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Recovery of Assessment from Lessors by Action or Civil Bill, or by Warrant of Distress.
If Assessment be not paid by the Lessor, it may be recovered from the Occupier, who may deduct it from Rent.
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LXV. Any Assessment made as aforesaid on any Lessor shall be recovered from him by personal Action in the Name of the Clerk of the Commissioners, and, by their Direction, 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 such Town, the Collector may leave at the Dwelling House of such Lessor such a Notice as herein-before provided requiring Payment of the Assessment within Ten Days; and if such Assessment be not paid within such Time, the same may be recovered upon a Complaint before a Justice, and by Distress and Sale, under the Warrant of a Justice, of the Goods of such Lessor, in manner herein-before provided as to Assessments; and if a sufficient Distress of the Goods and Chattels of such Lessor cannot be found within such Town, then on Oath thereof made before any Justice of the Peace of any County in which any of the Goods and Chattels of such Lessor may be found, the Goods or Chattels of such Lessor shall be subject and liable to such Distress and Sale in such County where the same may be found, and may by virtue of such Warrant be distrained and sold in the same Manner as if the same had been found within such Town; and if such Assessment be not paid by such Lessor within Four Months after the making thereof, it shall be lawful for the Collector, by Direction of the Commissioners, to give a Notice in Writing as aforesaid to the Occupier or respective Occupiers for the Time being; of any such Property to pay the Assessment due in respect of the Property in his or their Occupation; and after the Expiration of One Calendar Month from the Time of giving such Notice it shall be lawful to recover such last-mentioned Assessment from every such Occupier, or, in his Default, from any subsequent Occupier of the Premises; and every such Occupier so paying such Assessment may deduct from the Rent he may be then or next thereafter liable to pay in respect of any such Property the whole of any such Assessment he may have paid in respect of the same Property; and if Rent sufficient to cover such Assessment be not then or do not thereafter become due from such Occupier, he shall be entitled to recover the same from such Lessor by Civil Bill; and so much of “The Towns Improvement Clauses Act, 1847,” as relates to the Manner of making Rates, shall be incorporated with and form Part of this Act.
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