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890. Bill to continue Appointments under the Act for consolidating the Copyhold and

Inclosure Commissions, and for completing Proceedings under the Tithe Commutation Acts

p. 407

411

Copyholds : 238. Bill to explain and amend the Copyhold Acts 402. Same (as amended in Committee] 484. Same (as amended in Committee, and on Re-commitment]

419

427

Couniy Elections Polls: 6. Bill to limit the Time for taking the Poll in Counties at Contested Elections for Knights of the Shire to serve in Parliament in England and Wales to One

435 39. Saine [as amended in the Committee)

439 52. Same (as amended by the Committee, and on Re-commitment]

443

Day

County Election Polls (Scotland): 162. Bill to limit the Time of taking the Poll in Counties at Contested Elections of

Members to serve in the Commons' House of Parliament for Shires in Scotland

to One Day, and to provide for the Increase or Alteration of Polling Places, 447 329. Same (as amended in Committee)

451

County Rates and Expenditure : 60. Bill to establish County Financial Boards for the assessing of County Rates, and

for the Administration of County Expenditure in England and Wales 457 168. Same (as amnended in Committee]

517

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Facilitate the more speedy Arrest of absconding

Debtors in Ireland.

[Note.—The Words printed in Italics are proposed to be inserted

in Committee.]

W

HEREAS the Laws now in force for the Arrest of Debtors Preamble. absconding from Ireland are insufficient and inadequate

for that Purpose, by reason of the Delay which is occasioned in obtaining the necessary Process : And whereas Frauds are 5 perpetrated upon Creditors residing at a Distance from Dublin by

Debtors embarking for distant Countries from various Towns and Seaports in Ireland: And whereas it is expedient to provide a more expeditious and efficacious Mode of obtaining Process for the

Arrest of Debtors about to quit Ireland in all Cases where such 10 Debtors are now liable by Law to be arrested: 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 Parliament assembled, and by the Authority of the same, as follows:

I. That from and after the passing of this Act it shall be Authority lawful for any Two Justices of the Peace, or for any One Justice to Commisof the Peace together with a Commissioner for taking Affidavits or Bankruptcy Special Bail in the Superior Courts of Law at Dublin, or for the and Judges

of County Mayor or Recorder of any Corporate Town, (the said Person and 20 Persons being hereafter referred to as the Commissioners,) on Appli- grant War229. A

15

sioners of

rants for the cation

Courts to

Arrest of absconding Debtors.

cation by or on behalf of any Creditor, upon due Proof by Affidavit,
intituled in One of Her Majesty's Superior Courts of Common Law,
of the Creditor applying, or of some other Person, or by solemn
Affirmation in Cases in which solemn Affirmation is allowed by Law,
to the Satisfaction of such Commissioners, that a Debt of Twenty 5
Pounds or upwards is owing to such Creditor, and is then payable
from the Person or Persons against whom such Application shall be
made, and that there is probable Cause for believing that such
Debtor or Debtors, unless he or they be forthwith apprehended, is or
are about to quit Ireland with Intent to avoid or delay the said 10
Creditor, or with Intent to remain out of the Jurisdiction of the
Courts of Law in Ireland so long that thereby the said Creditor will
or may be delayed in the Recovery of the said Debt, to grant a
Warrant, such Warrant being in the Form and endorsed in the
Manner specified in the Schedule A. to this Act annexed, or to the 15
like Effect, to such disinterested Person as the said Creditor shall
name, and the said Commissioners shall approve, as his Bailiff, and at his
Peril, whereby the said Bailiff shall have Authority, at any Time within
Seven Days after the Date of the said Warrant, including the Day of
such Date, to arrest the Person or Persons named in such Warrant, 20
and him or them safely keep until he or they shall have given Bail to
such Bailiff, or made Deposit with him, according to the Practice
observed in the Superior Courts of Law, or until he shall have paid
the Debt and Costs endorsed on the said Warrant, or be otherwise
discharged from Arrest under such Warrant by due Course of Law, 25
and that such Warrant shall bear Date the Day of the issuing thereof,
and may be executed in any Part of Ireland, and that a copy of such
Warrant or Warrants shall at the Time of the Arrest be served
upon the Party arrested: Provided always, that every Creditor who
shall cause such Warrant to issue shall within Seven Days thereafter 30
cause to be issued a Writ of Capias, and also, in Cases where no
Action shall be pending, a Writ of Summons out of some one of
the Superior Courts of Law in Dublin, against such Debtor or Debtors,
and shall cause such Debtor or Debtors, if in Custody, to be served
with such Writ of Capias, within Seven Days from the issuing of such 35
Warrant, and if not in Custody then within Three Days after he
shall have been arrested and in Custody on such Warrant; and there-
upon

such Debtor or Debtors shall be considered and deemed to have been arrested by virtue of the said Writ of Capias, and all Proceedings shall be had upon such Writ of Capias as if the same 40 had been issued prior to the issuing of such Warrant, and as if the Arrest had been made on such Writ of Capias, and according to the Practice now observed in the said Superior Courts of Law.

Writ of Capias to issue thereupon.

