mons shall be served Seven Days before the Day of Appearance, and Fourteen Days if the Debt exceeds 1002. 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 in all Cases where the Sum sought to be recovered under the said Act shall exceed Ten Pounds, and shall not exceed the Sum of One hundred Pounds, the Summons or Process which shall be issued in the Name of the Steward or Seneschal of the Manor Court, to the Person or Persons complained against, shall be served upon such Person or Persons upon some Day not less than Seven Days before the Day appointed for the Appearance of such Person or Persons; and that in all Cases where the Sums sought to be recovered shall exceed One hundred Pounds, every such Summons or Process shall be served upon the Person or Persons complained against, upon some Day not less than Fourteen Days before the Day appointed for the Appearance of such Person or Persons; and that in either of such Cases any Person or Persons so complained against shall and may be required by such Summons to appear at any Court to be holden by such Seneschal or Steward within such Manor on any such Day, to be named in such Summons, as shall be at a sufficient Distance from the Date of such Service of Sum- Summons as to allow for such Service; and every such Summons shall be served by the Deliverer of such Summons to the Person or Persons summoned, or by leaving such Summons at the usual Place of Abode of such Person or Persons; and if any such Summons shall not in the several Cases be served according to the Directions of this Act, the same shall be and become null and void to all Intents and Purposes. Appearance. mons. Where Sum recovered shall not exceed 40s. Jury may examine the Parties, and apportion the Payment by Instalments. II. And be it further enacted, That in all Cases where the Sum sued for, or for which a Verdict shall be given in any Manor Court, shall not exceed the Sum of Forty Shillings, it shall and may be lawful for the Court and Jury to examine the Plaintiff and Defendant, or either of them, upon Oath, if they shall think proper so to do; and it shall also be lawful for the Jury in and by their Verdict to direct that Payment of the Sum for which their Verdict shall be given, shall be made by the Defendant with or without the Costs, by such weekly or monthly Instalments, or in such Proportions, and within such Time, not exceeding Three Calendar Months, as such Jury shall think fitting and convenient; and in such Cases it shall be lawful for the Seneschal or Steward of any such Court to stay the issuing of the Decree for any Space of Time not more than Three Calendar Months, provided the Defendant shall undertake to pay the Amount of the Sum for which such Verdict shall be given, with the Costs (if any), by such Instalments or in such Proportions as shall be directed by the Verdict of such Jury; and such Decree shall be stayed accordingly, until Default be made by the Defendant in the Payment of some One Instalment, and shall then only issue for the Balance due, with such Costs as such Seneschal or Steward shall think fitting. III. And Whereas by an Act made in the Parliament of Ireland, in the Twenty fifth Year of the Reign of His late Majesty King George the Third, for the more speedy and easy Recovery of Small Debts in the Manor Courts in Ireland, it is among other Things enacted, that the Seneschal or Steward of any such Court Court shall issue Execution on Verdicts and Decrees in such ⚫ Courts returnable on the next Court Day; and that no Renewal of any Execution shall be granted in any Case where an Execution shall be obtained, and not executed, unless it shall first appear to such Seneschal or Steward, on Oath, that the Party applying for such Renewal had really and truly used legal and necessary Diligence in order to have such former Execution executed; Be it enacted, That from and after the passing of this Act it shall be lawful for the Seneschal or Steward of any such Court to issue Execution on any Verdict or Decree, return. able at any Court Day after the Verdict or Decree given or made; and also to issue or grant any Renewal of any Execution, in Case where such Renewal shall appear to such Seneschal or Stew- if requisite. ard to be requisite for obtaining Justice to the Party on whose Behalf such Renewal shall be applied for. any Execution may be issued on Verdict, return able on any Court Day, and may be renewed IV. And be it further enacted, That it shall and may be lawful Trial may be for the Seneschal or Steward of any Manor Court, upon Applica- deferred. tion of either of the Parties in any Action, to postpone or defer the Trial of the Cause until the next or any subsequent Court Day after such Application shall be made, if he shall think fit in his Discretion so to do; and that in all Cases where the Sum sued Trials in for shall exceed Ten Pounds, the Trial shall not take place until Cases above the Court Day next after the Court Day appointed for the Appear- 107. ance of the Defendant upon the original Summons in such Action. mons; V. And be it further enacted, That from and after the passing Fees to Regisof this Act the several Fees and Sums following shall and may be trar on Sumpaid by and taken from any Person suing or being sued in any Manor Court in Ireland having Jurisdiction to hold Places to the Amount of Thirty Pounds or upwards, in addition to the Fees specified in the said recited Act of the Twenty fifth Year of His late Majesty; that is to say, To the Registrar of any Manor Court, where such Officer is created by the Charter of such Manors respectively, on the taking out of any Summons, where the Sum in demand shall not exceed Ten Pounds, the Sum of One Shilling; where such Sum shall exceed Ten