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EJECTMENT AND DISTRESS (IRELAND) ACT 1846

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - LONG TITLE

An Act to amend the Law in Ireland as to Ejectments and
Distresses, and as to the Occupation of Lands.{1}
[28th August 1846]
Preamble rep. by SLR 1891

Ss.114 rep. by 1851 c.57 s.1 sch.A; 1860 c.154 s.104 sch.B; SLR
1875; SLR 1892; 1969 c.30 (NI) s.132 sch.6

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - SECT 15
No person making any distress for taxes, &c. where the sum due
shall not exceed #20 to take other charges than mentioned in the
schedule (B) annexed, nor to charge for any act, &c. not done.

15. ... No person whatsoever making any distress ..., for any ...,
taxes, impositions, or assessments, where the sum demanded and due
shall not exceed the sum of twenty pounds for and in respect of
such ..., taxes, impositions, or assessments, save as herein-after
provided, nor any person whatsoever employed in any manner in making
such distress, or doing any act whatsoever in the course of such
distress, or for carrying the same into effect, shall have, take,
or receive out of the produce of the goods or chattels distrained
upon and sold, ... from any ... person whatsoever, any other or
more costs and charges for and in respect of such distress, or any
matter or thing done therein, than such as are fixed and set forth
in the schedule (B) hereunto annexed, and appropriated to each act
which shall have been done in the course of such distress; and no
person ... whatsoever shall make any charge whatsoever for any act,
matter, or thing mentioned in the said schedule, unless such act
shall have been really done: Provided always, that in any case in
which a less amount than the amount specified in the said schedule
shall have been prescribed by any Act or Acts of Parliament, or
shall in pursuance of the provisions of or the power given by any
Act or Acts of Parliament be specified in the warrant by which the
distress or levy shall be made, such less amount only shall be
demanded, taken, or levied for or in respect of such costs and
charges, any thing in this Act to the contrary notwithstanding.

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - SECT 16
Party aggrieved by another taking higher charges than those mentioned
in schedule (B) may apply to a justice of the peace.

16. If any person ... whatsoever shall in any manner levy, take,
or receive from any person ... whatsoever, or retain or take from
the produce of any goods sold for the payment of such ... taxes,
... impositions, or assessments, any other or greater costs and
charges than are mentioned and set down in the said schedule, or
make any charge whatsoever for any act, matter, or thing mentioned
in the said schedule and not really done, it shall be lawful for
the party ... aggrieved by such practices to apply to any one
justice of the peace for the county, city, town, and acting for
the division where such distress shall have been made or in any
manner proceeded in, for the redress of his, ... grievance so
occasioned, whereupon such justice shall summon the person ...
complained of to appear before the justices of the petty sessions
for such district at a reasonable time to be fixed in such
summons, and such justices shall examine into the matter of such
complaint by all legal ways and means, and also hear in like
manner the defence of the person ... complained of; and if it
shall appear to such justices that the person ... complained of
shall have levied, taken, received, or had other and greater costs
and charges than are mentioned or fixed in the schedule (B)
hereunto annexed, or made any charge for any matter or thing
mentioned in the said schedule, such act, matter, or thing not
having been really done, such justices shall order and adjudge
treble the amount of the monies so unlawfully taken to be paid by
the person ... so having acted to the party ... who shall thus
have preferred his, ... complaint thereof, together with full costs;
....

S.17 rep. by SLR 1892

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - SECT 18
No judgment to be given against any landlord unless he personally
levies the distress.

18. ...: Provided also, that no person ... who shall be aggrieved
by any distress for ... taxes, ... impositions, or assessments, or
by any proceedings had in the course thereof, or by any costs and
charges levied upon them in respect of the same, shall be barred
from any legal or other suit or remedy which he, ... might have
had before the passing of this Act, excepting so far as any
complaint to be preferred by virtue of this Act shall have been
determined by the order and judgment of the justices before whom it
shall have been heard and determined, ....

S.19 rep. by 1980 NI 6 art.13 sch.2

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - SECT 20
Brokers and others making any distress shall on demand give copies
of their charges to the persons distrained. Penalty for default.

20. Every broker, bailiff, or other person who shall make and levy
any distress whatsoever shall, if the same shall be demanded by the
party distrained, give a copy of his charges, and of all the costs
and charges of the distress whatsoever, signed by him, to the
person or persons on whose goods and chattels any distress shall be
levied, although the amount of the ... taxes, ... impositions, or
assessments demanded shall exceed the sum of twenty pounds, and upon
default of so doing he shall be liable to forfeit any sum not
exceeding [#2], to be recovered before any two justices of the
peace acting for such district, ....

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - SECT 21
Printed copy of clauses of this Act as to costs of distresses to
be hung up in sessions houses.

21. A fair printed copy of the clauses of this Act, and of the
schedule (B) thereto annexed, which regulate or relate to the costs
of distresses, shall be hung up in some convenient place in such
halls or rooms where the justices of each and every county, county
of a city, or county of a town in Ireland hold either the quarter
or petty sessions.

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - SECT 22
Interpretation clause.

22. In the construction of this Act and the schedules thereto
annexed, unless there be something in the subject or context
repugnant to such construction, words importing the singular number
only shall include the plural number, and words importing the plural
number only shall include also the singular number; words importing
the masculine gender only shall include females; ....

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - SECT 23
Schedules part of Act.

23. The schedules to this Act annexed shall be deemed and taken to
be part of this Act.

EJECTMENT AND DISTRESS (IRELAND) ACT 1846 - SECT 24
Extent of Act.

24. This Act shall extend only to Ireland.

S.25 rep. by SLR 1875

Schedule (A) rep. by SLR 1892; 1969 c.30 (NI) s.132 sch.6

...






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URL: http://www.bailii.org/nie/legis/num_act/eada1846284.txt