|
In case of breach of obligations, commissioners to issue warrant to their solicitor to proceed against the defaulters for the recovery of the arrears due, &c.
|
21. In case of any default made or condition broken by any person or persons who may have become bound by virtue of any obligation entered into pursuant to the provisions of this Act, it shall be lawful for the commissioners for the execution of this Act to issue their warrant or warrants from time to time to their solicitor for the time being, requiring such solicitor presently to proceed against all or any of the person or persons making default as aforesaid, his, her, and their heirs, executors, and administrators, for the recovery of such sum or sums as shall be them due and in arrear for or on account of the advances in respect whereof such writing obligatory may have been entered into, and such costs and charges attending such proceedings as shall be by law payable for the same, not exceeding the penalty in the said writing obligatory limited, the amount of which sum or sums so to be levied the said commissioners shall cause from time to time to be testified by their note in writing under their hands to such solicitor, and which sum or sums shall be inserted in the writ of process; and the like process shall and may from time to time issue as occasion shall require, and the sum or sums so recovered (the costs and charges aforesaid excepted) shall be paid into the Bank of Ireland, to the credit and account of the commissioners for the execution of this Act, and applied in like manner as other monies paid to the credit of such account, without abatement, deduction, or delay, in satisfaction of such sum or sums so due and in arrear as aforesaid; and it shall be in the discretion of the said commissioners to direct against which of the obligors in any security or writing obligatory entered into pursuant to the provisions of this Act proceedings shall be from time to time commenced or prosecuted; and the said commissioners shall have the control and superintendence of such prosecutions, and the same shall not be discontinued, quashed, or abated upon any pretence whatever, without the authority of the said commissioners, testified under their hands and seals, and exhibited to the barons of his Majesty’s Court of Exchequer in Dublin.
|