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[County] of

by the Church wardens and Overseers of the Poor, or the Surveyors of the Highways] of the Parish of

in the said [County), that the several Persons whose Names are mentioned and set forth in the Schedule hereunder written, being Persons duly rated and assessed to [the Relief of the Poor or Maintenance of the Highways] of the said Parish, in and by the Rates in the Schedule in that Complaint and in this Warrant underwritten, in certain Sums set down opposite to their respective Names in the said Schedule, had not respectively paid the said Sums or any Part thereof, but had respectively refused so to do; and now at this Day, to wit, on

at

the said [Churchwardens and Overseers or Surveyors] by C.D., One of the said Overseers or Surveyors, and A.B., I.K., and L.M., some of the said Parties in the said Schedule mentioned, appear before us, the undersigned, Two of Her Majesty's Justices of the Peace in and for the said [County); but the said N.P., although duly called, doth not appear by himself, his Counsel or Attorney, and it is now satisfactorily proved to us on Oath that the said N.P. has been duly served with the Summons in this Behalf, which required him to be and appear here at this Day before such Two or more Justices of the Peace as should now be here to answer the said Complaint, and to be further dealt with according to Law; and now having heard the Matter of the said Complaint against the said several Parties, and it being now duly proved to us upon Oath, in the Presence of the Parties so appearing as aforesaid, that an Assessment for [the Relief of the Poor] of the said Parish of

and for other Purposes chargeable therein according to Law, dated the

was duly made, allowed, and published, and that the said several Persons whose Names are mentioned and set out in the Schedule hereunder written are therein and thereby assessed at the Sums set down opposite to their respective Names in the said Schedule, and that the said several Sums have been duly demanded of them respectively, but they have not nor hath any of them paid the said Sums or any of them, or any Part thereof respectively, but they have refused and still do refuse to pay the same respectively, and have not nor hath any of them showed to us sufficient Cause for not paying the same; These are therefore to command you, in Her Majesty's Name, forthwith to make Distress of the Goods and Chattels of the several Persons whose Names are mentioned and set out in the Schedule hereunder written; and if within the Space of Five Days after the making of such Distresses respectively the said several Sums set opposite to their respective Names at which they were so rated and assessed as aforesaid, and the said several Sums for Costs incurred by the said [Churchwardens and Overseers, or Surveyors] also set opposite to their respective Names, together with the reasonable Charges of taking and keeping the said Distress in each Case, shall not be paid, that then you do sell the Goods and Chattels of the Party so making default so by you dis

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CAP. XV.
An Act to amend an Act of the Fifty-fourth Year of

King George the Third, for the Recovery of small
Sums due for Wages in Ireland. [11th May 1849.]
WHEREAS by an Act passed in the Fifty-fourth Year of

the Reign of His late Majesty King George the Third, 54 G.8. c. 116. • intituled An Act to repeal the several Laws for Recovery of

* small Sums due for Wages in Ireland, and to make other Provisions for Recovery of such Wages, Justices of the Peace and • Chief Magistrates within their respective Jurisdictions are • authorized to hear Complaints respecting the Nonpayment of

Wages not exceeding Six Pounds, and to adjudicate thereon

by summary Process: And whereas Doubts have been enter• tained how far the Sums recoverable by Servants, Artificers,

or Labourers, as defined by said Act, working by Task or by the Job or by Contract, come within the Provisions of the

said Act, and it is expedient that such Sums should be reco• verable in like Manner as Wages under the said Act, and also

that the Amount of Sums recoverable under the said Act or • this Act, whether for Wages, Damages or Compensation for • the Detention thereof, or Costs, should be extended to the

Amount of like Sums as in the said Act mentioned of the present Currency of the United Kingdom of Great Britain

and Ireland :' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the

Lords Spiritual and Temporal, and Commons, in this present Sums recover- Parliament assembled, and by the Authority of the same, That able under

the Amount of Sums recoverable under the Provisions of the this Act ex- said Act, whether for Wages, Damages or Compensation for tended to like the Detention thereof, or Costs, shall be extended to the

Amount of like Sums as in the said Act mentioned of the prepresent Cur.

sent Currency of the United Kingdom of Great Britain and Wages for Task Ireland; and further, that all Sums due or payable in Ireland recoverable

to any Servant, Artificer, or Labourer, as defined by the said before Justices Act, whose Demand, whether originally greater or not, shall in like Manner not exceed Six Pounds of the present Currency, for any Labour as other Wages done or performed by Task or by the Job or by Contract, shall

be recoverable by summary Process, in the same Manner and subject to the same Conditions and Limitations as are contained in the said herein-before recited Act, as amended by this Act, in respect to Wages.

