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Where goods taken under a decree are claimed by a third person, he may, on making an affidavit, and lodging the amount of the sum mentioned in the decree, or the value of the goods, with the sheriff, have the goods delivered to him.
Claimant to bring a civil bill at the next session against plaintiff in decree; and assistant barrister to make a decree or dismiss thereon.
Sheriff shall pay the money lodged with him to the party entitled.
Damages may be givenfor original taking.
Party refusing to deliver up the goods on sheriff’s order, or retaking them, guilty of a misdemeanor.
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150. [Recital] When any goods taken under any decree, order, or process of any civil bill court in Ireland shall be claimed by any person who is not a party to such decree, order, or process, it shall and may be lawful for the said person so claiming such goods so taken as aforesaid, or his agent, to make an affidavit before any justice of the peace for the county wherein such goods shall have been seized under such decree, order, or process (and which affidavit such justice is hereby empowered to take and receive), to the purport that the said goods are the bonâ fide property of the person so claiming the same; and it shall and may be lawful for the sheriff of the county where such goods shall be so seized, upon the lodgment with the said sheriff of such affidavit, and of the amount of the sum mentioned in such decree, order, or process, where the value of the goods so seized shall exceed or be equal to the amount of the sum mentioned in such decree, order, or process, or, in the event of the value of the goods so claimed being less than the sum so mentioned, then such sum as shall be equal to the value of such goods (such value to be ascertained by any appraiser appointed by the said sheriff for taking replevins), to issue an order for the delivering up of such goods to the said person so claiming the same, or to cause the same to be delivered up accordingly; and the said sheriff shall, within eight days from the day of lodgment of such affidavit as aforesaid, transmit same to the office of the clerk of the peace, to be there filed, and shall hold the laid money so deposited with him to abide the order or decree of the assistant barrister in respect of the same, as herein-after mentioned; and the person so claiming the said goods, and depositing the said money with the sheriff as aforesaid, shall cause a civil bill process to be served on the plaintiff or party in such decree, order, or process, at whose suit such goods shall have been taken, stating that he claims the same as his property; and the said civil bill shall be returnable to the quarter sessions for the division of the county in which such seizure was made next after such deposit with the said sheriff, provided that the same can be served on the defendant in due time for such next quarter session, and if not then to the session for the division next following, and not after; and the said civil bill as to the said claim of property shall be served, heard, and determined as any ordinary civil bill, and the said assistant barrister shall make a decree or dismiss thereon, as he shall think fit, with costs; and if the said claim of property shall not be substantiated to the satisfaction of the assistant barrister, then the said sheriff shall, and he is hereby required, upon the production to him of a dismiss in such case or in case of the non-production of a decree for the plaintiff therein, within ten days from the termination of the sessions at which such civil bill ought to have been brought, without further order, pay over the monies so deposited to the defendant in such last-mentioned civil bill, and credit shall be given by such defendant for the same out of the amount due on the original decree, order, or process; and in like manner, upon the production to the sheriff of a decree in favour of the claimant of the said property, the said sheriff shall pay back to the said claimant the said sum of money so deposited with him as aforesaid: Provided always, that it shall and may be lawful for the assistant barrister before whom such claim of property shall be tried, if he shall think fit, and damages shall be claimed in the process, to give damages, not exceeding in any case five pounds, for the original taking of the said goods, as well as to make an order for the payment of the said deposit to the claimant: Provided also, that if any person or persons shall decline or refuse to deliver up the goods so taken upon any decree, order, or process under this Act, after production to him or them of the order of the sheriff for that purpose, or shall retake such goods under the same decree or order, under which the same were so originally taken, such person or persons so offending shall be deemed guilty of a misdemeanor, and liable to be punished accordingly; and in any indictment for this offence it shall be sufficient to allege generally that the party knowingly and wilfully declined and refused to deliver up such goods, or re-took the same (as the case may be), after production to him of the said order of the said sheriff; and provided also, that nothing in this provision contained shall debar the party claiming the goods as aforesaid from any remedy to which he would have been entitled if this Act had not been passed, instead of proceeding under this provision.
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