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Recovery of rates from lessors by action or civil bill, or by proceedings before justices.
Distress.
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2. Any rate or rates made as aforesaid on any lessor in respect of any property, whether occupied by one or more occupiers, shall be recovered from him by all or any of the remedies, ways, and means herein-after mentioned; (that is to say,) by action or suit in the name of the guardians of the union against such lessor in any of the superior courts of record in Dublin, or by civil bill in the court of proper jurisdiction; or, where such lessor resides within any county in which such union or any part thereof is situate, whether the property in respect of which such rate is made be or be not within such county, the collector of the rate may, by direction of the guardians, leave at the dwelling house of such lessor a notice, bearing date the day and year of serving the same, subscribed with the name and abode of such collector, requiring payment of the rate within fifteen days from the date of such notice, and expressing that within fifteen days the money demanded may be paid to the collector at his house or office; and if such rate be not paid within such time, then it shall be lawful for such collector to prefer a complaint to any justice of the peace of the county in which the lessor may so reside, and such justice shall summon the lessor so complained against to appear before him in petty sessions and answer the said complaint, and shall at the time specified in such summons examine into the matter of such complaint on oath (which oath the justice is hereby empowered to administer), and shall direct the payment to such collector of such sum of money as he shall find due and payable as rate by such lessor, together with a sum certain as and for such reasonable costs and charges as to such justice shall seem meet; and in default of the appearance of such lessor, or on his refusal or neglect forthwith to pay the sum or sums so by such justice directed to be paid, it shall be lawful for such justice, or for any justice of the peace for such county, to issue his warrant authorizing or empowering the said collector to levy the money thereby ordered to be paid by distress and sale of any goods or chattels of such lessor which may be found within any part of such county, rendering the overplus, if any, to such lessor, the necessary charges and expences of distraining being first thereout deducted, as directed by such justice; and if sufficient distress cannot be found within the same county, then on oath thereof made before any justice of the peace of any other county in which any of the goods and chattels of such lessor may be found, (which oath such justice shall administer, and certify by indorsing in his handwriting his name on the warrant granted to make such distress,) the goods or chattels of such lessor shall be subject and liable to such distress and sale in such other county where the same may be found, and may be virtue of such warrant and certificate be distrained and sold in the same manner as if the same had been found within such first-mentioned county; and in any such action or suit, or civil bill, or complaint before a justice of the peace against such lessor as aforesaid, no lessee or occupier of the property in respect of which such lessor shall be rated shall be disabled or prevented from giving evidence therein by reason of his being such lessee or occupier, or of any liability to pay rate in respect of such property: Provided always, that no action shall be brought in any of the superior courts of record in Dublin without the consent of the poor law commissioners.
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