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JUDGMENT MORTGAGE (IRELAND) ACT 1850
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CAP. XXIX.
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An Act to amend the Laws concerning Judgments in Ireland. [15th July 1850.]
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& 6 W. 4. c. 55.
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3 & 4 Vict. c. 105.
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7 & 8 Vict. c. 90.
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11 & 12 Vict. c. 120.
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12 & 13 Vict. c. 95.
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Recited Provisions not to extend to Judgments, Decrees, &c. entered or made after passing of this Act.
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‘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.
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Existing Judgments, &c. not to affect Land purchased after pasting of this Act.
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II. And be it enacted, That where any legal or equitable Estate or Interest or any disposing Power in or over any Lands, Tenements, or Hereditaments shall, under any Conveyance, Lease, Deed, or Instrument executed after the passing of this Act, become vested in any Person as a Purchaser for valuable Consideration, such Lands, Tenements, or Hereditaments shall not be taken in Execution under any Writ of Elegit or other Writ of Execution (save as herein-after mentioned) to be sued upon any Judgment which before the passing of this Act has been entered up in any of Her Majesty’s Superior Courts at Dublin, or obtained in any Inferior Court of Record, against such Person, or any Decree, Order, or Rule which has been made before the passing of this Act for Payment by such Person of any Sum of Money, Costs, Charges, or Expenses, and no Receiver shall be appointed over such Lands, Tenements, or Hereditaments in respect of any Money due upon such Judgment, Decree, Order, or Rule, nor shall such Judgment, Decree, Order, or Rule operate as a Charge upon or in anywise charge or affect such Lands, Tenements, or Hereditaments, save as provided by this Act: Provided always, that this Enactment shall not take away or affect any Rights or Remedies which might have been had against or in relation to such Lands, Tenements, or Hereditaments, if this Act had not been passed, in respect of any Estate, Interest, Right, Title, or Power, in, to, or over the same, which may have been in such Person before the passing of this Act.
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Judgments, &c. already registered to be re-registered with in Five Years after passing of this Act.
9 G. 4. c. 35.
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III. And be it enacted, That no Judgment re-docketed or entered after Revival under an Act of the Ninth Year of King George the Fourth, intituled An Act to protect Purchasers for valuable Consideration in Ireland against Judgments not revived or re-docketed within a limited Time, and not before the passing of this Act registered under the raid Act of the Eighth Year of Her Majesty, and no Judgment, of any Superior Court registered under such last-mentioned Act before the passing of this Act, and no Decree or Order in any Court of Equity, Rule in any Court of Common Law, or Order in Bankruptcy or Lunacy, registered under the said Act of the Fourth Year of Her Majesty or the said Act of the Eighth Year of Her Majesty, before the passing of this Act, and no Judgment, Rule, or Order of any Inferior Court registered under the said Act of the Eighth Year of Her Majesty before the passing of this Act, shall, after the Expiration of Five Years from the passing of this Act, affect Lands, Tenements, or Hereditaments, as to Purchasers, Mortgagees, or Creditors, unless and until a like Memorandum or Minute as is required for a Registry thereof under the said Act of the Eighth Year of Her Majesty be left with the Officer appointed under that Act within Five Years before the Execution of the Conveyance, Settlement, Mortgage, Lease, or other Deed or Instrument vesting or transferring the legal or equitable Right to the Estate or Interest in or to any such Purchaser or Mortgagee for valuable Consideration, or, as to Creditors, within Five Years before the Right of such Creditor accrued: Provided always, that where Twenty Years from the Date of the Redocket or Entry under the said Act of the Ninth Year of King George the Fourth of any Judgment has expired, or will expire before the Expiration of Five Years from the passing of this Act, nothing in this Enactment contained shall be taken to dispense with the Registry under the said Act of the Eighth Year of Her Majesty of such Judgment within such Twenty Years, or to give any greater Validity or Effect to such Judgment than the same would have had under the Provisions of the said Act of the Eighth Year of Her Majesty in case this Act had not been passed.