II. The

II. The Affidavit or Affirmation required by this Act may be Before whom sworn or made before such Commissioners, or before

Affidavits to any

Person having Authority to administer Oaths in any of the Courts of Law aforesaid.

be sworn.

and

5. III. The Warrant or Warrants which shall be issued by virtue of Warrants to

be auxiliary this Act shall be auxiliary only to the Processes now in use,

to such Writ shall be wholly void and of none Effect whatsoever as a Protection to of Capias. the Person on whose Behalf such Warrant shall have issued, unless such Writ of Capias shall be issued and served in manner aforesaid.

10 IV. The Person to whom the Warrant hereby authorized to be Time and

Place of issued shall be directed shall, immediately on the same being executed, endorse a Certificate thereupon of the Time and Place where the Debtor to Debtor was arrested; and the Production of such Warrant and be endorsed

Certificate to the Sheriff of the County where such Warrants shall rant, and 15 have issued, or to the Keeper of the Gaol of such County, shall be a upon Pro

sufficient Authority to such Sheriff or Keeper to detain such Debtor Sheriff's to or Debtors until he or they shall be discharged by due Course of receive ane?

detain such Law.

upon War

Debtor.

V. It shall be lawful for any Person arrested upon any such Persons ar20 Warrant forthwith before the issuing of the said Writ of Capias to rested en

titled to Disa pay the Debt and Costs which shall be endorsed on such Warrant

charge in to the said Bailiff as aforesaid, or to enter into a Bail Bond to such certain

Cases. Bailiff, with Two sufficient Sureties, for the Amount which shall

be endorsed on such Warrant, conditioned to put in Special Bail 25 as required by the said Warrant, or to make Deposit of the Sum

endorsed on such Warrant, together with Ten Pounds for Costs, and thereupon he shall be entitled to be discharged from Custody, and such Bailiff is hereby authorized to discharge such Person accordingly.

30 VI. As soon as the Person so arrested as aforesaid has been taken Effect of

into Custody or detained under the Writ of Capias herein before Writs of mentioned, the Force and Effect of the said Warrant so granted as

Capias on

previous aforesaid shall immediately cease and determine, and the said Person Proceedings..

shall be held and detained in Custody under or by virtue of the said 35 Writ of Capias in like Manner as if the said Person had been first

arrested under and by virtue of the same, or in case the Person so arrested shall have made Deposit with the said Bailiff as aforesaid, or entered into such Bail Bond as aforesaid, then, upon Delivery to the

Bailiff by whom such Person was arrested of a Copy of the Warrant 40 granted by the Sheriff upon such Writ of Capias as aforesaid, the said Bailiff shall pay over to such Sheriff as aforesaid the said Deposit, or 229.

assign

assign to the said Sheriff such Bail Bond as aforesaid, and the said
Sheriff shall then hold the said Deposit or Bail Bond, and shall be
entitled to enforce the said Bail Bond in his own Name, or to assign
the same, in the same Manner as if the said Person had been first
arrested on the said Writ of Capias, and the said Deposit had been 5
made or Bail Bond entered into with the said Sheriff: Provided always,
that the said Sheriff shall not be in any Manner liable or answerable
for any Default, Misbehaviour, or Miscarriage of the Person to whom
such Warrant was addressed, or of the Person or Persons making the
Arrest under and by virtue of the said Warrant: Provided also, that 10
if no Writ of Capias be issued and served within Seven Days from the
issuing of the said Warrant, the Person arrested under such Warrant
shall be entitled to be discharged from Custody, or in case the
Deposit has been made with or Bail Bond given to the said Bailiff,
then the said Deposit shall be returned, and the said Bail Bond given 15
up to be cancelled.

Endorsement VIL. Such Warrant shall be endorsed with the Amount of Debt
on Warrant. and Costs claimed by the Plaintiff in such Manner as Writs of Capias

are now directed to be endorsed, and on Payment of the Amount so
endorsed all Proceedings shall be stayed, and the Person so arrested 20
be discharged from Custody, and he shall be at liberty afterwards
to tax the Costs so endorsed as if he had been arrested under a Writ
of Capias.

Commis

Persons ar- VIII. It shall be lawful for any Person for whose Arrest a Warrant rested may shall have been granted to make Application, either before or after 25 apply to a

Arrest shall have been made by virtue of the said Warrant, and sioner of

before a Writ of Capias shall have been issued as aforesaid, to any Bankrupt, a Judge, or Judge of the said Superior Courts, or to the Court mentioned the Court

in the Affidavit of Debt or Warrant for the Arrest, for a Sumnamed in the Warrant,

mons or Rule calling upon the Creditor who shall have obtained 30 for their

such Warrant to show Cause why the Warrant should not be set Discharge.

aside and vacated, if such Application shall be made before Arrest,
or why the Debtor should not be discharged out of Custody, if the
Application should be made after Arrest, and that it shall be lawful
for such Judge or Court to make absolute or discharge such Summons 35
or Rule, and direct the Costs of the Application to be paid by either
Party, or to make such other Order therein as to such Judge or Court
shall seem fit; provided that any such Order made by a Judge may
be discharged or varied by the Court, on Application made thereto
by either Party dissatisfied with such Order.

H

40

Officer responsible for the due

IX. The Officer or Person to whom such Warrant shall be directed or addressed as aforesaid shall be subject to the Jurisdiction of the

Court

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