Judgment Mortgage (Ireland) Act 1850
JUDGMENT MORTGAGE (IRELAND) ACT 1850 | ||
CAP. XXIX. | ||
An Act to amend the Laws concerning Judgments in Ireland. [15th July 1850.] | ||
& 6 W. 4. c. 55. | ||
3 & 4 Vict. c. 105. | ||
7 & 8 Vict. c. 90. | ||
11 & 12 Vict. c. 120. | ||
12 & 13 Vict. c. 95. | ||
Recited Provisions not to extend to Judgments, Decrees, &c. entered or made after passing of this Act. | ||
‘WHEREAS by an Act passed in the Sixth Year of the Reign of His late Majesty King William the Fourth, intituled An Act for facilitating the Appointment of Sheriffs in Ireland, and the more effectual Audit and passing of their Accounts; and for the more speedy Return and Recovery of Fines, Fees, Forfeitures, Recognizances, Penalties, and Deodands; and to abolish certain Offices in the Court of Exchequer in Ireland; and to amend the Laws relating to Grants in custodiam and Recovery of Debts in Ireland; and to amend an Act of the Second and Third Years of His present Majesty, for transferring the Powers and Duties of the Commissioners of Public Accounts in Ireland to the Commissioners for auditing the Public Accounts of Great Britain, it was enacted, that it should be lawful for any Person entitled to sue out or who had already sued out a Writ of Elegit upon any Judgment recovered in any of His Majesty’s Courts at Dublin, or to issue or who had issued Execution in any Suit or Proceeding on any Recognizance there, to apply by Petition to the Court of Chancery, or to the Court of Exchequer at the Equity Side thereof, for an Order that a Receiver might be appoint of the Rents and Profits of the entire, and not of a Moiety only, of all Lands, Tenements, or Hereditaments which he would be entitled to have extended or appraised under a Writ of Elegit, or extended, seized, or taken under a Writ of Levari facias, or other Proceeding on such Recognizance, or to have a Receiver thereof appointed by that Court extended to that Matter, and it should be lawful for the Court to appoint or extend a Receiver accordingly over the whole thereof, or over so much thereof as should appear to it sufficient for the Purposes of paying the Sum due on such Judgment or Recognizance: And whereas by an Act passed in the Fourth Year of Her Majesty’s Reign, intituled An Act for abolishing Arrest on Mesne Process in Civil Actions, except, in certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for the further Amendment of the Law and the better Advancement of Justice, in Ireland, it was enacted, that it should be lawful for the Sheriff or other Officer to whom any Writ of Elegit, or any Precept in pursuance thereof, should be directed at the Suit of any Person, upon any Judgment which at the Time appointed for the Commencement of that Act should have been recovered or should be thereafter recovered in any Action in any of Her Majesty’s Superior Courts at Dublin, to make and deliver Execution unto the Party in that Behalf suing of all such Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments, including Lands and Hereditaments which might be of Copyhold Tenure, as the Person against whom Execution was so sued, or any Person in trust for him, should have been seised or posseesed of at the Time of entering up the said Judgment or at any Time afterwards, or over which such Person should at the Time of entering up such Judgment or at any Time afterwards have any disposing Power which he might without the Assent of any other Person exercise for his own Benefit, in like Manner as the Sheriff or other Officer might then make and deliver Execution of One Moiety of the Lands and Tenements of any Person against whom a Writ of Elegit was sued out; and it was enacted, that it should be lawful for any Person entitled to sue out or who had already sued out a Writ of Elegit upon any Judgment recovered in any of Her Majesty’s Courts at Dublin, or to issue or who had issued Execution in any Suit or Proceeding on any Recognizance there, to apply by Petition to the Court of Chancery, or to the Court of Exchequer at the Equity Side thereof, for an Order that a Receiver might be appointed over any Lands, Tenements, Rectories, Tithes, Annuities, Rents, or Hereditaments by that Act made liable to be seized, extended, appraised, or taken in Execution on any such Judgment, or to order that any Receiver appointed before the passing of that Act over the Property of any Judgment