the arbitrator shall be then liable to attend and appear and decide disputes, relative to the state of fences. animals are ing. SEC. 2.-That where animals shall be found tres- Course of propassing, and if rates of damage have been fixed by the ceeding, where magistrates, it shall be lawful for the persons entitled to found trespasssuch rates, to take such animals to the owner, or known steward, or herdsman of such owner, or to shew to any of said parties the cattle in the act of trespassing, and the owner is required to pay the rate so fixed; but upon refusal, the party aggrieved is not to impound the animal, but to make his complaint to the Petty Sessions, and the justices shall issue a summons to the owner or steward, or herdsman of the owner, to appear before them at a time fixed, and after that time, if the party do not appear, upon proof of service of summons, they may hear and determine; and if the trespass be proved, they may issue their warrant to levy the rate of damage, to gether with reasonable costs for loss of time, unless it shall appear to the magistrates that the defendant had reasonable grounds for non-payment. occurred when cedure. SEC. 3.-That where the rate shall not have been Damage having fixed, or where the damage shall exceed the rate if fixed, rate not fixed, or where the refusal to pay shall arise from the neglect &c. or refusal of the complainant to keep his own fences in repair, or where the owner of the animal shall refuse to Mode of proconcur in the appointment of an arbitrator, pursuant to this act, for the space of twenty-four hours after complaint made, then the complainant may call upon an arbitrator to view the place and estimate the amount of damage, and view the fences, and ascertain by whose neglect such trespass shall have been committed; and shall give a certificate in writing, signed with his hand, of the amount of damage, and by whose neglect caused, and his opinion of the state of fences, and by whom they ought to be repaired. H Recovery of certified damages. When damage arises from state SEC. 4.-That if the amount of damage so certified shall not have been paid, the party aggrieved may apply to the Petty Sessions, (not less than two magistrates being present,) and they shall summon the parties, and hear and determine the complaint, and if they be of opinion that such award and certificate is just and equitable, they shall issue their warrant to levy such damage, with reasonable costs for loss of time, off the goods and chattels of the offender by distress and sale, and to render the overplus (if any) to the offender. SEC. 5. That when it shall appear, that the damage of fences, mode has arisen from a bad state of fences, and that the arbitraof proceeding. tors have estimated the sum necessary for putting them Persons refus ing compensation, how to be dealt with. into repair, and the proportion of money to be paid, or of fences to be kept in repair, by either party, it shall be lawful for, and the magistrates are hereby required to call on the arbitrators for a specification of the time within which each party should execute such repairs, and the magistrates shall thereon issue an order to the parties, requiring them to execute the same within such time; and upon neglect or refusal of either party so to repair, the magistrates may order the other party to do the whole, who may apply to the magistrates for his proportion of the expense; and the magistrates shall, in all cases where the sum awarded by them shall not exceed £5, issue their warrant to recover the same by distress and sale of the offender's goods, to be paid to the party aggrieved; and where the sum shall exceed £5, the magistrates are required to examine into the matter, and to give a certificate signed by them to either party, stating their opinion and decision on the case; such certificate to be evidence in any action for the recovery of such larger amount in any other court. SEC. 6. That where persons aggrieved by trespasses described in this act, shall refuse a fair and reasonable compensation, or shall neglect or refuse to concur in the appointment of arbitrators, and shall persist in impounding, it shall be lawful for the magistrates to order reasonable costs to be paid to the party aggrieved by such refusal or neglect of the party complaining; in case of non-payment, such costs to be recovered by warrant of distress and sale. SEC. 7.-That in all cases under this act, where an order has been issued for payment of money, if not paid within twenty-four hours, a warrant may issue for distress and sale of goods; the money to be paid with reasonable costs to the party entitled. SEC. 8. That magistrates may order the rate of payment payable to the arbitrators, to be paid either by plaintiffs or defendants, as they shall think fit, and may issue their warrants accordingly. Money ordered Magistrates to decide who shall pay arbi trators' fees. sions. SEC. 9. That any person aggrieved may appeal to Appeal to Sesthe next Quarter Sessions of the county, and such appeal shall be tried there, provided that notice in writing of such appeal shall be given to the magistrates whose decision is appealed from, at the time of such decision given, and that sufficient security, conditioned for duly prosecuting such appeal, shall be entered into before such magistrates, and in such case it shall not be lawful for the magistrates to issue any warrant for the levying of any penalty in that particular instance. 7 & 8 GEO. IV. CH. 69. Act to provide for the Relief of Persons aggrieved by unlawful or excessive Distresses in Ireland. IT IS ENACted, [2nd July, 1827. SEC. 1. That where any distress shall be made for any Replevin rent, or arrears thereof, if the annual rent do not exceed grantable by magistrates not exceed £10. where rent does £10, it shall be lawful for any justice or justices of the peace within whose jurisdiction the distresses shall have been made, or for any two or more justices assembled at Petty Sessions, to take cognizance of the complaint of the party distrained on, setting forth that at the time of the distress there was either no rent due, or less than is claimed; and if, on such examination, the justice or justices is or are satisfied that the complaint is well founded, they may issue a summons to the party complained against, to attend at the next or any subsequent Petty Sessions, the time and place being named in the summons, to shew cause why replevin and deliverance should not be made under this act. Justices to hear complaint, and ascertain the amount of rent due, &c. SEC. 2. That it shall be lawful for the justices, (two at least being present,) at any petty sessions to which the party shall be as above summoned, (the service of the summons being satisfactorily proved,) to hear the complaint, and ascertain the amount of rent or arrears actually due, by the oath of the complainant, or of any other person, and if it shall appear that no rent was due, or that the distress was for a larger sum than was due, the justices are required to order replevin and deliverance to be made by the pound-keeper, of the cattle, and to return such order to the next Quarter Sessions for the district, there to be tried and disposed of. Justices may SEC. 3. That the justices, on the hearing, may order order payment of sum due, &c. the payment of such sum as they think justly due, and if payment be not made, or be not received, they may refuse to grant, or may grant such replevin as they think just. Party complaining must enter into re cognizance be fore the cattle are replevined. SEC. 4.-That replevin be not granted until the party complaining shall have, at such Petty Sessions, entered into a recognizance in double the amount ascertained by the justices to be due, with two sufficient sureties conditioned to abide the judgment of the Quarter Sessions. SEC. 5.-Form of Recognizance. "Know all men by these presents, that we A. B., principal, "and C. D., of and E. F., of sureties, "do hereby acknowledge ourselves to be held and firmly bound "to G. H., [person making the distress,] his [or her] heirs, ex66 ecutors, or administrators, in the sum of [double that "ascertained,] for the true payment of which we do hereby bind "ourselves and each of us, and our and each of our heirs, executors, and administrators. Sealed with our seals, and dated this 66 "The condition of the above recognizance is, that if the said "A. B. shall appear at the next general Quarter Sessions, to be "held at [name the place,] and shall then and there "abide any suit to be brought against him, by or on behalf of "J. K., [the person by whom, or on whose behalf the rent is "claimed,] for the sum of [specify it,] claimed 66 as rent or arrears of rent due to the said J. K., and if the said "A. B. shall well and truly satisfy and pay such sum of money "and costs as shall at such Quarter Sessions be decreed and awarded "to be due from the said A. B. to the said J. K., then this recog"nizance to be void, otherwise to be of full force and effect in "of "this day at justices of the peace, at a Petty Sessions held having duly examined into the complaint "of A. B., and being of opinion that at the time such distress "was made, the sum claimed as rent or arrears from the said A. B. "was not justly due; and the said A. B. having entered into a |