with refpect to fuch Prisoner, and with refpect to the Petition of fuch Prifoner, and the Matter of the fame, and with respect to the Eftate and Effects of fuch Prifoner, and with refpect to the Creditors of fuch Prisoner, as fuch Court could or might do under or by virtue of the faid recited Act, if fuch Petition had been presented to fuch Court in open Court, during the Sitting of the said Court; any thing in the said recited Act to the contrary notwithstanding; and all Judgments, Orders, Directions, Proceedings, Acts, Matters and Things, for or relating to the difcharging or remanding of any fuch Prifoner, fo made, given, taken or done by fuch Judge, fhall be as good, valid and effectual to all Intents and Purposes, as if fuch Judgments, Orders, Directions, Proceedings, Acts, Matters and Things had been done by the faid Court, in open Court, during the Sitting of the faid Court, to all Intents and Purposes whatsoever.

II. And Whereas Prisoners claiming the Benefit of the faid A& or this Act, may be liable to be deprived of fuch Benefit on account of mere Matters of Form, or Errors or Omiffions in their Petitions, Schedules or other Proceedings directed by the faid Act;' Be it therefore enacted, That it fhall and may be lawful to and for Court or Judge the Court or Judge to whom any Prifoner fhall apply under the faid may amend recited Act or this Act, to be difcharged under the Provifions of the Schedules, &c. faid A&t or this Act, to amend all Matters of Form, and to fupply any Omiffions, and to correct any Errors in the Petition, Schedules or other Proceedings directed by the faid recited A&t or this Act, in cafe the fame fhall appear to the said Court or Judge to have arifen from Ignorance, Mistake or Inadvertency, and not to have been wilful or fraudulent; any thing in the faid recited Act or this Act to the contrary notwithstanding.

III. And be it further enacted, That in cafe any Prifoner who fhall have been discharged or remanded under or by virtue of an Act made in the Parliament of Ireland, in the Thirty feventh Year of His prefent Majefty's Reign, intituled An A8 for the Relief and Maintenance of Infolvent Debtors detained in Prifon, or of an A&t made in the Fiftieth (a) Year of His present Majefty's Reign, to extend and amend the Provifions of the faid recited Act of the Thirty feventh Year of His prefent Majefty's Reign, fhall present a Petition to any Court or Judge, for the Purpose of taking the Benefit of the faid recited Act of laft Seffion of Parliament, or this Act; it shall and may be lawful for fuch Court or Judge to receive fuch Petition and any Schedule annexed thereto, and to discharge such Prisoner, in cafe fuch Court or Judge fhall think fit fo to do, upon his conforming to the Directions of the faid recited A&t of the laft Seffion of Parliament, or this A&t; although fuch Prifoner may have been discharged or remanded under the Provifions of the faid recited Acts of the Thirty feventh and Fiftieth Years of His present Majesty's Reign, or either of them, at any time within the Period of Five Years previous to the prefenting fuch Petition by fuch Petitioner, under the faid recited Act of the laft Seffion of Parliament, or this A&; any thing in the faid recited A&t of the laft Seffion of Parliament to the contrary in any wife notwithstanding. (a) [Repealed, 53 G. 3. c. 138. 1.]

[See as to England, cc. 23. 28. ante.]

Prifoners dif

charged or remanded under 37G. 3. (I.)

c. 49. or

50 G. 3. c. 47.
may take

Benefit of
53 G. 3. c. 138.

17 G. 2. (I.)

C. IO.

1 G. 3. (I.) c. 17.

17 G. 2. (I.) C. 10. § I.

What Proof
neceffary to re-
cover Penalties
for burning

Land under
Act.

CA P. CXV.

An Act to amend an Act of the Parliament of Ireland, for preventing the pernicious Practice of burning Land; and for the more effectual destroying of Vermin.

[23d July 1814.]