Pounds and shall not exceed One hundred Pounds, the Sum of Two Shillings; and where such Sum shall exceed One hundred Pounds, the Sum of Three Shillings, and no more: To the Seneschal or Steward of and to Steward any Manor Court, upon the making of any Decree, where the Sum on Decree. recovered shall not exceed Ten Pounds, the Sum of Two Shillings; where such Sum shall exceed Ten Pounds and shall not exceed One hundred Pounds, the Sum of Three Shillings; and where such Sum shall exceed One hundred Pounds, the Sum of Four Shillings, and no more. VI. Provided always, and be it further enacted, That in Cases where the Jurisdiction of any Manor Court or Courts, with respect to the Recovery of any Sum or Sums of Money, shall not be limited to any specific Amount by the Grants or Charters or other Authority under which any such Court or Courts may be respectively held, it shall and may be lawful for such Court or Courts, and for the Seneschal, Steward, and Registrar of any such Court or Courts, to proceed for the Recovery of any Sum or Sums of Money exceeding Ten Pounds, in such Manner and Method, and by such Process, as such Court, or the Seneschal or Steward or Manor Courts having unlimited JurisDebts, may proceed in Cases exceeding 101. as under their ancient Juris diction as to diction. Weekly Payments, not exceeding 2s. 6d. to be paid to Debtors in Custody for less than 10%. or Registrar and other Officers of such Court, might have done at any Time before the passing of the said recited Act of the last Session of Parliament; and in such Case it shall be lawful for the Seneschal or Steward and for the Registrar of such Court to receive and take such Fees as were lawfully payable under such Grants or Charters, or otherwise, at any Time before the passing of the said Act; any thing in the said Act to the contrary in anywise notwithstanding. VII. And be it further enacted, That in all Cases where any Person shall be confined or detained in any Prison at the Suit of any Creditor or Creditors in any Manor Court for any Debt less than the Sum of Ten Pounds, it shall be lawful for the Seneschal or Steward of such Court, on the Application of such Debtor, in case such Seneschal or Steward shall think right under the Circumstances of the Case so to do, to order that the Creditor or Creditors at whose Suit such Debtor shall be confined or imprisoned shall pay to such Debtor such Sum or Sums, not exceeding the Rate of Two Shillings and Sixpence by the Week in the whole, at such Times and in such Manner as such Seneschal or Steward shall direct; and that on failure of Payment thereof, as directed by such Seneschal or Steward, such Debtor shall be forthwith discharged from Custody at the Suit of the Creditor or Creditors failing to pay the same. CAP. LX. An Act to amend the Acts for the establishing of Compo- 4 G. 4. c. 99. W Reign of His present Majesty, intituled An Act to provide mended by 5 G. 4. c. 63. + Sic. Appeals against Assessments or Applotments shall be made to the next Quarter Sessions after the Applotment, if for the establishing of Compositions for Tithes in Ireland for a limited Time, and which was amended by an Act passed in the Fifth Year of the Reign of His present Majesty; and the said Acts required † to be further amended in certain Particulars: And Whereas by the said first-recited Act it is among other things enacted, that it shall be lawful for any Person aggrieved by or dissatisfied with the Rate or Sum at which any Land shall be assessed in any Assessment or Applotment in any Parish under the said Act, as compared with the Rate or Amount pay⚫able in respect of any other Land in the same Parish under such Assessment or Applotment, to appeal to the Justices of the Peace at the General Quarter Sessions of the Peace in Manner in the said Act mentioned;' 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 every such Appeal shall be made to the Justices of the Peace at their General or Quarter Sessions of the Peace for the County or Place in which such Parish shall be situate, or any Adjournment thereof, to be holden next after the Completion of such Applotment, if there be sufficient Time to give such Notice as is required by the said Act in Cases of such Appeal; and for want of sufficient Time for giving such Notice previous to the Quarter Sessions Sessions next after the Completion of such Applotment, then such Time for NoAppeal (after such Notice and under such Recognizance as in tice; or otherand by the said Act are required) may be made at the Second wise to the General or Quarter Sessions of the Peace to be holden for such Second Quarter Sessions. County or Place next after the Completion of such Applotment; and such Appeal against such Assessment or Applotment shall not be made at any other subsequent Sessions; any thing in the said recited Acts to the contrary notwithstanding. they may decide on Years, or direct an Issue for ascertaining the Title. II. And Whereas by the said recited Act of the Fourth Year On Appeal to ' of His present Majesty's Reign it is among other Things pro- Privy Council, 'vided and enacted, that an Appeal may be made to the Lord 'Lieutenant or other Chief Governor or Governors of Ireland in Right of Pro'Council, against the Certificate of any Commissioners or Um- perty, so far as 'pire under the said recited Act; and that it shall be lawful for relates to the such Lord Lieutenant or other Chief Governor or Governors of Tithe Com'Ireland, by and with the Advice and Consent of His Majesty's position for 21 Privy Council in Ireland, to hear and determine such Appeal in the Cases and in Manner in the said Act mentioned: And 'Whereas such Appeals do often involve the Rights or Title of 'Parties to the Possession