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Assistant barrister to hear and determine the civil bill.
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46. The assistant barrister shall in every such case of replevin hear and determine the civil bill, and, if it shall appear to him that such distress was legally made, and that the annual rent in respect of which such distress was made did not exceed fifty pounds, shall ascertain whether any and what rent was due to the defendant at the time of making such distress; and if it shall appear that any sum was due for rent, and that no tender of the sum so due was made before the said civil bill was lodged, it shall be lawful for such assistant barrister, and he is hereby required, to ascertain the sum due for rent, and to make a decree for payment of the same, and the costs fur defending such civil bill, and of such distress; and such sum and costs shall and may be evied by virtue of such decree; . . . and in case it shall appear that no rent was due at the time of such distress, or that a tender was made of the amount due, together with reasonable costs of distress, previous to the lodging of such civil bill, or that such distress was illegally made, it shall be lawful for the assistant barrister to direct the bond which shall have been so given as aforesaid to be delivered up to the party complaining of the distress, and also to make a decree, . . . for payment by the defendant to such party of such damages as the court may think fit, and, if necessary, to direct that such damages and costs shall be set off against or deducted from any rent then due or thereafter to accrue due by the party complaining, and to make a decree accordingly.
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