Penalties, when and how levied.

tion within the jurisdiction, as the parties shall think proper, and no person by reason of the application of the forfeitures shall be deemed an incompetent witness, in proof of any offence against this act.

SEC. 16.-That the justices before whom any person shall have been convicted of any offence against this act, may order that the penalty shall be paid immediately, or within such period as they shall think fit; and if not paid at the time appointed, it shall be levied by distress and sale of the offender's goods, together with the reasonable costs of the distress; and for want of such dis. tress, such offender shall be imprisoned in the common gaol or house of correction, for any term not exceeding one calendar month, when the sum to be paid shall not exceed £5, and for any term not exceeding two calendar months, in any other case, or until the sum be paid.

SEC. 17.-Form of Conviction.

in the county of

Conviction not

form.

A. E. is convicted

"before us, J. P. and J. J. P., two of his majesty's justices of "the peace for the said county, for that he the said A. E. did, "[here state the offence, with time and place,] and we do ad"judge that the said A. E. shall for the said offence forfeit the and shall pay the same immediately, [or, shall

66

sum of

day of

pay the same on or before the "to C. D., being [the treasurer, governor, &c., of the charitable "institution.] Given under our hands the day and year first "above mentioned.

"J. P.

"J. J. P."

SEC. 18. That no conviction under this act shall be void for want of quashed for want of form, or be removed by certiorari, and that no warrant of commitment shall be held void. for defects, provided it be alleged that there was a valid ̧

conviction; and that no distress shall be deemed unlawful, or the party making it a trespasser, or a trespasser ab initio, but the party aggrieved by any irregularity may recover satisfaction for the special damage, (if any,) by an action upon the case.

SEC. 19. That actions brought against parties for any thing done under this act shall be local, and commenced within six calendar months, and notice thereof given in writing one month before commencement of action; and the defendant may plead the general issue, or in case of replerin, may avow generally under this act, and give this act and the special matter in evidence; and the plaintiff shall not recover if tender of sufficient amends be made, or money be brought into court, and if verdict pass for the defendant, or the plaintiff be nonsuit, or discontinue action after issue joined, or have judgment against him on demurrer, or otherwise, the defendant shall recover full costs as between attorney and client, and though the plaintiff get a verdict, he shall not have costs unless the judge certifies his approbation of the action and verdict.

SEC. 20 repeals 1 Geo. IV. c. 37, as to Ireland.

SEC 22. That this act shall not abridge the power of justices.

Limitation of actions brought against persons for things done

under this act.

E

4 & 5 WILL. IV. CH. 55.

Act to amend 7 Geo. IV. ch. 62, 1 & 2 Will. IV. ch. 61, and 2 & 3 Will. IV. ch. 73, for the uniform Valuation of Lands and Tenements in the several Baronies, Parishes, and other Divisions of Counties in Ireland, and to provide for the more effectual Levy of Grand Jury Cess.

IT IS ENACTED,

[13th August, 1834.

Collection of SEC. 15. That whenever any person, duly authorized to grand jury cess. collect money to be raised by grand jury presentment,

shall have received the applotment, he shall levy the same according to such applotment, and also any sum not exceeding five shillings in lieu of any sum heretofore authorized to be levied by any act now in force for the applotter's fees; and all such money may be levied by distress and sale of the goods and chattels of the person refusing to pay his proportion of the applotment, rendering the overplus, (if any,) after deducting the expenses of distraining, not exceeding twelve-pence in the pound on the sum for which the distress is made; and if no sufficient distress be found on the premises chargeable, then the collector shall leave at the dwelling house of the party chargeable, if such party reside within the same county, or county of a city or town, a notice bearing date the day and year of serving the same, subscribed with the name and abode of the collector, requiring payment within six days from the date of such notice, and expressing that within that time the money may be paid to the collector, at his house or office; and if such money be not paid within such time, then it shall be lawful for such collector to prefer a complaint to any

justice of the peace within the jurisdiction, and such justice shall summon the party to appear at a time and place to be stated in such summons, and shall then examine into the matter on oath, and direct the payment of such money as he shall find due under such applotment, together with a sum certain, as and for such reasonable charges as to such justice shall seem meet; and upon default of appearance, or upon refusal or neglect of the party, forthwith to pay the sum or sums so directed to be paid, the justice may issue his warrant authorizing the collector to levy the sum awarded by distress and sale of any goods of the party which may be found within any part of such county, county of a city, or town, rendering the overplus, (if any,) after deducting the necessary charges of distress, as directed by such justice, and if sufficient distress cannot be found within such county as aforesaid, then, on oath thereof made before any justice of the peace for any other county, or county of a city, or town, in which any goods or chattels of the party shall be found, such oath being certified by the justice on the warrant to be by him issued, the goods of the party may be taken and sold as if they had been distrained in the first county.