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All Judgments, &c. registered or re-registered after the passing of this Act to be re-registered every Five Years.
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IV. And be it enacted, That no Judgment of any Superior Court, Decree, or Order in any Court of Equity, Rule in any Court of Common Law, Order in Bankruptcy or Lunacy, or Judgment, Rule, or Order of any Inferior Court, which, after the passing of this Act, shall be registered or re-registered under the said Act of the Eighth Year of Her Majesty or this Act, shall, after the Expiration of Five Years from the Date of such Registry or Re-registry thereof, affect Lands, Tenements, or Hereditaments, as to Purchasers, Mortgagees, or Creditors, unless and until a like Memorandum or Minute as was required in the first instance be again left with such Officer as aforesaid, within Five Years before the Execution of the Conveyance, Settlement, Mortgage, Lease, or other Deed or Instrument vesting or transferring the legal or equitable Right to the Estate or Interest in or to any such Purchaser or Mortgagee for valuable Consideration, or, as to Creditors, within Five Years before the Right of such Creditor accrued, and so toties quoties at the Expiration of every succeeding Five Years.
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Lis pendens not to affect Purchasers, &c. unless registered within Five Years before Execution of Conveyance, &c.
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V. And be it enacted, That no Lis pendens shall bind or affect a Purchaser or Mortgagee, without express Notice thereof, unless and until a like Memorandum or Minute as is required for a Registry thereof under the said Act of the Eighth Year of Her Majesty be left with the Officer appointed under that Act, within Five Years before the Execution of the Conveyance, Settlement, Mortgage, Lease, or other Deed or Instrument vesting or transferring the legal or equitable Right to the Estate or Interest in or to such Purchaser or Mortgagee for valuable Consideration, save where such Lis pendens has been registered under the said Act of the Eighth Year of Her Majesty before the passing of this Act, and such Conveyance, Settlement, Mortgage, Lease, or other Deed or Instrument is executed within Five Years after the passing of this Act.
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Creditors under Judgments, Decrees, &c. entered up or made after passing of Act may file Affidavit of Ownership of Lands, and register same in Office for registering Deeds, and Creditors under Judgments, Decrees, &c. entered up or made before passing of Act may file and register a like Affidavit in respect of Lands purchased after passing of Act.
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VI. And be it enacted, That where any Judgment shall be entered up after the passing of this Act in any of Her Majesty’s Superior Courts at Dublin, or any Decree or Order in Any Court of Equity, Rule in any Court of Common Law, or Order in Bankruptcy or Lunacy, to which the Effect of a Judgment in One of the Superior Courts of Common Law is given by the said Act of the Fourth Year of Her Majesty, shall be made after the passing of this Act, of any Judgment, Rule, or Order shall be obtained or made in or by any Inferior Court of Record after the passing of this Act, and shall, under the Provisions of the paid Act of the Fourth Year of Her Majesty, be removed into One of Her Majesty’s Superior Courts of Record at Dublin, and the Creditor under any such Judgment, Decree, Order, or Rule shall know or believe that the Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made is seised or possessed at Law or in Equity of any Lands, Tenements, or Hereditaments, of any Nature or Tenure, or has any disposing Power over any such Lands, Tenements, or Hereditaments which he may without the Assent of any other Person exercise for his own Benefit, and where any Judgment has been entered up before the passing of this Act in any of Her Majesty’s Superior Courts at Dublin, or any Decree or Order in any Court of Equity, Rule in any Court of Common Law, or Order in Bankruptcy or Lunacy, to which the Effect of a Judgment in one of the Superior Courts of Common Law is given by the said Act of the Fourth Year of Her Majesty, has been made before the passing of this Act, or any Judgment, Rule, or Order has been obtained or made in or by any Inferior Court of Record before the passing of this Act, and has been or shall be, under the Provisions of the said Act of the Fourth Year of Her Majesty, removed into one of Her