Enforcement of Court Orders Act, 1751

ENFORCEMENT OF COURT ORDERS ACT 1751

CHAPTER XII.

An Act for the more effectual Execution of Orders of the Courts of Justice for giving and quieting Possessions; and also for the more effectual bringing to Justice such Persons, as shall inlist His Majesty's Subjects to serve as Soldiers in foreign Service without Licence.

Persons having right deemed in actual possession from time of resistance, as fully as if the process executed:

and intitled to the profits from the decree,

Payment to any other, void:

Persons keeping possession after resistance of process, forfeit to the party double value.

IV. And whereas it hath often happened, That possessions of lands and tenements have been held for a considerable time after such resistance and opposition as aforesaid, to the great loss and prejudice of those who have the right: be it further enacted by the authority aforesaid, That from henceforth whenever a sheriff or other officer duly authorized to execute any process of the law for giving, quieting, or restoring of the possession of lands or tenements, shall be forcibly resisted and prevented from executing the same, every person and persons, having right thereby to be quieted in or restored to their possessions, shall from the time of such resistance and opposition be held and deemed to be in the actual possession of such lands and tenements to all intents and purposes, and as fully and compleatly as if the sheriff or other officer had duly executed the process; and shall and are hereby declared to be intitled to the rents, issues, and profits of such lands and tenements from the time of the giving and pronouncing of the judgment or decree, on which such process was founded; and that the payment of rent for such lands and tenements, becoming or arising due from and after the time of such judgment or decree, to any other person or persons whatsoever shall be and is hereby declared to be unlawful and void; and all rents, issues, and profits, growing and accruing from and out of the same from the time of such judgment or decree, are hereby declared to be the property of the person and persons intitled to the possession under such judgment or decree; and that every the person and persons, who shall unlawfully keep possession of such lands, tenements, hereditaments, and premisses, after the sheriff or other officer shall have been prevented from executing such process as aforesaid, shall respectively forfeit to the person and persons, who ought to have been quieted or restored by such process as aforesaid, double the value of the rents, issues, and profits of such lands, tenements, and hereditaments, from the time of pronouncing of the judgment or decree, on which such process was founded; to be recovered by action, bill, plaint, or information in any of his Majesty's courts, wherein no essoign, protection, or wager of law, or more than one imparlance, shall be allowed. [Rep., Stat. Law Rev. (I.) Act, 1879.]