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CANALS (IRELAND) ACT 1816 - SECT 3

Power to seize and detain vessels and goods by way of distress.

3. When and as often as any penalty or penalties, fine or fines, forfeiture or
forfeitures shall be incurred by reason of any offence or breach of any rule,
order, or regulation of the said directors, or by reason of any bye law to be
made by the said directors, under and by virtue of the powers by this Act
vested in them for that purpose, it shall and may be lawful to and for the
said directors, their officers and servants, or any of them, to seize, detain,
and withhold by way of distress any ship, boat, lighter, barge, or vessel, and
any goods, wares, merchandize, or commodities in the possession or under the
care or management of the person or persons incurring such penalty, fine, or
forfeiture; and if such distress shall not be redeemed by paying every such
penalty, fine, and forfeiture, together with the reasonable and necessary
charges for such distraining, within sixteen days after the taking thereof, it
shall and may be lawful to and for any two or more of His Majesty's justices
of the peace of the county in which such distress shall be made, and they are
hereby required, on information on oath being made before them of the
detention of such ship, boat, lighter, barge, or vessel, goods, wares,
merchandizes, or commodities, and of the imposition of such fine, penalty, or
forfeiture as aforesaid, and that the same had not been redeemed as aforesaid,
to issue their warrant under their hands and seals directed to some high or
petty constable of the said county, to levy the amount of every such penalty,
fine, and forfeiture, by sale of the said distress; and thereupon it shall and
may be lawful to and for the said constable to sell the said distress, or a
sufficient part thereof, for satisfaction and payment of every such penalty,
fine, and forfeiture, and of the charges of such distress and sale, paying the
overplus (if any) to the owner or owners, or person or persons having the care
or management of the ship, boat, lighter, barge, or vessel, or of the goods,
wares, merchandize, or commodities so distrained, and restoring to the said
owner or owners, person or persons aforesaid, such parts of the property
distrained as shall remain unsold (if any); and no replevin shall lie or be
granted or executed against such distress; and the absolute property of
everything so sold shall be and remain in the purchaser thereof.

© 1816 Crown Copyright

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