Majesty’s Superior Courts at Dublin, and the Creditor under any such Judgment, Decree, Order, or Rule shall know or believe that the Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made is seised or possessed as aforesaid of, or has such disposing Power as aforesaid over, any Lands, Tenements, or Hereditaments which by virtue of this Act are exempted from being taken in execution under any Writ of Execution to be issued upon such Judgment, Decree, Order, or Rule, it shall be lawful for such Creditor, at any Time and from Time to Time after the entering up or Removal of such Judgment in or into such Superior Court, or the making of such Decree, Order, or Rule, or the passing of this Act, whichever shall last happen, to make and file in the Superior Court in, by, or into which such Judgment, Rule, or Order is entered up, made, or removed, or in the Court of Equity by which such Decree or Order is made, or in the Case of such Order in Bankruptcy or Lunacy as aforesaid, in the Court of Chancery in Ireland, an Affidavit stating the Name or Title of the Cause or Matter, and the Court in which such Judgment, Decree, Order, or Rule has been entered up, obtained, or made, and the Date of such Judgment, Decree, Order, or Rule, and the Names, and the usual or last known Place of Abode, and the Title, Trade, or Profession of the Plaintiff (if there be such), and of the Defendant or Person whose Estate is intended to be affected by the Registration, as herein-after mentioned, such Affidavit, and the Amount of the Debt, Damages, Costs, or Monies recovered or ordered to be paid by such Judgment, Decree, Order, or Rule, and stating that, to the best of the Knowledge and Belief of the Deponent, the Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made is at the Time of the swearing of such Affidavit so seised or possessed, or has such disposing Power as aforesaid, of or over such Lands, Tenements, or Hereditaments, and such Affidavit shall specify the County and Barony, or the Town or County of a City, and Parish, or the Town and Parish, in which the Lands to which the Affidavit relates are situate, and where such Lands lie in Two or more Counties or Baronies, or Parishes or Streets, or partly in One Barony, Parish, or Street and partly in another, the some shall be distinctly stated in such Affidavit; and it shall be lawful for the Creditor making such Affidavit to register the same in the Office for registering Deeds, Conveyances, and Wills in Ireland, by depositing in such Office an Office Copy of such Affidavit; and such Copy shall be numbered and transcribed, and shall be entered in the Books and Indexes kept in the said Office, in like Manner as if the same were a Memorial of a Deed; and for the Purpose of such Entries the Creditor under such Judgment, Decree, Order, or Rule shall be deemed the Grantee, and the Debtor thereunder shall be deemed the Grantor; and the Amount of the Debt, Damages, Costs, or Monies recovered or ordered to be paid thereby shall be deemed the Consideration; and the like Fee shall be paid on such Registration as in the Case of registering a Memorial of a Deed.
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Registration of Affidavit to have the Effect of a Mortgage.
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VII. And be it enacted, That the Registration as aforesaid of such Affidavit shall operate to transfer to and vest in the Creditor registering such Affidavit all the Lands, Tenements, and Hereditaments mentioned therein, for all the Estate and Interest of which the Debtor mentioned in such Affidavit shall at the Time of such Registration be seised or possessed at Law or in Equity, or might at such Time create by virtue of any disposing Power which he might then without the Assent of any other Person exercise for his own. Benefit, but subject to Redemption on Payment of the Money owing on the Judgment, Decree, Order, or Rule mentioned in such Affidavit; and such Creditor, and all Persons claiming through or under him, shall, in respect of such Lands, Tenements, and Hereditaments, or such Estate or Interest therein as aforesaid, have all such Rights, Powers, and Remedies whatsoever as if an effectual Conveyance, Assignment, Appointment, or other Assurance to such Creditor of all such Estate or Interest, but subject to Redemption as aforesaid, had been made, executed, and registered at the Time of registering such Affidavit.
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Voluntary Conveyances after Judgment entered up void as against the Creditor.
10 Car. 1. (I.)
Not to affect Provisions as to fraudulent Conveyances.
