Enforcement of Court Orders Act, 1926.
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PART I. Functions and Powers of the Under-Sheriff. | ||
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Execution of execution orders. |
3.—(1) Subject to the provisions of this Act and of rules of court made under the Courts of Justice Act, 1924 (No. 10 of 1924), all execution orders of the High Court shall be executed by the under-sheriff in the like manner and with the like powers, rights and authorities and subject to the like duties and obligations as similar writs of execution of the High Court have heretofore been executed by the under-sheriff. | |
(2) Subject to the provisions of this Act and of rules of court made under the Courts of Justice Act, 1924 , all execution orders of the Circuit Court and (save as is hereinafter otherwise provided) of the District Court shall be executed by the under-sheriff in the like manner and with the like powers, rights and authorities and subject to the like duties and obligations as similar writs of execution of the High Court have heretofore been executed by the under-sheriff. | ||
(3) Notwithstanding the provisions of the foregoing sub-section or of the Courts of Justice Act, 1924 , execution orders of the District Court in cases which would before the 6th day of December, 1922, have been within the jurisdiction of Justices of the Peace sitting at Petty Sessions or of a Divisional Justice of the Police District of Dublin Metropolis (other than ejectment cases, and proceedings for the recovery of rates exceeding five pounds) shall be executed by the Gárda Síochána in like manner in all respects as such execution orders were executed by the Gárda Síochána and the Dublin Metropolitan Police respectively before the commencement of Part III of the Courts of Justice Act, 1924 . | ||
(4) No statutory provision or rule of court which was in force immediately before the commencement of Part II of the Courts of Justice Act, 1924 , in relation to the execution of decrees or orders (whether for debt, possession of lands, or otherwise) of a Civil Bill Court shall apply to the execution of execution orders of the Circuit Court. | ||
(5) Any judgment of the Circuit Court which is registrable by virtue of section 59 of the Courts of Justice Act, 1924 , in the Central Office of the High Court shall be and shall be deemed always to have been, when so registered, registrable as a judgment mortgage if and so far as such judgment if it had been a judgment of the High Court would have been so registrable, but save as aforesaid no judgment of the Circuit Court shall be registrable as a judgment-mortgage. | ||
(6) For the purpose of giving effect to the foregoing sub-section but no further or otherwise, every reference contained in section 6 of the Judgment Mortgage (Ireland) Act, 1850, to Her Majesty's Superior Courts at Dublin shall be construed as including a reference to the Circuit Court whether sitting at Dublin or elsewhere, and the Circuit Court shall be a superior Court within the meaning of the said section 6, and that section shall have effect accordingly. | ||
(7) No statutory provision or rule of court which was in force immediately before the commencement of Part III of the Courts of Justice Act, 1924 , in relation to the execution of decrees or orders of District Justices or of Divisional Justices of the Police District of Dublin Metropolis shall apply to the execution of execution orders of the District Court which under this section are to be executed by the under-sheriff, but nothing in this section shall be construed as enabling any judgment, decree or order of the District Court to be registered as a judgment-mortgage. |