The Sun.
London, England, 1846-06-27 00:00:00

EJECTMENTS (IRELAND) BILL, I

The following is a comprehensive summary of " A
Bill to amend the Law in Ireland as to Ejectments and
Distresses, and as, to the Occupation of Lands," brought
in by Lord Lincoln and Sir J. Graham:—
Whereas it is expedient to amend the law in Ireland
as to Ejectments and Distresses, and as to the Occupa-
tion of Lands ; 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, that in all cases of ejectment
for non-payment of rent, the amount claimed to be due
for rent, and the times at which the same accrued, shall
be stated upon the declaration or summons in ejectment
or civil bill, and upon payment of the rent so specified,
and costs, within the time therein specified, to the lessor
of the plaintiff, or plaintiff, or his attorney, all furth'r
proceedings in such ejectment shall cease and be stayea
accordingly. The defendant to be at liberty to have the
costs taxed.

2. In such ejectments in the superior Courts money
may be paid into Court for rent and costs.
3. At any time before execution issued in ejectment
for non-payment of rent, upon payment or tender and
lodgment of the rent and costs the proceedings shall
be stayed.
4. And be it enacted, that it shall be lawful for the
defendant in any civil bill ejectment for non-payment of
rent, six clear days previous to the day on which, by
such civil bill, he is required to appear, to deposit with
the Clerk of the Peace a sum of money for rent, together
with the sum of for costs, for which deposit the
Clerk of the Peace, upon payment of a fee of one shil-
ling, shall give to the defendant a certificate, according to
the form in the schedule (C) hereto annexed, which cer-
tificate shall be free from the payment of stamp duty,
and of which certificate a copy shall be entered by the
Clerk of the Peace in the book kept by him for entering
decrees in civil bill ejectments ; and the defendant shall,
four clear days previous to the day on which he is re-
quired to appear as aforesaid, deliver to or leave at the
place of abode of the plaintiff, his agent, receiver, or
attorney in such case, such certificate ; and in case the
plaintiff, or his attorney in such case, shall receive
from the Clerk of the Peace the sum so deposited, which
the said Clerk of the Peace is hereby required to pay
over to the plaintiff or his attorney, on demand, such
receipt and payment shall be deemed to be in full dis-
charge of the rent claimed by such civil bill and of costs,
but in case the plaintiff or his attorney, after such certi-
ficate shall have been delivered or left as aforesaid, shall
not accept the sum so deposited, and shall proceed to a
hearing of such civil bill, and it shall thereupon appear
that no greater sum than the sum so deposited was due to
the plaintiff for rent and costs at the time of the service
of such civil bill ejectment, and that such ejectment has
been delivered or left as aforesaid, it shall be lawful for
the Assistant-barrister to dismiss such civil bill, with the
cost of all the proceedings susequent to the time of the
making of such deposit, as in other cases of dismisses of
civil bill ejectments.

5. In such civil-bill ejectments, if the defendant before
a decree pay or tender the rent and costs, the proceed-
ings shall be stayed.
6. The writ or warrant for execution in ejectment for
non-payment of rent in the Superior or Civil Bill Courts
shall state the amount due for rent and costs, and upon
payment thereof, with certain Sheriff's fees, execution
shall be stayed.
7. The provisions of the 6 and 7 William IV., c. 75,
as to civil-bill ejectments, extended to terms for lives
and years concurrent.
8. Ejectments under 6 and 7 Will. IV., c. 75, ex-
tended to cases of permissive possession acquired within
twenty years.
9. On executing a writ or decree for possession in
ejectment, the Sheriff, upon the plaintiff's consent, !ay
deliver possession without the removal of the min&
tenants or occupiers.
10. In all cases of distress for rent, a written notice of
the rent claimed shall be given.
11. In cases of distress for rent a tender before the
sale shall be sufficient.
12. And be it enacted, that no distress for rent made
otherwise than by the landlord of any premises, or his
known agent or receiver in person, shall be lawful,
unless made by virtue of a written or printed warrant or
order to distrain, signed by the landlord or his known
agent or receiver, directing the bailiff or other person to
distrain the tenant or tenants, person or persons named
therein, and bearing upon it the date when and the name
of the place at which it is signed, nor unless such war-
rant or order shall be signed within twenty days next
before the time when such distress shall be made ; pro-
vided, that such warrant or order to distrain shall be
free from the payment of any stamp duty.
13. The provisions of the 56 Geo. 111., c. 88, autho-
rising the distraining of growing crops for rent, re-
pealed.
14. Party distraining for rent not a trespasser ab initio
by reason of subsequent irregularity.
15. 57 Geo. 111., c. 93. 7 and 8 Geo. IV., c. 17. No
person making any distress for rent, taxes, rates, &c.,
where the sum due shall not exceed 201. to take other
charges than mentioned in the schedule annexed; nor to
charge for any act not done.
16. Party aggrieved by any such practice may apply
to a justice of the peace. Justice may adjudge treble
the amount of the monies unlawfully taken to be paid,
with costs, which may be levied by distress.

17. Justices may summon witnesses. For not an-
swering summons, or refusing to be sworn or affirmed,
as the case may be, penalty 40s.
18. If complaint unfounded, justice may give coats to
the party complained against. No judgment to be given
against any landlord unless he personally levies the dis-
tress. Parties net to be barred of other legal remedies.
19. Signature of the justices proof of judgment.
20. Brokers and others making any distress to give
copies of their charges to the persons distrained.
21. Printed copy of part of this Act to be hung up in
sessions-houses.

