Dail Eireann Courts (Winding Up) Act, 1923, Amendment Act, 1924
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Pleading and enforcement of registered decrees. |
7.—(1) Sub-section (5) of section 5 of the principal Act shall be read and construed as if the words “or for the purpose of asserting or maintaining any right or title to any property declared by or transferred under any registered decree” were inserted after the words “in any proceeding” in said sub-section. | |
(2) Sub-section (2) of section 20 of the principal Act shall be read and construed as if the following paragraph, that is to say:— | ||
“(e) making any order for the appointing of a receiver by way of equitable execution, or for the attachment of debts owing or accruing from a garnishee, or making any instalment order or any committal order under section 6 , of the Debtors Act (Ireland) 1872 , for the purpose of enforcing any registered decree”: | ||
was inserted after paragraph (d) in said sub-section. | ||
(3) For the purpose of the registration of any affidavit to have the effect of a mortgage under section 7 of the Judgment-Mortgage (Ireland) Act, 1850, a registered decree shall be deemed to be a judgment entered up after the passing of the said Act in one of the Superior Courts in section 6 of said Act mentioned or in the Court to which the jurisdiction formerly exercised by the said Court has been transferred, and the Court of the Commissioners shall, for the purposes of the said Act, be deemed to be one of the said Superior Courts or the Court to which this said jurisdiction was transferred and to be the Court in which the affidavit specified in said section 6 may be filed, and the provisions of said section 6 as to registration shall apply to an affidavit so filed. | ||
(4) The expression “registered decree” shall, where the context so admits, include and be deemed to have always included an order of the Commissioners entered upon the Register. |