Judgment Mortgage (Ireland) Act 1858

Power to Creditor to file supplemental Affidavit as to certain Matters.

Effect of supplemental Affidavit.

I. That wherever it shall appear that any of such Facts appear or have been so stated, recited, or referred to on the Document so registered as an Affidavit under the said recited Act before the passing of this Act, but are not included in or under the Verification on Oath therein contained, it shall and may be lawful for the Creditor under any such Judgment, Decree, Order, or Rule, or for any Person entitled, whether legally or equitably, to the Sum payable in respect of the same, or any Part thereof, or for any Person who would then be entitled to register an Affidavit of such Judgment, Decree, Order, or Rule so theretofore sought to be registered as aforesaid, on or before the First Day of July One thousand eight hundred and fifty-nine, to make and file, in addition to the original Affidavit in the Court in which such original Affidavit shall have been filed, a supplemental Affidavit verifying any such Fact or Facts so theretofore stated, recited, or referred to as aforesaid: Provided that in every supplemental Affidavit the Description and Residence or last known Place of Abode of the Defendant or Defendants as then known or existing shall be stated, and such Statement shall be deemed and taken as if the Description and Abode of the Defendant or Defendants had been verified in the original Affidavit to which such new Affidavit shall be supplemental, and to cause an Office Copy of such supplemental Affidavit to be attached to the Copy of the original Affidavit so previously deposited in reference to the same Judgment, Decree, Order, or Rule, which the Officer of the said Registry is hereby authorized and directed to do, on being paid the like Fees or Stamp Duty as are payable on the Registration of an Affidavit under the said recited Act; and such supplemental Affidavit, when so registered, shall have the like Operation and Effect as if the Facts so verified by same had been verified on Oath in such original Affidavit filed in respect of the same Judgment, Decree, Order, or Rule: Provided always, that nothing in this Act contained shall prejudice the Right or Title of any Person who shall previously to the passing thereof have obtained the Decision of any of Her Majesty’s Superior Courts of Law at Dublin as to the Sufficiency or Validity of the Registration or the Priority of any Judgment, Decree, Order, or Rule already registered; but every such, Judgment already registered shall entitle the Person by whom such Decision has been obtained, his Executors, Administrators, and Assigns, to the same Rights and Benefits to which he would have been entitled if this Act had not passed; so, nevertheless, that no Person claiming the Benefit of this Proviso shall be entitled to avail himself of this Act or the Powers hereby given for the Purpose of supplying any Defect in the Registration of such Judgment.