(Ireland.)

A

BILL

ΤΟ

Amend the Law concerning Judgments in Ireland.

[Note. The Words printed in Italics are proposed to be inserted
in the Committee.]

W

HEREAS an Act of the Parliament of Ireland was passed Preamble. in the Ninth Year of King George the Second, intituled

"An Act for the more effectual assigning of Judgments, 9G.2.c.5.(I.) "and for the more speedy Recovery of Rents by Distress:" And an 5 Act of the Parliament of Ireland was passed in the Twenty-fifth Year of King George the Second, intituled "An Act to explain and amend an 25 G. 2. c. 14. "Act passed in the Ninth Year of the Reign of His present Majesty, (I.)

"intituled An Act for the more effectual Assignment of Judgments, "and for the more speedy Recovery of Rents by Distress,' so far as 10" the said Act relates to the Assignment of Judgments and Statutes, "and to prevent great Inconveniences that frequently happen to the "Suitors of the Court of Chancery by the Death or Removal of a "Six Clerk or Six Clerks of the said Court, and to enable Grand "Juries to make Presentments for the Clerks of the Crown and 15" Peace:" And whereas by an Act passed in the Sixth Year of the Reign of His late Majesty King William the Fourth, intituled "An 5 & 6 W. 4. "Act for facilitating the Appointment of Sheriffs in Ireland, and c. 55. s. 31. "the more effectual Audit and passing of their Accounts; and for the

66

more speedy Return and Recovery of Fines, Fees, Forfeitures, 20" Recognizances, Penalties, and Deodands; and to abolish certain

413.

A

"Offices

"Offices in the Court of Exchequer in Ireland; and to amend the "Laws relating to Grants in custodiam and Recovery of Debts in "Ireland; and to amend an Act of the Second and Third Years of "His present Majesty, for transferring the Powers and Duties of the "Commissioners of Public Accounts in Ireland to the Commissioners 5 "for auditing the Public Accounts of Great Britain," it was enacted, that it should be lawful for any Person entitled to sue out or who had already sued out a Writ of Elegit upon any Judgment recovered in any of His Majesty's Courts at Dublin, or to issue or who had issued Execution in any Suit or Proceeding on any Recognizance there, to 10 apply by Petition to the Court of Chancery, or to the Court of Exchequer at the Equity Side thereof, for an Order that a Receiver might be appointed of the Rents and Profits of the entire, and not of a Moiety only, of all Lands, Tenements, or Hereditaments which he would be entitled to have extended or appraised under a Writ of 15 Elegit, or extended, seized, or taken under a Writ of Levari facias, or other Proceeding on such Recognizance, or to have a Receiver thereof appointed by that Court extended to that Matter, and it should be lawful for the Court to appoint or extend a Receiver accordingly over the whole thereof, or over so much thereof as should appear to it sufficient for the 20 Purposes of paying the Sum due on such Judgment or Recognizance : And whereas by an Act passed in the Fourth Year of Her Majesty's 3 & 4 Vict. Reign, intituled "An Act for abolishing Arrest on Mesne Process in

c. 105.

s. 19.

"Civil Actions, except in certain Cases, for extending the Remedies
"of Creditors against the Property of Debtors, and for the further 25
"Amendment of the Law and the better Advancement of Justice
"in Ireland," it was enacted, that it should be lawful for the
Sheriff or other Officer to whom any Writ of Elegit, or any Precept
in pursuance thereof, should be directed at the Suit of any Person upon
any Judgment which at the Time appointed for the Commencement 30
of that Act should have been recovered, or should be thereafter
recovered in any Action in any of Her Majesty's Superior Courts
at Dublin, to make and deliver Execution unto the Party in that
Behalf suing of all such Lands, Tenements, Rectories, Tithes, Rents,
and Hereditaments, including Lands and Hereditaments which might 35
be of Copyhold Tenure, as the Person against whom Execution was
so sued, or any Person in trust for him, should have been seised or
possessed of at the Time of entering up the said Judgment, or at any
Time afterwards, or over which such Person should at the Time of
entering up such Judgment, or at any Time afterwards, have any 40
disposing Power which he might without the Assent of any other
Person exercise for his own Benefit, in like Manner as the Sheriff or
other Officer might then make and deliver Execution of One Moiety
of the Lands and Tenements of any Person against whom a Writ of
Elegit was sued out, which Lands, Tenements, Rectories, Tithes, 45