II. And be it enacted, That all Sums due or payable in IreHorses, Carts, land for the Hire of any Horse, Ass, Mule, Bullock, or other

Animal for Draught, or of any Cart, Dray, Car, Plough, Harlike Manner. row, or Vehicle drawn by any Horse, Ass, Mule, Bullock, or

other Animal, for the Purpose of any labouring Work, (not being for the Carriage of any Passenger or Passengers,) where the Demand (whether consisting wholly of any such Sums as last aforesaid, or partly of any such Sumis and partly of Wages,

recited Act or

Sums of the

rency; and

Work to be

The Hire of

&c. to be re. coverable in

Esquires, Two of Her Majesty's Justices of the Peace in and for the said County, but the said A.B., although duly called, did not appear by himself, his Counsel or Attorney, and it was then satisfactorily proved to the said Justices that the said A.B. had been duly served with the Summons in that Behalf, which required him to be and appear there at that Day before such Two or more Justices of the Peace as should then be there, to answer the said Complaint, and to be further dealt with according to Law]; and then, having heard the Matter of the said Complaint, and it being then duly proved to the said Justices upon Oath [in the Presence and Hearing of the said A.B.] that an Assessment for the Relief of the Poor, or the Maintenance of the Highways] of the said Parish of

dated the was duly made, allowed, and published, and that the said A.B. was therein and thereby assessed at the Sum of aforesaid, and that the said Sum had been duly demanded of the said A.B., but that he had not paid, and had refused and still refused to pay the same, and the said A.B. then not showing to the said E.F. and G.H. any sufficient Cause for not paying the same, the said Justices thereupon then issued a Warrant to

commanding them to levy the said Sum of and the Sum of

for the Costs incurred in obtaining that Warrant, by Distress and Sale of the Goods and Chattels of the said A.B.: And whereas it now appears to me, the undersigned, One of Her Majesty's Justices of the Peace in and for the said [County), as well by the Return of the said

to the said Warrant of Distress as otherwise, that the said hath made diligent Search for the Goods and Chattels of the said A.B., but that no sufficient Distress whereon to levy the said Sums above mentioned could be found: These are therefore to command you the said [Churchwardens and Overseers or Surveyors,] and Constable and Peace Officers, or some or one of you, to take the said A.B., and him safely to convey to the [House of Correction) at

aforesaid, and there deliver him to the said Keeper, together with this Precept; and I do hereby command you, the said Keeper of the said [House of Correction), to receive the said A.B. into your Custody in the said [House of Correction), there to imprison him for the Space of unless the said Sums of

and together with the Sum of

for the Costs attending the said Distress, and the further Sum of

being the Costs and Charges of this Commitment, and of taking and conveying the said A.B. to Prison, making in the whole the Sum of

shall be sooner paid unto you the said Keeper ; and for your so doing this shall be your sufficient Warrant.

Given under my Hand and Seal this Day of in the Year of our Lord

at

in the County) aforesaid.

J.S. (L.s.)

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Temporal, and Commons, in this present Parliament assembled, For an Act by and by the Authority of the same, That every Action hereafter a Justice of

to be brought against any Justice of the Peace in Ireland in Peace in Ireland within his any of Her Majesty's Superior Courts of Law at Dublin for Jurisdiction any Act. done by him in the Execution of his Duty as such the Action shall Justice, with respect to any Matter within his Jurisdiction as be on the case, such Justice, shall be an Action on the Case as for a Tort; and alleged to have in the Declaration it shall be expressly alleged that such Act been done

was done maliciously, and without reasonable and probable maliciously, and without pro

Cause; and if at the Trial of any such Action, upon the General bable Cause. Issue being pleaded, the plaintiff shall fail to prove such Alle

gation, he shall be nonsuit, or a Verdict shall be given for the

Defendant. For an Act II. And be it enacted, That for any Act done by a Justice done by him of the Peace in a Matter of which by Law he has not Juriswithout Juris. diction, or ex

diction, or in which he shall have exceeded his Jurisdiction, any ceeding his Person injured thereby, or by any Act done under any ConJurisdiction, an viction or Order made or Warrant issued by such Justice in Action may be maintained

any such Matter, may maintain an Action against such Justice without such in the same Form and in the same Case as he might have done Allegation;

before the passing of this Act, without making any Allegation

in his Declaration that the Act complained of was done malibut not for an eiously, and without reasonable and probable Cause: Provided Act done under nevertheless, that (in any Case where a Conviction may be a Conviction or Order, until quashed either upon Appeal or upon Application to Her Maafter such Con- jesty's Court of Queen's Bench) no such Action shall be brought viction or Order for anything done under such Conviction or Order until after shall have been such Conviction or Order shall have been quashed, either upon quashed;

