Church of Ireland Act, 1823

Notice of Warrants to be given to Inhabitants.

If Applotment of Sum so certified be delivered by Ministers, &c. to Constable, he shall proceed to levy Sums so applotted.

If no such Applotment, Constable, &c. to make an Applotment on Oath, and levy accordingly.

Distress.

XVII. And be it further enacted, That on every such Warrant there shall be endorsed by every such Sheriff the true Time of delivering thereof to such Constable or Constables, Collector or Collectors or other Person or Persons; and such Constables, Collectors or other Persons to whom such Warrant shall be directed, shall with all convenient Speed cause Notice thereof in Writing to be given to the Inhabitants and Landholders of such Parish or Place, by posting the same or a Copy thereof on the Door of the Parish Church or Chapel or on some other public and conspicuous Place within the said Parish or Place, and by serving or causing to be served a Counterpart or true Copy of such Notice on One of the Churchwardens or on any Two Householders of such Parish or Place; and in case, within Ten Days next after the posting of such Notice or Notices, an Applotment or Paper Writing, purporting to be an Applotment of the Sum and Sums so certified as aforesaid, signed by the Minister or Curate and Churchwarden or Churchwardens of such Parish or Place, shall be delivered to such Constable or Constables, Collector or Collectors or other Person or Persons to whom the said Warrant or Warrants shall have been directed, such Constable or Constables, Collector or Collectors or other Person or Persons, shall forthwith proceed to levy the Sums so appearing to be applotted, with such Interest, Poundage and Allowance as aforesaid, from the respective Inhabitants and Landholders of such Parish or Place, according to the said Paper Writing being an Applotment or purporting to be an Applotment (Demand being first made of the Amount thereof from such Inhabitants or Landholders respectively), by Distress and Sale of the Goods and Chattels of the respective Persons mentioned in the said Applotment or Paper Writing purporting to be an Applotment as aforesaid; but in case no such Applotment or Paper Writing purporting to be an Applotment shall be so delivered within the Space of Ten Days as aforesaid, it shall and may be lawful to and for such Constable or Constables, Collector or Collectors or other Person or Persons, and he and they is and are hereby required forthwith to applot the Sum and Sums so certified as aforesaid on the Inhabitants or Landholders of such Parish or Place respectively; and forthwith after such Applotment shall be so made, Oath being first made by such Constable or Constables, Collector or Collectors or other Person or Persons, before One of His Majesty’s Justices of the Peace of the County, County of a City, or County of a Town or Town Corporate, wherein such Church or Chapel is or are or shall be situate, or is or are or shall be proposed to be situate (which Oath every such Justice is hereby empowered to administer), that such last mentioned Applotment has been fairly, impartially and equally made, to the best of the Deponent’s Judgment and Belief, it shall and may be lawful to and for every such Constable and Constables, Collector and Collectors or other Person or Persons, and he and they is and are hereby required to levy and collect the Sum and Sums which shall have been so applotted as last mentioned, with such Interest, Poundage and Allowance as aforesaid, from the respective Inhabitants or Landholders of every such Parish or Place, according to such last mentioned Applotment (Demand being first made thereof), by Distress and Sale of the Goods and Chattels of the respective Persons named in the said last mentioned Applotment, rendering the Overplus in either or any of the said Cases to the Person or Persons whose Goods and Chattels shall be so distrained; and every such Distress to be made under or by virtue of this Act shall be in the Nature of an Execution irrepleviable, any Law or Laws to the contrary notwithstanding.