WHEREAS an Act was made in the Parliament of Ireland

in the Seventeenth Year of the Reign of His late Majefty King George the Second, intituled An Act to prevent the pernicious Pradice of burning Land; and for the more effectual deftroying of Vermin; and which was amended and made perpetual by an Act 'made in the Parliament of Ireland in the First Year of the Reign of His prefent Majefty; and by feveral Acts fince made in the • Parliament of Ireland, the faid Firft recited A&t has been from ⚫ time to time amended: And Whereas by the faid first recited Ac it is, amongst other things, enacted, that if the Soil or Surface of any Land shall be burnt or permitted to be burnt by the first Leffee 'or Leffees of fuch Land, his, her or their Heirs, Executors, Ad. 'ministrators or Affigns, then the Penalty of Forty Shillings in the faid Act mentioned, for every English Statute Acre fo burnt, fhall and may be recovered of fuch Offender or Offenders, by his, her or their Leffor or Leffors, their Heirs, Succeffors or Affigns refpectively, or by the Perfon or Perfons who for the time being fhall be entitled to the Rent or Reverfion or Remainder of the faid • Premises; and if the Soil or Surface of any Land shall be burnt or be permitted to be burnt by the Poffeffor or Occupier of fuch Land holding or enjoying the fame by Leafe or Contract from the firft Leffee or Leffees of fuch Land, his, her or their Heirs, Executors, Administrators or Affigns, or from any Perfon or Perfons deriving or holding under them any or either of them, then the faid Penalty of Forty Shillings for every English Statute Acre fo burnt, 'fhall and may be recovered of and from fuch Offender or Offenders, his, her or their immediate Leffor or Leffors, his, her or their Heirs, Executors, Adminiftrators or Affigns: And Whereas Difficulties and Inconveniences have occurred and may occur in Suits inftituted by the Devisee or Devisees of any Leffor or Leffors in fuing for the Penalties under the faid first recited Act and the feveral Acts in force in Ireland for the Amendment of the fame, from the Neceffity of producing the Will under which the Title of fuch Devifee or Devifees is derived, and Witneffes to prove the fame, and like Difficulties and Inconveniences have occurred and may occur to Perfons entitled to the Rent reserved, or to the Reversion or Remainder expectant on any Leafe or Demise from the Neceffity of producing the Title Deeds or Settlements, under which the Title of fuch Perfon or Perfons is derived, and Witnesses to prove the fame;' For Remedy whereof, be it enacted by The King's Most Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That in every Suit for Recovery of the Penalty or Penalties for burning Land under the faid firft recited Act and the feveral Acts in force in Ireland, or any of them, for the Amendment thereof, it fhall be deemed full and fufficient Proof of Title in the Plaintiff or Plaintiffs

in fuch Suit or Suits, and that he, fhe or they is or are in Point of Title competent to bring and maintain fuch Suit or Suits if it shall be duly proved on his, her or their Behalf, that he, fhe or they has or have for One Year at least after the Death of the Leffor or other Perfon next after whom he, fhe or they claim to be entitled, received the Rent referved in the Leafe or Demife under which the Lands are held, in refpect of which fuch Suit for fuch Penalty as aforefaid shall be brought, unless the Defendant in fuch Suit fhall prove that the Title to the Rent or Reverfion expectant on fuch Leafe or Demife is in fome other Perfon than the Plaintiff or Plaintiffs in fuch Suit.

CA P. CXVI.

An Act to repeal the feveral Laws for Recovery of small Sums
due for Wages in Ireland; and to make other Provifions for
Recovery of fuch Wages.
[23d July 1814.]

WHEREAS by an Act paffed in the Parliament of Ireland 2 G. 1. (1.)

in the Second Year of the Reign of His late Majefty King c.17. George the Firft, intituled An Ad to empower Juftices of the Peace to determine Difputes about Servants, Artificers, Day Labourers, Wages and other fmall Demands, and to oblige Maflers to pay the fame; and to punish idle and diforderly Servants; divers Provifions were made for enforcing the Payment of Wages due to Servants, Artificers and Day Labourers: And Whereas the faid Provifions

• have been amended, enlarged or modified by the feveral Acts here following paffed from time to time in Ireland; that is to fay,