22. Interpretation of the Act. Number. Gender.
" Landlord. " Lands." " Assistant Barrister."

23. Schedules to be taken as part of the Act.
24. Act to extend to Ireland only.
25. Act may be amended, &c., this session.

FISHERIES (IRELAND).
The Fourth Annual Report of the Commissioners of
Public Works, on the subject of the fisheries of Ireland
has just been presented to both Houses of Parliament
by command of her Majesty. This report, with the ap-
pendix, oceupies a large blue book ; but the result of it
is, that, throughout 1845, there has been, on the whole,
the same steady though slow progress towards improve-
ment in the general fisheries of the country, to which
allusion was made in the preceding report. The Com-
missioners conclude their observations with these re-
marks and proposals (in speaking of the salmon fisheries
and the close season):—
" To the proposition of a uniform close season for the
sea and tideways, we apprehend no well-founded objec-
tion can be advanced. _ _ _

" But a slight department of uniformity in the upper
or fresh-water portions of the rivers, however apparently
calculated to give rise to jealousies, will, we conceive, be
found upon investigation, judicious, and, in fact, to be
the most expedient compromise (for such only it must
be considered) that can be adopted.
" We are strongly impressed with the importance, not
only to the public, but also to the parties locally interested
or possessed of exclusive rights, of having the rivers fully
stocked with a supply of early breeding fish, and of the
consequent necessity of ceasing from all kinds of fishing
for salmon at an early period of the autumn.
" Further, we believe, that to open any part of the
month of January would, on the whole, be attended
with more evil than good ; and the few persons who
have heretofore derived advantage therefrom, either
under the provisions of the old laws, or by acting con-
trary to law, will participate largely in the benefits cer-
tain to arise from an improved system, efficiently carried
out, and will be amply rewarded for any temporary loss
they may sustain in being prevented from fishing in that
month. We therefore propose—
" 1. That in the upper or fresh-water portions of
rivers throughout Ireland, there shall be a uniform close
season as regards every mode of fishing for salmon, from
the 15th of September to the last day of February in-
clusive.
"2. That in the sea and tideways there shall be an
uniform close season from the Ist of September to the
31st of January inclusive.
"3. That all net fishing for salmon and trout shall
cease in the upper portion of rivers on the 31st of
August ; and, that angling only for the fish shall be per-
mitted until the 15th of September.
" Some doubt has been expressed whether angling
might not be permitted to a later period than the 15th of
September. But, after due consideration, we are opposed
to any such extension, which would be an exceeding by
so much, of the open period fixed for the greater part of
Scotland by the Act 9 George 111.
" lf, in conjunction with a due observance of the limi-
tation above proposed, suitable migration passes be
left even in what are considered the best rivers in Ire-
land, and due protection be afforded during the close
season we confidently predict that in the conrse of a very
few years the parties most interested will find, in the im-
provement of the fisheries, that their advantage has best
been consulted in the refusal to accede to the full extent
of their demands. _

‘‘ We wish further to repeat, and to impress upon the
attention of all parties, that the rivers are the natural
nurseries, notmerely for the fisheries within their banks
and at their mouths, bat also for the public fisheries on
the coasts, and that the times to be allowed for fishing
therein must be regulated by a consideration of what is
best, on the whole, for the public interest."

SUICIDE OF A GENTLEMAN.—Last evening Mr. G. I.
Mills held an inquest at the Black Lion, Church Street, Chelsea, on
the body of 3k'. Edward Mott, aged fifty-seven years, a gentleman
of property, who destroyed himself by nearly severing his head from
his body. It appeared from the evidence that the deceased, who was
a widower, was during the latter part of the peninsular war, a.
commissary in the army, and afterwards a linen-draper in South
-
a from which business he retired about ten years since,e having
amassed considerable property. During the
I l"Crch-strcetthu Church-street,
weeks
the deceased had been staying at No. - -
Chelsea, with Mr. Charles 'Wellington, and appeared in the
enjoyment of his usual health and spirits.
On Monday last
deceased, with Mr. Wellington, proceeded to Brighton, to
evening about
remain there during the week. On Tuesday
nine o'clock, Mr. Wellington was surprised at seeing
suddenly walk into the house, and on the deceased
asking him why he had left
tired, and want to go to
Mrs. Wellington, he said,
bed," and went up to his h‘e'dOrhoc% nal arn.
very About seven o'clock Mr. Wel-
lington went up to deceased's room to call him to breakfast, but
found the door fastened on the inside. No answer having been re-
turned, the door was forced open,yrium the deceased was found near
the foot of the bed, with his head nearly severed from his body,
having in his right hand an open razor, and under his left arm a
It was evident from the marks of
second open razor, both bloody
ot out of bed on the other side, and
blood that the deceased had g
there first cut his throat, and
then gone round the bed to a table,
razor, and taken the second r
and repeated the act, and fell where he
jury
was found. The
returned a verdict ':That the deceased com-
mitted the act himself,
but there is not sufficient evidence before
them as to the state of his mind at the time.'.'
RUNNING MATCH.—In the Waterloo-road, yesterday
afternoon, Horton and Jay ran thcpir 100 yards' race, for 51.
The latter Won.