or Occupation of Lands and Tene'ments, and Doubts have arisen whether the Decision of the Lord 'Lieutenant in Council on such Appeal is not to all Intents and Purposes conclusive as to such Rights or Title;' Be it therefore enacted, That in every Case of Appeal in which the Rights or Title of any Party to the Possession or Occupation of any Lands or Tenements shall be involved, it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland, by and with the Advice of His Majesty's Privy Council in Ireland, to decide and determine upon such Appeal, and to ascertain and determine the Rights or Title of any such Party, so far only as may relate to the Payment of any Composition for Tithes for the Term of Twenty one Years under the said recited Acts, or until such Right of Property shall be determined by any competent Tribunal or Court of Justice, but not any further, nor to any other Purpose; or it shall be lawful for such Lord Lieutenant or other Chief Governor or Governors, by and with the Advice of His Majesty's Privy Council, to direct an Issue to be tried in any One of His Majesty's Courts of Record in Dublin, for the Ascertainment of the Right or Title of any such Party to any Lands or Tenements as aforesaid. III. And be it further enacted, That on the Hearing and Decision of any Appeal against the Certificate of any Commissioners or Umpire under the said recited Act of the Fourth Year of His present Majesty's Reign, it shall be lawful for such Lord Lieutenant or other Chief Governor or Governors of Ireland, with the Advice of His Majesty's Privy Council, to adjudicate and direct the Payment of any Costs to or by any of the Parties appealing or appealed against, in such Manner and to such Amount as shall seem fitting and expedient to such Lord Lieutenant or other Chief Governor or Governors and Privy Council. IV. And Whereas in and by the said recited Act of the Fifth "Year of His Majesty's Reign it is among other Things enacted, that in the Assessment and Applotment of any Composition for Tithes no Public Road or Highway, nor any Canal or Inland On Decision of any Appeal, the Privy Council may direct the Payment of Costs. Navigation, nor any waste or uncultivated Land on the Sides of any such Road, Highway, Canal, or Inland Navigation, shall be ' assessed or charged to the raising of any Part of the Sum or Sums to be raised by such Assessment or Applotment; and that if any Assessment or Applotment had been made at any Time before the said Act, whereby any such Road, Highway, Canal, or Navigation, or any such waste or uncultivated Land, had 'been assessed or charged to any such Composition, such Assess'ment and Applotment should, as to such Road, Highway, Canal, or Navigation, and waste or uncultivated Land, cease and deter'mine, and be no longer paid or payable; and it is expedient that further Provision should be made relating to such Assess'ments and Applotments;' Be it enacted, That every such Assessment or Applotment, which shall have been made at any Time before the passing of the said recited Act of the Fifth Year aforesaid, shall remain good, valid, and effectual; and that every Road, a new Assess- Highway, or Canal, or Inland Navigation, and all waste or uncultivated Land on the Sides of any such Road, Highway, Canal, or Inland Navigation, which shall have been subjected to such Assessment or Applotment before the passing of the said recited Act of the Fifth Year aforesaid, shall remain and continue liable to such Assessment and Applotment until a new or additional Assessment and Applotment shall be made within such Parish, pursuant to the Directions hereinafter contained; any thing in the said recited Act of the said Fifth Year to the contrary in anywise notwithstanding. Roads, &c. assessed before the passing of Act shall continue so until ment shall be made under this Act. Where Roads &c. have been assessed, Parties interested may apply to Assistant Bar rister at Ses sions, who may alter the Assessment. V. And be it further enacted, That in all Cases where any Assessment and Applotment of any Composition for Tithes shall have been made at any Time before the passing of the said recited Act of the Fifth Year aforesaid, whereby any such Road, Highway, Canal, or Navigation, or any such waste or uncultivated Land as aforesaid, shall have been assessed or charged to any Composition for Tithes, it shall and may be lawful for any Person or Persons interested in any such Road, Highway, Canal, or Naviagtion, or in any other waste or uncultivated Land, or for any Incumbent or other Person entitled to such Composition, to apply to the Assistant Barrister at any Sessions to be holden for the County in which the Parish shall be situate in which such Assessment and Applotment shall be made, to revise such Assessment and Applotment, and to make a Re-assessment and Applotment of such Composition, in Manner hereinafter mentioned; and thereupon it shall be lawful for such Assistant Barrister to call for the Book in which such Assessment and Applotment shall be entered, and such Book shall be produced to such Assistant Barrister by the Person or Persons in whose Custody the same shall be; and it shall be lawful for such Assistant Barrister to alter and amend the Assessment and Applotment contained in such Book, by striking out any Assessment and Applotment made in respect of any such Road, Highway, Canal, or Navigation, or any such waste or uncultivated Land as aforesaid, and by adding to the Amount of the several Assessments and Applotments made in respect of the other Lands within the said Parish, according to their several Proportions, so much as shall be sufficient to make such Assessment and Applotment equal to the full Amount of the whole Com position |