Rents,

Rents, and Hereditaments by force and virtue of such Execution should accordingly be held and enjoyed by the Party to whom such Execution should be so made and delivered, subject to such Account in the Court out of which such Execution should have been sued out 5 as a Tenant by Elegit was then subject to in a Court of Equity; and it was enacted, that it should be lawful for any Person entitled to sue out or who had already sued out a Writ of Elegit upon any Judgment recovered in any of Her Majesty's Courts at Dublin, or to issue or who had issued Execution in any Suit or Proceeding on 10 any Recognizance there, to apply by Petition to the Court of Chancery, or to the Court of Exchequer at the Equity Side thereof, for an Order that a Receiver might be appointed over any Lands, Tenements, Rectories, Tithes, Annuities, Rents, or Hereditaments by that Act made liable to be seised, extended, appraised, or taken in 15 Execution on any such Judgment, or to order that any Receiver appointed before the passing of that Act over the Property of any Judgment Debtor might be extended to the Matter of such new Petition, and that in proceeding under the said Act of the Sixth Year of King William the Fourth and the Act now in recital the said Court 20 of Chancery and Court of Exchequer at the Equity Side thereof should have Power to appoint or extend a Receiver in a summary Way, on a Petition at the Instance of such Person, over any Property of such Judgment Debtor which such Creditor would or could make available for the Payment of his Judgment Debt by filing (after 25 a Writ of Execution had been issued and returned at Law upon such Judgment) a Bill in a Court of Equity, or by any Writ of Execution at Law, or (subject to the Proviso therein-after contained) by Petition under the Provisions of the Act now in recital, and it should be lawful for the said Courts respectively to appoint or extend a Receiver accord30 ingly over the whole thereof, or over so much thereof as should appear to be sufficient for the Purposes of paying the Sum due on such Judgment or Recognizance; and it was enacted, that a Judgment already entered up or to be thereafter entered up against any Person in any of Her Majesty's Superior Courts at Dublin should operate as a Charge 35 upon all Lands, Tenements, Rectories, Advowsons, Tithes, Rents, and Hereditaments, including Lands and Hereditaments of Copyhold Tenure, of or to which such Person should at the Time of entering up such Judgment, or at any Time afterwards, be seised, possessed, or entitled for any Estate or Interest whatever at Law or in Equity, 40 whether in possession, reversion, remainder, or expectancy, or over which such Person should at the Time of entering up such Judgment, or at any Time afterwards, have any disposing Power which he might without the Assent of any other Person exercise for his own Benefit, and should be binding as against the Person against whom Judgment 45 should be so entered up, and against all Persons claiming under him after 505. such

s. 21.

s. 22.

Repeal (in part) of recited Acts,

save as to

Judgments entered up

on or before

31st December 1849.

What Lands may be de. livered in

entered up after 31st December

1849.

such Judgment, and should also be binding as against the Issue of his
Body, and all other Persons whom he might without the Assent of
any other Person cut off and debar from any Remainder, Reversion,
or other Interest in or out of any of the said, Lands, Tenements,
Rectories, Advowsons, Tithes, Rents, and Hereditaments, and that 5
every Judgment Creditor should have such and the same Remedies
in a Court of Equity against the Hereditaments so charged by virtue
of that Act or any Part thereof as he would be entitled to in case the
Person against whom such Judgment should have been so entered up
had Power to charge the same Hereditaments, and had by Writing 10
under his Hand agreed to charge the same with the Amount of such
Judgment Debt and Interest thereon; subject to the Provisoes in
such Act contained; and by the lastly-recited Act the Effect of Judg-
ments in the Superior Courts of Common Law was given to certain
Decrees, Orders, and Rules for Payment of Monies, Costs, Charges, 15
and Expenses: And whereas it is expedient to amend the Law
concerning Judgments in Ireland: Be it enacted by the Queen's most
Excellent Majesty, by and with the Advice and Consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, That from and after the 20
Thirty-first Day of December One thousand eight hundred and forty-
nine all the Provisions of the said Acts of the Ninth and Twenty-fifth
Years of King George the Second relating to Judgments, Statutes
Staple, and Statutes Merchant, and the recited Provisions of the said
Acts of the Sixth Year of King William the Fourth and the Fourth Year 25
of Her Majesty, shall be repealed, save so far as respects Judgments
entered up, Recognizances entered into, and Decrees, Orders, and
Rules made on or before the said Thirty-first Day of December, One
thousand eight hundred and forty-nine.

II. And be it enacted, That the Sheriff or other Officer to whom 30 Writ of Elegit, or any Precept in pursuance thereof, is directed any Execution on at the Suit of any Person upon any Judgment entered up after the Judgment Thirty-first Day of December One thousand eight hundred and fortynine 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 35 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 40 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, Tene

ments,

extend or be applicable are herein-after respectively referred to as Judgments, Decrees, Orders, and Rules subject to the Provisions of this Act.

livered in

III. And be it enacted, That the Sheriff or other Officer to whom What Lands 5 any Writ of Elegit, or any Precept in pursuance thereof, is directed may be deat the Suit of any Person upon any Judgment subject to the Pro- Execution on visions of this Act recovered in any Action in any of Her Majesty's Judgments subject to the Superior Courts at Dublin, shall make and deliver Execution unto the Provisions Party in that Behalf suing of all such Lands, Tenements, Rectories, of the Act. 10 Tithes, Rents, and Hereditaments only (including Lands and Here

ditaments 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 15 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 accord20 ingly 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 25 made subject to under such Provision.

IV. And be it enacted, That any Creditor under a Judgment Rights of subject to the Provisions of this Act on which a Writ of Elegit Creditor in Judgment has been sued out shall have the same Rights and Remedies in Equity, Equity. upon and in respect of such Lands, Tenements, and Hereditaments as 30 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 35 Year of King William the Fourth and of the Fourth Year of Her Majesty had not been enacted.

V. And be it enacted, That in the Administration in Courts of Rights of Judgment Equity of the Assets of any Person against whom any Judgment Creditor in subject to the Provisions of this Act may be recovered who shall administra40 die seised of or entitled to any Estate or Interest in Lands, Tenements, or Hereditaments, the Judgment Creditor shall under such

505.

B

Judgment

tion of Assets.