Ejectment and Distress (Ireland) Act, 1846

Sheriff, &c. may with consent of plaintiff execute a writ or decree for possession in ejectment, without the removal of the under-tenants or occupiers, on their signing acknowledgments according to forms in schedule (A.)

Execution of renewal of writ or decree in common form of law in certain cases.

8. [2] It shall be lawful for the sheriff or his bailiff or officer, upon the consent in writing of the plaintiff, or the attorney for the plaintiff, to execute any writ of habere facias possessionem in any action of ejectment or any civil bill decree for the recovery of the possession of lands and tenements, without removing therefrom or disturbing the possession or occupation of any under tenant or occupier who shall at the time of the execution of such writ or decree sign with his or her name or mark, attested by such sheriff or officer, an acknowledgment according to either of the forms (No. 1 and 2) in the schedule (A.) to this Act annexed, or as near thereto as the nature of the case will admit, which acknowledgment or acknowledgments shall be endorsed on or attached to such writ or civil bill decree, and shall not be subject to any stamp duty, and a copy thereof, if required, shall be delivered by the sheriff or his officer under his hand to the plaintiff, or his attorney; and the execution of any such writ or decree in the manner hereby authorized shall be as valid and effectual to all intents as if such writ or decree had been executed, and the possession of the premises had been delivered in common form of law; provided that in any such case, save and except where any such under-tenant or occupier shall have attorned as tenant to the plaintiff, pursuant to the form (No. 1) in the schedule (A..) to this Act annexed, it shall be lawful for the plaintiff, at any time within six calendar months from such execution of such writ or decree, on application to the court from which such writ of execution or decree issued, to obtain a renewal of such writ or decree to be again executed, at the cost and charge of such plaintiff, in common form of law, as to the whole or as to any part of the said lands; and such renewal shall be without prejudice to any right or interest vested in such plaintiff, by virtue of such first execution of such writ or decree.: Provided also, that nothing herein contained shall be construed to prevent any plaintiff from having any such writ or decree executed in common form of law, if he shall so think fit.

[S. 9 rep. 23 & 24: Vict. c. 154, s. 104.]