⚫ an Act paffed in the Third Year of His late Majefty King George 3 G. 2. (I.) the Second, intituled An Ad to prevent unlawful Combinations of c. 14. Workmen, Artificers and Labourers employed in the feveral Trades and Manufactures of this Kingdom; and for the better Payment of their Wages; as alfo to prevent Abufes in making of Bricks, and to

afcertain their Dimenfions; an Act paffed in the Twenty fifth 25 G. 2. (I.) Year of His faid Majefty King George the Second, intituled An c.8. A& for the better adjufting and more eafy Recovery of the Wages of certain Servants, and for the better Regulation of fuch Servants, and of certain Apprentices; and for the Punishment of all fuch Owners of Coal and their Agents, as fhall knowingly employ and fet at Work Perfons retained in the Service of other Coal Owners; and alfo that mutual Debts between Party and Party be fet one against the other; an Act paffed in the Twenty ninth Year of His 29 G. 2. (1) faid Majefty King George the Second, intituled An Ad for con. c. 8. tinuing and reviving feveral temporary Statutes; and for amending and explaining an Act made in the Eighth Year of His late Majefty's Reign, continued and amended by an Ad made in the Twenty firft Year of His prefent Majefly's Reign, intituled An Ad for the further Amendment of the Law in relation to Butter and Tallow, Cafks, Hides and other Commodities of this Kingdom; and for preventing the Destruction of Salmon; an Act paffed in the Fifth Year of 5 G. 3. (1.) His prefent Majefty's Reign, intituled An A&t for continuing, reviving and amending jeveral temporary Statutes; and for empower ing the Grand Jury of the County of Kilkenny at the Affes to increase the yearly Salary of the Treafurer of the faid County: ⚫ And Whereas the faid Provifions of the faid feveral A&ts have • been

M m 3

C. 15.

repealed as to Payment of Wages to Servants, &c.

Commencement

of Act.

One Justice em

powered to hear

and determine

Complaints of
Servants, Artifi-

cers, and La.
bourers, for
Nonpayment
of Wages.

been found defective, and fome Doubts have occurred as to the • Conftruction thereof, and it is expedient that all the Provifions for enforcing the Payment of Wages due to Servants, Artificers and Labourers, should be comprised in One Act of Parliament;' Be it therefore enacted by The King's Moft Excellent Majesty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That, from and after One Month after the paffing of this Act, fo much of the faid hereinbefore recited Acts as relates to the Payment of Wages due to Servants, Artificers and Labourers, or to any of them, shall stand and be repealed; fave fo far as relates to any Proceedings that may have been commenced under the faid Acts, or any of them, before the Period aforefaid.

II. And be it further enacted, That this Act, and all the Matters and Provisions hereinafter contained, fhall commence and take Effect from and immediately after the faid time of the Repeal of the faid former Acts and not fooner.

III. And be it enacted, That, for the more eafy Recovery of Wages which fhall or may remain due, after the Commencement of this Act, or which fhall become due to any Labourer, Artificer or Servant in Ireland, whofe Demand fhall not exceed the Sum of Six Pounds, it fhall and may be lawful for any one Juftice of the Peace of the County in Ireland, where the Perfon or Perfons, or any of the Perfons alleged to owe the fame, shall refide, and for every Chief Magiftrate of any City or Town Corporate in Ireland, within his Jurifdiction, and they are hereby empowered and required, upon the Complaint of any fuch Labourer, Artificer or Servant, that he or the have been refused Payment of, or cannot receive his or her Wages due to him or her, to iffue his Summons in Writing to fuch Perfon or Perfons fo alleged to owe fuch Wages, or to any of them (not being a Peer or Peerefs), to appear before him; in which Summons the Sum demanded, and alfo the Place and Time for fuch Perfon's Appearance, fhall be expreffed; and upon fuch Perfon or Perfons fo fummoned appearing accordingly, or in case the said Perfon or Perfons fo fummoned fhall neglect or refufe to appear, according to fuch Summons, that then upon Proof on Oath, that the faid Summons was delivered to the faid Perfon or Perfons, or to any of them, or to his, her or their Son, Daughter or Menial Servant of the Age of Sixteen Years or upwards at fuch Perfon's ufual Place of Abode, fuch Justice of the Peace or Chief Magiftrate is hereby authorized and empowered to proceed to the hearing and determining of the faid Demand, as well by the examining fuch Witnefs or Witneffes as fhall appear before him, upon Oath, as by all other legal ways; and if neceffary, by Examination of the Party or Parties complaining or complained againft, on their respective Oaths, and to determine, order and adjudge whether any thing and how much fhall be paid by the said Perfon or Perfons to fuch Servant, Artificer or Labourer; and if fuch Perfon or Perfons fhall not pay the Sum which fuch Juftice of the Peace or Chief Magiftrate fhall fo adjudge to be due to fuch Servant, Artificer or Labourer, either immediately or within fuch time as the faid Juftice of the Peace or Chief Magiftrate fhall direct, not exceeding Ten Days, then the faid Justice of the Peace or Chief Magiftrate is hereby required and

