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JUDGMENTS (IRELAND) ACT 1849
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CHAPTER XCV.
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An Act to amend the Law concerning Judgments in Ireland. [1]
[1st August 1849.]
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[Preamble recites 5 & 6 Will. 4. c. 55. s. 31; 3 & 4 Vict. c. 105. ss. 19, 21, 22, 27.]
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[S. 1 rep. 38 & 39 Vict c 66 (S.L.R.)]
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Recited provisions of 5 & 6 Will. 4. c. 55., and 3 & 4 Vict. c. 105. not to extend to judgments, &c. for sums not exceeding 150l.
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2. 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 after the passing of this Act in respect of any sum then actually due for principal and interest (exclusively of costs, and over and above all just and fair allowances,) not exceeding the sum of one hundred and fifty pounds, nor to any decree, order, or rule made after the passing of this Act, where the whole amount therein ordered to be paid shall not exceed one hundred and fifty pounds; and the judgments, decrees, orders, and rules respectively to which under this Act the provisions of the said Acts of the sixth year of King William the Fourth and the fourth year of her Majesty shall not extend or be applicable are herein-after respectively referred to as judgments, decrees, orders, and rules subject to the provisions of this Act.
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What lands may be delivered in execution on judgments subject to this Act.
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3. The sheriff or other officer to whom any writ of elegit, or any precept in pursuance thereof, is directed at the suit of any person, upon any judgment subject to the provisions of this Act recovered in any action in any of her Majesty’s superior courts at Dublin, shall make and deliver execution unto the party in that behalf suing of all such lands, tenements, rectories, tithes, rents, and hereditaments only (including lands and hereditaments which may be of copyhold tenure) as the person against whom execution is so sued, or any person in trust for him, is seised or possessed of at the time when such writ of elegit is delivered to the sheriff or other officer to be executed, or over which the person against whom execution is so sued has at the time when such writ of elegit is delivered as aforesaid any disposing power which he might, without the assent of any other person, exercise for his own benefit, which lands, tenements, rectories, tithes, rents, and hereditaments, by force and virtue of such execution, shall accordingly be held and enjoyed by the party to whom such execution shall be so made and delivered, subject to such account in the court out of which such execution shall have been sued out as a party to whom execution is made and delivered under the recited provision of the said Act of the fourth year of her Majesty is made subject to under such provision.
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Rights in equity of creditor under judgment on which writ of elegit has been sued out.
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4. Any creditor under a judgment subject to the provisions of this Act on which a writ of elegit has been sued out shall have the same rights and remedies in equity, upon and in respect of such lands, tenements, and, hereditaments as might under this Act be delivered in execution under such elegit, as such creditor might have had in respect of the lands, tenements, and hereditaments, or moiety of lands, tenements, and hereditaments, which might have been delivered in execution under a writ of elegit in case the recited provisions of the said Acts of the sixth year of King William the Fourth and of the fourth year of her Majesty had not been enacted.
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Right of judgment creditor under judgment in equity of assets debtor.
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5. In the administration in courts of equity of the assets of any person against whom any judgment subject to the provisions of this Act may be recovered, who shall die seised of or entitled to any estate or interest in lands, tenements, or hereditaments, the judgment creditor shall under such judgment 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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Conveyances, &c. void against purchasers under 10 Chas. I. sess.2. (I.) c. 3. to be deemed void against judgment creditor under judgment entered up before conveyace, &c.
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6. Provided always, that every conveyance and other act whatsoever of and concerning lands, tenements, or hereditaments, which 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 any judgment creditor whose judgment shall have been entered up before such conveyance or other act, and the like execution and other remedies may be had under such judgment, in respect of such lands, tenements, and hereditaments as if such conveyance or other act had not been made or done: Provided also, 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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Decrees, orders, and rules subject to provisions of this Act to have the same effect as judgments subject to the provisions of this Act.
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7. All decrees and orders of the Court of Chancery, and all rules of any of the superior courts of common law, and all orders of the Lord Chancellor or Master of the Rolls or of the Court of Commissioners of Bankruptcy, and all orders of the Lord Chancellor in matters of lunacy, to which the effect of judgments in the superior courts of common law was given by the said Act of the fourth year of her Majesty, shall, where the same respectively shall be decrees, orders, and rules subject to the provisions of this Act, have the effect of judgments subject to the provisions of this Act recovered in the superior courts of common law, and the persons by whom any monies, costs, charges, and expences are by such decrees, orders, and rules respectively directed to be paid shall have the remedies to which judgment creditors under such judgments will have and be entitled to.
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Judgments subject to this Act obtained in inferior courts, and removed, to have no further force than judgments obtained in superior courts.
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8. Any judgment, rule, or order subject to the provisions of this Act, (or which would be so subject if the same were a judgment, rule, or order of one of the superior courts of common law,) obtained in or made by any inferior court of record which shall, under the provisions of the said Act of the fourth year of her Majesty, be removed into any of her Majesty’s superior courts of record at Dublin, shall have no further force or effect than a judgment, rule, or order subject to the provisions of the said Act recovered in or made by such superior court; but, save as aforesaid, any judgment, rule, or order so removed shall be subject to the provisions of the said Act of the fourth year of her Majesty in relation to judgments, rules, or orders removed into any of such superior courts.
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[Ss. 9–11 rep. 55 & 56 Vict. c. 19. (S.L.R.) S. 12 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
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[1 Short title, “The Judgments (Ireland) Act, 1849.” See 55 & 56 Vict. c. 10.] |
