Abbildungen der Seite
PDF
EPUB

Warrant.

Court in which the Action shall be brought, or of any Judge thereof, Execution of and shall be responsible to such Court or Judge, and to the Person at whose Suit such Warrant shall issue, for the due Execution of the

said Warrant, in the same Manner exactly as Sheriffs are now respon5 sible for the due Execution of all Writs of Capias directed or addressed

to them, and shall be entitled to the same Protection as Sheriff's now are entitled to on executing such Writs.

Warrant to

X. The Costs of and attending the Warrant hereby authorized Costs of such to be issued, and the Arrest thereon, shall be deemed to be

be Costs in 10 Costs in the Cause : Provided always, that no such Costs shall be the Cause,

allowed to a Plaintiff unless the Court or the proper Officer thereof except as is satisfied, by Affidavit or otherwise, that the Plaintiff had good vided to the Reason to believe that he would probably have failed in causing the contrary.

Defendant to be arrested if he had proceeded in the first instance by 15 Application to a Judge of One of the Superior Courts for a Writ of

Capias, without first applying to Commissioners under the Provisions of this Act.

XI. The Fees mentioned in Schedule B. to this Act annexed Fees to be

taken in shall be paid to the Parties in the said Schedule named, and no other

respect of 20 Fees shall be allowed or taken in respect of the Warrant to be issued Warrant to

by virtue of this Act, and the Costs of the Writs of Capias and be issued. Summons shall be the same as if this Act had not passed; and the said Fees shall be deemed subject to be regulated, varied, increased,

or lessened by the Judges of Her Majesty's Superior Courts of Law 25 in Dublin, or any Nine of them, and a Table of such Fees as are

hereby receivable by any Officer shall be put up in some conspicuous Place in every Quarter Sessions Court House in Ireland.

XII. In citing this Act in other Acts of Parliament, or in any Instrument, Document, or Proceeding, it shall be sufficient to use the Short Title 30 Expression “ The Absconding Debtors Arrest (Ireland) Act, 1853.”

Act.

229.

[blocks in formation]

SCHEDULE A.

[ocr errors]

The ABSCONDING Debtors Arrest Act (IRBLAND), 1853. Whereas A.B. [the Creditor] hath this Day proved upon Oath, (or solemn Affirmation, as the Case may be,] to my Satisfaction, that C.D. [the Debtor] is indebted to the said A.B. in the Sum of £

and that there is probable Cause for believing that the said C.D., unless he be forth with apprehended, is about to quit Ireland with such Intent as is mentioned in the Absconding Debtors Arrest (Ireland) Act, 1853: These are to desire and authorize you, that you take the said C.D. wheresoever he may be found, and him safely keep until he shall have given you Bail or made Deposit with you according to Law, in an Action [“ on Promises,” or “ of Debt,” or “ Covenant,” as the Cause of Action may be,] at the Suit of A.B., or until the said C.D. shall have paid the Debt and Costs endorsed on this Warrant, or shall by other lawful Means be discharged from your Custody. I do further command you to whom this Warrant is directed, that on Execution hereof

you do deliver a Copy hereof to the said C.D. And I hereby require the said C.D. to take notice that Application will be made forthwith to the Court of [Queen's Bench, or Common Pleas, or Exchequer, as the Case may be,] for a Writ of Capias to be issued against the said C.D., and a Copy of such Writ, if obtained, will be served upon the said C.D., if still in Custody, within Seven Days from the Date of this Warrant, including the Day of such Date. And I do further command you to whom this Warrant is directed, that immediately after the Execution hereof you do certify by Endorsement hereon the Time and Place when and where you shall have executed the same. Dated the

A.D.

Day of

This Warrant is to be executed within

Days from the Date hereof, including the Day of such Date, and not afterwards.

(Endorsement.) This Warrant was issued by

Attorney for the within-named

of

A WARNING TO THE DEFENDANT. Within Seven Days from the Day of the Date of this Warrant, including the Day of such Date, you will be served with a Writ of Capias, and thereafter you will be considered as arrested by virtue of such Writ of Capias, and all Proceedings will be had upon the said Writ of Capias as if this Warrant had not issued, or you may be discharged forthwith on depositing in the Hands of the Officer to whom this Warrant is directed the Sum of

and Ten Pounds for Costs, or on Payment to such Officer of the Debt and Costs endorsed on this Warrant, or on entering into a Bail Bond to such Officer, with Two sufficient Sureties, for the Amount endorsed on this Warrant. The Plaintiff claims £

for Debt and €

for Costs.

Bail for the Sum of the Warrant].

by Order of [the Party issuing

SCHEDULE B.

FEES. To the Attorney, for preparing the Affidavit of Debt, and € s. d.

showing that the Debtor is about to abscond, and Oath

0 10 0 To the same, for attending to issue the Warrant

0 6 8 To the Clerk of the Court or Officer on the issuing of a Warrant

0 5 0 To the Party executing the Warrant, for the Caption 1 1 0 To the same, for every Mile from the place where the

Warrant shall be issued to the Place where it shall be executed, a further Sum of

0.06 To the same, for every Mile from the Place where the

Debtor shall be arrested to the Gaol where he shall be lodged, the further Sum of

·010

[ocr errors][ocr errors][merged small][merged small][merged small][merged small]

To facilitate the more speedy Arrest of

(Prepared and brought in by Mr. Napier, Mr. Davison, and Mr. Cairns.)

absconding Debtors in Ireland.

Ordered, by The House of Commons, to be Printed,

14 March 1853.

229.

Under 1 oz.

[ocr errors][ocr errors][merged small][merged small][merged small]

The better Prevention and Punishment of aggra

vated Assaults upon Women and Children, and
for preventing Delay and Expense in the
Administration of certain Parts of the Criminal
Law.

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

in Committee.]

W

HEREAS the present Law has been found insufficient for Preamble. the Protection of Women and Children from violent

Assaults : Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual 5 and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

I. When any Person shall be charged before Two Justices of the 9G. 4. c. 31. Peace, or any Magistrate of the Police Courts of the Metropolis sitting Pover of

at any such Police Court, with an Assault upon a Female or upon punishing, 10 a Male Child under the Age of Twelve Years, either upon the Complaint on summary

of the Party aggrieved or otherwise, it shall be lawful for the said Assaults Justices or Police Magistrate, if the Assault is of such an aggravated committed Nature that it cannot in their Opinion be sufficiently punished by them and Male under the Provisions of the Statute Ninth George the Fourth, Chapter Children

under Twelve 15 Thirty-one, and if it shall appear to them that a Prosecution of it Years of Age, 223.

by and occasion

« ZurückWeiter »