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VIII. And be it enacted, That where an Affidavit shall be registered as aforesaid, every such Conveyance and other Act whatsoever made or done after the Date of the Judgment, Decree, Order, or Rule mentioned in such Affidavit, of and concerning any Lands, Tenements, or Hereditaments mentioned in such Affidavit, as under an Act of the Parliament of Ireland passed in the Tenth Year of King Charles the First, intituled An Act against covenous and fraudulent Conveyances, would be deemed void against Purchasers for Money or other good Consideration, shall be void as against the Creditor registering such Affidavit, and the like Remedies may be had in respect of such Lands, Tenements, and Hereditaments as if such Conveyance or other Act had not been made or done: Provided always, that nothing herein contained shall in anywise affect the Provisions of the same Act concerning Conveyances and other Acts had or made to the Intent to delay, hinder, or defraud Creditors.
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Registrar of Deeds, upon Lodgment of Certificate of Satisfaction of Judgement, &c., to enter Memorandum thereof upon Entries of Affidavit.
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IX. And be it enacted, That upon the Lodgment in the said Office for registering Deeds, Conveyances, and Wills of such Certificate of the Entry of Satisfaction upon the Roll of any Judgment, or of such Certificate of any Decree, Rule, or Order having been performed, complied with, or satisfied, as is mentioned in the said Act of the Twelfth Year of Her Majesty, the Registrar of the said Office shall, where an Affidavit has been registered under this Act in respect of such Judgment Decree, Rule, or Order, cause a Memorandum of Satisfaction thereof to be subscribed to the several Entries of such Affidavit in the Books kept at the said Office, specifying the Date at which Satisfaction of such Judgment appears by such Certificate lo have been entered on Record, or, in the Case of any such Decree, Rule, or Order, specifying the Date of the Certificate; and upon every Certificate of Search made in the said Office subsequently to the Entry of such Memorandum as aforesaid whereon such Affidavit shall appear the Entry of such Memorandum shall be stated.
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Act not to affect Execution by Fieri facias.
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X. Provided always, and be it enacted, That all such Chattel Interests in Lands, Tenements, or Hereditaments as might have been taken in Execution under any Writ of Fieri facias if the said Act of the Fourth Year of Her Majesty had not been passed, may be taken in Execution and otherwise dealt with under any Writ of Fieri facias already issued or hereafter to be issued, anything in this Act contained notwithstanding.
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Rights of Judgment Creditor in Administration of Assets preserved.
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XI. And be it enacted, That in the Administration in Courts Equity of the Assets of any Person against whom any Judgment, Decree, Order, or Rule has been or shall be entered up, obtained, or made, either before or after the passing of this Act, who shall die seised of or entitled to any Estate or Interest in Lands, Tenements, or Hereditaments, the Creditor under such Judgment, Decree, Older, or Rule shall have the same Rights upon and in respect of such Lands, Tenements, or Hereditaments as if this Act had not been passed.
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3 & 4 Vict. c. 105. s. 22. net to extend to Interests created by Securities for Money.
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XII. ‘And whereas Doubts have arisen whether under the recited Provision of the said Act of the Fourth Year of Her Majesty Judgments against Persons having Securities upon Land for Payment of Money may not operate as a Charge upon such Land, or affect the Title thereto; and it is expedient that such Doubts should be removed:’ Be it therefore declared and enacted, That no Judgment, Decree, Order, or Rule shall under the said Act of the Fourth Years of Her Majesty operate or be deemed to have operated as a Charge upon any Estate, Interest, or Title in or to Lands, Tenements, or Hereditaments vested in or subject to the Power of Disposition of any Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made, where such Estate, Interest, or Title is so vested or subject to such Power as aforesaid, by way of Mortgage or otherwise, as a Security for the Payment of any Money, or consists of any Judgment or Lien or any Money thereby secured or recoverable, or any Sum or Sums of Money (except Rents and Rent-charges) charged upon or payable out of Lands, Tenements, or Hereditaments: Provided always, that this Section shall not in any Manner extend or apply to any Case in which the above Doubts, or any Question thereon, have or hath been already argued or raised in any Proceeding now depending in any Court of Equity in Ireland.
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Act may be amended, &c.
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XIII. And be it enacted, That this Act may be amended or repealed in this present Session of Parliament.
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