Appeal or upon Application to Her Majesty's Court of Queen's Bench; nor shall any such Action be brought for anything done under any such Warrant which shall have been issued by such Justice to procure the Appearance of such Party, and which shall have been followed by a Conviction or Order in the

same Matter, until after such Conviction or Order shall have nor for an Act been so quashed as aforesaid; or if such last-mentioned Wardone under a

rant shall not have been followed by any such Conviction or compel Ap

Order, or if it be a Warrant upon an Information for an alleged pearance, if a

indictable Offence, nevertheless if a Summons were issued preSummons were

viously to such Warrant, and such Summons were served upon previously Served and not such Person, either personally or by leaving the same for him obeyed. with some Person at his last or most usual Place of Abode, and

he did not appear according to the Exigency of such Summons, in such Case no such Action shall be maintained against such

Justice for anything done under such Warrant. If One Justice III. And be it enacted, That where a Conviction or Order make a Convice shall be made by One or more Justice or Justices of the Peace, tion or Order, and another and a Warrant of Distress or of Commitment shall be granted grant a War

thereon by some other Justice of the Peace bonâ fide and withrant upon it,

out Collusion, no Action shall be brought against the Justice the Action must be brought

who so granted such Warrant by reason of any Defect in such only against the Conviction or Order, or for any Want of Jurisdiction in the former, for a

Justice

Warrant to

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Justice or Justices who made the same, but the Action (if any) Defect in the shall be brought against the Justice or Justices who made such conviction or Conviction or Order.

Order. IV. And be it enacted, That where any Poor Rate shall be No Action for made, allowed and published, and a Warrant of Distress shall issuing a Disissue against any Person named and rated therein, no Action for Poor Rate shall be brought against the Justice or Justices who shall have by reason of granted such Warrant by reason of any Irregularity or Defect any Defect, or in the said Rate, or by reason of such Person not being liable is not rateable. to be rated therein; and that in all Cases where a discretionary No Action Power shall be given to a Justice of the Peace by any Act or against Justices Acts of Parliament, no Action shall be brought against such they exercise a Justice for or by reason of the Manner in which he shall have discretionary exercised his Discretion in the Execution of any such Power.

Power. V. “And whereas it would conduce to the Advancement of If a Justice Justice, and render more effective and certain the Perform- refuse to do an

Act, the Court ance of the Duties of Justices, and give them Protection in of Queen's • the Performance of the same, if some simple Means, not Bench may by ' attended with much Expense, were devised by which the Rule order him • Legality of any Act to be done by such Justices might be Action shall be • considered and adjudged by a Court of competent Jurisdiction, brought against ' and such Justice enabled and directed to perform it without him for doing it • Risk of any Action or other Proceeding being brought or had

against him:' Be it therefore enacted, That in all Cases where a Justice or Justices of the Peace shall refuse to do any Act relating to the Duties of his or their Office as such Justice or Justices, it shall be lawful for the Party requiring such Act to be done to apply to Her Majesty's Court of Queen's Bench in Ireland, upon an Affidavit of the Facts, for a Rule calling upon such Justice or Justices, and also the Party to be affected by such Act, to show Cause why such Act should not be done; and if after due Service of such Rule good Cause shall not be shown against it, the said Court may make the same absolute, with or without or upon Payment of Costs, as to them shall seem meet; and the said Justice or Justices upon being served with such Rule absolute shall obey the same, and shall do the Act required ; and no Action or Proceeding whatsoever shall be commenced or prosecuted against such Justice or Justices for having obeyed such Rule, and done such Act so thereby required as aforesaid.

VI. And be it enacted, That in all Cases where a Warrant After Convieof Distress or Warrant of Commitment shall be granted by a tion or Order Justice of the Peace upon any Conviction or Order which, Appeal, no either before or after the granting of such Warrant shall have Action for anybeen or shall be confirmed upon Appeal, no Action shall be thing done, brought against such Justice who so granted such Warrant for rant upon it. anything which may have been done under the same by reason of any Defect in such Conviction or Order.

VÚ. And be it enacted, That in all Cases where by this Act brought where it is enacted that no Action shall be brought under particular by this Act it Circumstances, if any such Action shall be brought it shall be is prohibited, a lawful for a Judge of the Court in which the same shall be Judge may, set

brought, ceedings.

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