Debtors (Ireland) Act, 1840

Removal of judgments &c. of inferior courts.

30. In all cases where final judgment shall be obtained in any action or suit in any inferior court of record, in which at the time of passing of this Act a barrister of not less than six years’ standing shall act as judge, assessor, or assistant in the trial of causes, and also in all cases where any rule or order shall be made by any such inferior court of record as aforesaid, whereby any sum of money, or any costs, charges, or expences shall be payable to any person, it shall be lawful for the judges of any of her Majesty’s superior courts of record at Dublin, or for any judge of any of the said courts at chamber, either in term or vacation, upon the application of any person who at the time of the commencement of this Act shall have recovered or who shall at any time thereafter recover such judgment, or to whom any money, or costs, charges, or expences, shall be payable by such rule or order as aforesaid, or upon the application of any person on his behalf, and upon the production of the record of such judgment, or upon the production of such rule or order, such record, or rule or order, as the case may be, being respectively under the seal of the inferior court and signature of the proper officer thereof, to order and direct the judgment, or (as the case may be) the rule or order of such inferior court, to be removed into the said superior court; and immediately thereupon such judgment, rule, or order shall be of the same force, charge, and effect as a judgment recovered in or a rule or order made by such superior court; and all proceedings shall and may be immediately had and taken thereupon, or by reason or in consequence thereof, as if such judgment so recovered, or rule or order so made, had been originally recovered in or made by the said superior court; and all the reasonable costs and charges attendant upon such application and removal shall be recovered in like manner as if the same were part of such judgment, or rule or order: Provided always, that no such judgment, or rule or order, when so removed as aforesaid, shall affect any lands, tenements, or hereditaments as to purchasers, mortgagees, or creditors any further than the same would have done if the same had remained a judgment, rule, or order of such inferior court, unless and until a writ of execution thereon shall be actually put into the hands of the sheriff or other officer appointed to execute the same: Provided also, that nothing herein contained shall extend or apply to any decree, dismiss, rule, or order of any assistant barrister, or any order of any judge made upon any appeal from any such decree or dismiss, or to any decree or order of any manor court, or to any order made upon any appeal from any such decree or order.