Select Committee on Operation of Small Debt Jurisdiction of Manor Courts in Ireland: report, minutes of evidence, appendix and index

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398


APPENDIX TO REPORT FROM THE


Appendix (A.)
Dublin.


Liberty of
St. Sepulchres.


Whether a Power of Distress exists, and the manner in which it is levied ?


Power of distress does exist; the mode of proceeding is as follows: In cases where the
debt is sworn, by affidavit, to amount to 10 I., or upwards, un unmarked writ of capias or
summons issues; after which, on the marshal returning non est inventus thereon, a marked
writ issues, by virtue of which a distress is made. The object of this proceeding being to
enforce an appearance, the goods are released when defendant gives bail, otherwise the case
proceeds to judgment on default, when the goods are sold, the plaintiff giving security to
return them at the end of a year, if defendant shall appear, and ultimately succeed in the
action.


Whether the Seneschal or Stewards are Members of any, and what. Legal Profes¬
sion, or Justices of the Peace?


The seneschal of this court is a barrister of 12 years' standing, and is a justice of the
peace of the liberty, by virtue of the charters, but is not a justice of the peace for any other
place. The registrars are attornies of the three law courts, and solicitors of the Court of
Chancery in Ireland.


The Dates of the Charters ?


There are several charters granted by John, when Lord of Ireland, and before he was
King of England, by Henry the 2d, Henry the 3d, Edward the 3d, Richard the 2d, Henry
the 4th, Henry the Cth, Henry the yth, and Charles the ist.


The principal Places over which the Jurisdiction of this Court extends ?


The town and liberty of Swords; the town and liberty of Lusk; parish of Portrane;
parish of Clonmethan ; north side of parish of Swords ; south side of parish of Lusk ; town
of Templeouge ; town of Tallaght; manor and town of Rathcoole or Clondalkin ; town and
parish of Glasmusky; parish of Tallaght; parish of Killbegg; parish of Cryhelp ; outside
of parish of Finglass; Kevins Without (Old); Kevins Within (Old); Poddleward (Old);
New-street Ward (Old); Kevin's-street, Castleknock; manor of Baliymore Eustace; parish
of Burgage ; parish of Granabegg; parish of Tippercevin ; parish of Ballybought; parish
of Ballymore ; parish of Milltown Dunlavin; manor of Finglass; manor of Shankhill;
Lenekil or Soneighill; manor and parish of Dalkey; parish of Dunlavin; manor of Stackenel
or Powerscourt; manor of Castlekevin.


P5




1834


1835


1836


22


22


19


a


o


528


489


545


S


NUMBER
of Appeals Tried
cannot be stated,
not being a mat¬
ter within the
knowledge of the
Officers of the
Court.


'NUMBER
of Decrees
Reversed
cannot be
be stated,
for the
same
reasons.


433


361


446


13


16


15


AMOUNT
of Suras recovered.
Decrees have been
signed for the fol¬
lowing Sums, which
are supposed to
have been recover¬
ed ; but the Officers
of this Court have
no Means of pre¬
cisely ascertaining
what Sums have
been actually re¬
covered.


£. s. d.


1,134 4 8


1,724 1 8


1,165 10 5


AMOUNT
of Costs recover¬
ed. They are
supposed to be
as follows, being
Costs on Decrees
signed; but they
cannot otherwise
be ascertained,
for same rea¬
sons as are stated
with respect to
the Sums reco¬
vered.


£. (. d.


151 13 -


146 11 6


168 3 6


ct.
S


Ph


28


36


34


NUMBER
of Decrees or
Dismisses sign¬
ed. The follow¬
ing Decrees or
Dismisses have
been signed; but
they are only is¬
sued as called for
by the parties,
several of them
are never issued.


374


382


Schedule of Fees, according to Act of Parliament.
Original Fees on Civil Bills, as authorized by 25 Geo. 3, c. 44:


Seneschal on issuing summons - _ _


— on entering — - - -


— on decree _ _ _ . _
Marshal summoning jury, for every case entered


£. s. d.


- - 1 -


- - 1 -


- 2 6


. 1 _


Additional Fees, by 7 &, 8 Geo. 4, c. 59;


Seneschal on issuing summons, for any sum under 10 ?. - - - - - 1 -


— over 10/., not exceeding 100/. - - 2 -


— exceeding 100/, - - - ~ 3 -
Additional, for any decree when amount under 10/. - - - - _ 2 -


— any sum over 10 I., and not exceed¬


ing 100 -


Additional