Debtor might be extended to the Matter of such new Petition, and that in proceeding under the said Act of the Sixth Year of King William the Fourth and the Act now in recital the said Court of Chancery and Court of Exchequer at the Equity Side thereof should have Power to appoint or extend a Receiver in a summary Way, on a Petition at the Instance of such Person, over any Property of such Judgment Debtor which such Creditor would or could make available for the Payment of his Judgment Debt by filing (after a Writ of Execution had been issued and returned at Law upon such Judgment) a Bill in a Court of Equity, or by any Writ of Execution at Law, or (subject to the Proviso therein-after contained) by Petition under the Provisions of the Act now in recital, and it should be lawful for the said Courts respectively to appoint or extend a Receiver accordingly over the whole thereof, or over so much thereof as should appear to be sufficient for the Purposes of paying the Sum due on such Judgment or Recognizance; and it was enacted, that a Judgment already entered up or to be thereafter entered up against any Person in any of Her Majesty’s Superior Courts at Dublin should operate as a Charge upon all Lands, Tenements, Rectories, Advowsons, Tithes, Rents, and Hereditaments, including Lands and Hereditaments of Copyhold Tenure, of or to which such Person should at the Time of entering up such Judgment or at any Time afterwards be seised, possessed, or entitled for any Estate or Interest whatever, at Law or in Equity, whether in possession, reversion, remainder, or expectancy, or over which such Person should at the Time of entering up such Judgment or at any Time afterwards have any disposing Power which he might without the Assent of any other Person exercise for his own Benefit, and should be binding as against the Person against whom Judgment should be so entered up, and against all Persons claiming under him after such Judgment, and should also be binding as against the Issue of his Body, and all other Persons whom he might without the Assent of any other Person cut off and debar from any Remainder, Reversion, or other Interest in or out of any of the said Lands, Tenements, Rectories, Advowsons, Tithes, Rents, and Hereditaments, and that every Judgment Creditor should have such and the same Remedies in a Court of Equity against the Hereditaments so charged by virtue of that Act or any Part thereof as he would be entitled to in case the Person against whom such Judgment should have been so entered up had Power to charge the same Hereditaments, and had by Writing under his Hand agreed to charge the same, with the Amount of such Judgment Debt and Interest thereon, subject to the Provisoes in such Act contained; and by the lastly recited Act the Effect of Judgments in the Superior Courts of Common Law was given to certain Decrees, Orders, and Rules for Payment of Monies, Costs, Charges, and Expenses: And whereas an Act was passed in the Eighth Year of Her Majesty, intituled An Act for the Protection of Purchasers against Crown Debts, Lis pendens, and Commissions of Bankruptcy, and for providing One Office for the registering of all Judgments in Ireland, and for amending the Laws in Ireland respecting Bankrupts and the Limitation of Actions; and an Act was passed in the Twelfth Year of Her Majesty, intituled An Act to facilitate the Transfer of Landed Properly in Ireland: And whereas an Act was passed in the last Session of Parliament, “to amend the Law concerning Judgments in Ireland:” And whereas it is expedient further to amend such Law:’ Be it enacted by the Queen”s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Provisions herein-before recited of the said Acts of the Sixth Year of King William the Fourth and the Fourth Year of Her Majesty shall not in anywise extend or be applicable to any Judgment entered up in any of Her Majesty’s Superior Courts at Dublin, or obtained in any Inferior Court of Record, after the passing of this Act, nor to any Decree, Order, or Rule made after the passing of this Act, and no Writ of Elegit or Writ of Execution (save as herein-after mentioned) shall issue or be sued upon any such Judgment, Decree, Order, or Rule against any Lands, Tenements, or Hereditaments, or any Estate or Interest therein, be charged or affected by any such Judgment, Decree, Order, or Rule, save as provided by this Act. |