Writ shall be issued by the Prothonotary of the said Court, or bis Deputy, and shall be served in the Manner heretofore used in the County Palatine of Lancaster, and not elsewhere, and the Person serving the same shall and is hereby required to indorse on the Writ the Day of the Month and Week of the Service thereof.
II. And be it further enacted, That the Mode of Appearance to Mode of Apevery such Writ or under the Authority of this Act shall be by pearance to
serviceable Prodelivering to the said Prothonotary or his Deputy a Memorandum in Writing, dated on the Day of Delivery thereof, according to the Form contained in the said Schedule and marked Number 2.
III. And be it further enacted, That in case it shall be made Appearance appear by Affidavit to the Satisfaction of the said Court or One may be enforced of the Judges thereof that any Defendant has not been personally by a Writ of served with any such Writ of Summons as herein-before men
case a Defendant tioned, and has not, according to the Exigency thereof, appeared cannot be to the Action, and cannot be compelled so to do without some served with the more efficacious Process, then and in any such Case it shall be Writ of Sumlawful for such Court or Judge, by Rule or Order, to order Writ of Distringas to be issued, directed to the Sheriff of the said County of Lancaster, (or to any other Officer to be named in such Rule or Order,) to compel the Appearance of such Defendant, which Writ of Distringas shall be in the Form and with the Notice subscribed thereto mentioned in the Schedule to this Act marked Number 3, which Writ of Distringas and Notice, or a Copy thereof, shall be served on such Defendant, if he can be met with, or if not, shall be left at the Place where such Distringas shall be executed ; and a true Copy of every such Writ
Bailable Process for the Commencement of personal Actions.
and Notice shall be delivered together therewith to the Sheriff or other Officer to whom such Writ shall be directed, and every such Writ shall be made returnable on a Day certain, to be named therein, not being less than Fifteen Days after the Teste thereof; and if such Writ of Distringas shall be returned Non est inventus and Nulla bona, and the Party issuing out such Writ shall not intend to proceed to Outlawry or Waiver, according to the Authority herein-after given, and any Defendant against whom such Writ of Distringas issued shall not appear at or within Eight Days inclusive after the Return thereof, and it shall be made appear by Affidavit, to the Satisfaction of the said Court or One of the Judges thereof, that due and proper Means were taken and used to serve and execute such Writ of Distringas, it shall be lawful for such Court or Judge to authorize the Party suing out such Writ to enter an Appearance for such Defendant, and to proceed thereon to Judgment and Execution.
IV. And be it further enacted, That in all Actions wherein it shall be intended to arrest and hold any Person to Special Bail who may not be in Custody of the Keeper of the Gaol of the said County, the Process shall be by Writ of Capias according to the Form contained in the said Schedule and marked Number 4.; and so many Copies of such Process, together with every Memorandum or Notice subscribed thereto, and all Indorsements thereon as there may be Persons intended to be arrested thereon or served therewith, shall be delivered therewith to the Sheriff or other Officer or Person to whom the same may be directed, or who may have the Execution and Return thereof, and who shall upon or forthwith after the Execution of such Process cause One such Copy to be delivered to every Person upon whom such Process shall be executed by him, whether by Service or Arrest, and shall indorse on such Writ the true Day of the Execution thereof, whether by Service or Arrest; and if any Defendant be taken or charged in Custody upon any such Process, and imprisoned for Want of Sureties, for his Appearance thereto, the Plaintiff in such Process may, after the Detainer or Arrest of such Defendant, declare against such Defendant, and proceed thereon according to the Practice of the said Court, as against a Defendant in Custody on Mesne Process: Provided always, that it shall be lawful for the Plaintiff or his Attorney to order the Sheriff or other Officer or Person to whom such Writ shall be directed to arrest One or more only of the Defendants therein named, and to serve a Copy thereof on One or more of the others, which Order shall be duly obeyed by such Sheriff or other Officer or Person ; and such Service shall be of the same Force and Effect as the Service of the Writ of Summons hereinbefore mentioned and no other.
V. And be it further enacted, That upon the Return of Non est inventus as to any Defendant against whom such Writ of Capias shall have been issued, and also upon the Return of Non est inventus and Nulla bona as to any Defendant against whom such Writ of Distringas as herein-before mentioned shall have issued, whether such Writ of Capias or Distringas shall have issued against such Defendant only, or against such Defendant and any other Person or Persons, it shall be lawful, until other
wise provided for, to proceed to outlaw or waive such Defendant by Writs of Exigi facias and Proclamation, and otherwise, in such and the same Manner as may now be lawfully done upon the Return of Non est inventus to a Pluries Writ of Capias ad respondendum issued after an Original Writ: Provided always, that every such Writ of Exigent, Proclamation, and other Writ subsequent to the Writ of Capias or Distringas shall be made returnable on a Day certain in Term; and every such first Writ of Exigent and Proclamation shall bear Teste on the Day of the Return of the Writ of Capias or Distringas, and every subsequent Writ of Exigent and Proclamation shall bear Teste on the Day of the Return of the next preceding Writ; and no such Writ of Capias or Distringas shall be sufficient for the purpose of Outlawry or Waiver if the same be returned within less than Fifteen Days after the Delivery thereof to the Sheriff or other Officer to whom the same shall be directed.
VI. And be it further enacted, That after Judgment given in Proceedings to any Action commenced by Writ of Summons or Capias, under Outlawry may the Authority of this Act, Proceedings to Outlawry or Waiver be had after may be had and taken, and Judgment of Outlawry or Waiver Judgment given given, in such Manner and in such Cases as may now be lawfully thority of this done after Judgment in an Action commenced by Original Act. Writ: Provided always, that every Outlawry or Waiver had under the Authority of this Act shall and may be vacated or set aside by Writ of Error or Motion, in like Manner as Outlawry or Waiver founded on an Original Writ may now be vacated or set aside.
VII. And be it further enacted, That when it shall be intended Mode of detainto detain in any such Action any Person being in the Custody ing a Prisoner of the Keeper of the Gaol for the said County of Lancaster, the
in Gaol. Process of Detainer shall be according to the Form of the Writ of Detainer contained in the said Schedule and marked Number 5, and a Copy of such Process, and of all Indorsements thereon, shall be delivered, together with such Process, to the Keeper of the said Gaol, who shall forthwith serve such Copy upon the Defendant personally, or leave the same at his Room, and the Declaration thereupon shall and may allege the Prisoner to be in Custody in the said Gaol; and the subsequent Proceedings shall be as against Prisoners in Custody upon Mesne Process, according to the Practice of the said Court, unless otherwise ordered by some Rule to be made by the Judges of the said Court.
VIII. And be it further enacted, That no Writ issued as afore- Duration of said by Authority of this Act shall be in force for more than Four Calendar Months from the Day of the Date thereof, including the Day of such Date; but every Writ of Summons and Capias may
be continued by Alias and Pluries, as the Case may require, if any Defendant therein named may not have been arrested thereon or served therewith : Provided always, that no first Writ Proviso as to shall be available to prevent the Operation of any Statute Statute of whereby the Time for the Commencement of the Action may be
Limitations. limited, unless the Defendant shall be arrested thereon or served therewith, or Proceedings to or towards Outlawry shall be had thereupon, or unless such Writ, and every Writ (if any) issued in continuation of a preceding Writ, shall be returned Non est