Summary Jurisdiction (Ireland) Act, 1851

Civil Jurisdiction.

Possession of small tenements.

Summons for recovery of possession of small tenements may be issued by justices.

Manner in which such summons shall be served.

Posting of summons on premises to be good service in certain cases.

On proof of right, justices may issue warrant to deliver possession.

If party summoned undertakes to deliver up possession and pay arrears of rent in 14 days, no warrant to issue till the expiration of that period.

If party continues in possession at the end of the 14 days, justices may issue warrant without further notice.

But Act not to protect persons who have no legal right to recover possession.

15. [1] The decision of claims to the possession of small tenements in certain towns and villages shall be subject to the following provisions:

1. Whenever the term or interest of the tenant of any house or of any part of a house situate in any city, town, borough, or village in which any fair or market is usually held, and which shall be held by him for any term not exceeding one month, at a rent not exceeding the rate of one pound sterling by the month, shall have ended, or shall have been duly determined by a legal notice to quit, if such tenant, (or, where such tenant shall not himself occupy the premises, or only a part thereof, if the person by whom the same or any part thereof shall be occupied,) shall neglect or refuse to deliver up possession of the same, it shall be lawful for the landlord of the said premises, or his known agent, or for the receiver of the rents of his estate, to cause such tenant or occupier to be served with a summons in writing, signed by any justice having jurisdiction in the place in which the said premises shall be situated, to appear before the justices at the petty sessions of the district in which the said premises shall be situated, to show cause why possession of the said premises should not be delivered up:

2. Such summons may be served upon such tenant or occupier either personally or by leaving the same for him with some person in occupation of such house or part of a house, and where the tenant of such house or part of a house shall not reside therein either by serving the same personally upon him or by leaving the same at his usual place of abode four clear days before the day appointed for the hearing of the matter of the said summons; but if the person so holding over cannot be found, and admission into the premises so overheld cannot be obtained, and the place of abode of such person not residing as aforesaid shall either not be known or admission thereto cannot be obtained, the posting of the said summons on some conspicuous part of the said premises shall be deemed to be good service upon such person:

3. If such tenant or occupier shall not appear at the time and place appointed, or shall appear, but shall not show to the satisfaction of the justices reasonable cause why possession should not be given, and shall still neglect or refuse to deliver up the possession of the said premises to the said landlord, agent, or receiver, it shall be lawful for the justices, upon proof of the holding, and of the end or determination of the tenancy, with the time and manner thereof, (and, where the title of the landlord shall have accrued since the letting of the premises, upon proof of the right by which he claims the possession,) to issue a warrant to the sub-inspector of the district within which such premises shall be situated, or to any other person as a special bailiff in that behalf, requiring and authorizing him, within a period to be therein named, not less than seven or more than ten clear days from the date of such warrant, to give possession of the premises to such landlord, agent, or receiver; and such warrant shall be a sufficient warrant to the said sub-inspector or bailiff to enter upon the premises, with such assistants as he shall deem necessary, and to give possession accordingly; but such entry shall not be made on a Sunday, Good Friday, or Christmas Day, or at any time except between the hours of nine in the morning and four in the afternoon.

4. But if such tenant or occupier shall appear before the justices, and shall give an undertaking (to be entered in writing by the clerk of petty sessions) quietly and peace-ably to deliver up, within fourteen days from the date thereof, possession of the premises of which he shall be such tenant or occupier, in good order and repair, to such landlord, agent, or receiver, and in the meantime to pay all rent and arrears of rent claimed by such landlord in respect to such premises, the justices shall not issue their warrant for giving possession till the expiration of such period of fourteen days; and if such tenant or occupier if shall at the expiration of such period continue in possession or occupation of the said premises, save by the permission of such landlord, agent, or receiver, it shall be lawful for the justices, at the instance of such landlord, agent, or receiver, to issue a warrant for giving possession of the same as aforesaid, and such warrant shall be executed forthwith, without further notice to such tenant or occupier:

Provided always, that nothing herein contained shall be deemed to protect any person by whom any such warrant to deliver possession of any such premises shall be sued out as aforesaid from any action which may be brought against him by any such tenant or occupier for or in respect of such entry and taking possession, where such person had not, at the time of suing out the same as aforesaid, lawful right to the possession of the said premises.

[1 These provisions extend to such small tenements herein described as are situate in any town or township within the police districts of Dublin Metropolis, although no fair or market be held therein, 34 & 35 Vict. c. 76. s. 10.]