empow.

empowered, by Warrant under his Hand and Seal, at the Inftance Master to pay of fuch Servant, Artificer or Labourer, directed to any Conftable or Sum adjudged Conftables of fuch County, City or Town, to levy fo much as fhall within Ten be fo ordered and adjudged due to fuch Sergant, Artificer or La- Days. bourer, by Diftrefs and Sale of the Goods and Chattels of fuch Perfon or Perfons fo refufing or omitting to pay the fame, according to the Determination of the faid Juftice or Chief Magiftrate, rendering the Overplus (if any there be) to fuch Perfon or Perfons: Provided always, that if reafonable Excufe on Oath, for the Non Juftice may attendance of any Perfon fo fummoned, fhall be made to the Satif. poftpone Hearfaction of fuch Juftice of the Peace or Chief Magiftrate, then and ing. in any fuch case it shall and may be lawful to and for fuch Juftice or Magiftrate to poftpone the Hearing of fuch Complaint to fuch further time, and to fuch Place as he shall think proper, and to issue a new Summons for fuch time and Place accordingly.

IV. And it is hereby declared, That all Perfons not being Arti- Labourers ficers or Servants, who fhall be employed to do any Species of Work defined. or Labour whatsoever for Hire, fhall be deemed and taken to be Labourers within the true Intent and Meaning of this Act, and shall be entitled to recover Wages, as fuch, under and according to the Regulations aforefaid.

V. And be it further enacted, That whenever it fhall appear, to the Satisfaction of fuch Juftice of the Peace or Chief Magiftrate, that fuch Servant, Artificer or Labourer, has been, or is likely to be detained from his or her Home or ufual Place of Refidence, by reafon of the Nonpayment of any Wages which fuch Juftice or Magiftrate fhall fo adjudge to be due, then and in every fuch cafe it fhall and may be lawful to and for fuch Juftice of the Peace or Chief Magiftrate, to order and adjudge that there be paid to fuch Servant, Artificer or Labourer, not only the Sum fo due for Wages as aforefaid, but also fuch further Sum, for the time during which fuch Servant, Artificer or Labourer, fhall have been there fo detained from his ufual Place of Refidence, as fuch Juftice or Magiftrate fhall think and adjudge to be reafonable, having regard to the Length of fuch Detention, the Diligence or Remiffnefs of either Party, the ufual Wages of fuch Servant, Artificer or Labourer, and the Wages which, within the time of fuch Detention, fuch Servant, Artificer or Labourer, did earn, or under all the circumstances of the cafe might have earned; and also a reasonable Sum by the Day, to be estimated in like manner, until fuch Wages fo adjudged to be due shall be recovered as aforefaid, or otherwife paid; fo as fuch additional Sums or Sum fo ordered and adjudged do not exceed the Sum of Two Pounds.

Justice may award further Sum to Servants, tion for Lofs &c. as Compenof time in recovering Wages.

Appeal to

Quarter Seffions.

VI. Provided always, That it shall be lawful for either Party to appeal to the next Quarter Seffions for the County, City or Place where fuch Order shall be made; which Quarter Seffions fhall finally determine the fame, and shall have Power thereon to give and award fuch Cofts, and alfo fuch Compenfation for fuch Detention as aforefaid, as may have taken place fubfequent to the Order fo appealed from, as fuch Court of Quarter Seffions fhall adjudge reasonable, not exceeding Ten Pounds, the fame to be levied by Diftrefs and Diftrefs. Sale as aforefaid.