Decrees,
Orders, and

the same Effect as Judgments.

VI. And be it enacted, That all Decrees and Orders of the Court Rules to have of Chancery, and of the Court of Exchequer at the Equity Side thereof, 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 5 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 such Decrees, Orders, and Rules respectively shall be made after the said Thirty-first Day of December One thousand eight hundred and 10 forty-nine, have the Effect of Judgments in the Superior Courts of Common Law entered up after the said Thirty-first Day of December One thousand eight hundred and forty-nine, and the Persons to whom any Monies, Costs, Charges, and Expenses are by such Decrees, Orders, and Rules respectively directed to be paid shall 15 have the Remedies to which Judgment Creditors under Judgments so entered up will have and be entitled to.

Judgments of Inferior

Courts removed to

have no further Force

than Judg

ments of Superior Courts.

New Writs to be framed.

Act may be amended.

VII. And be it enacted, That any Judgment, Rule, or Order of any Inferior Court of Record which after the Thirty-first Day of December One thousand eight hundred and forty-nine, shall, under the Pro- 20 visions 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 recovered in, or a Rule or Order made by, such Superior Court after the said Thirty-first Day of December One thousand eight hundred and forty-nine; but, 25 save as aforesaid, any Judgment, Rule, or Order so removed shall be subject to the Provisions of such last-mentioned Act in relation to Judgments, Rules, or Orders removed into any of such Superior Courts.

VIII. And be it enacted, That such new or altered Writs shall be sued out of the Courts of Law and Equity and Court of Commissioners 30 of Bankrupt as may by such Courts respectively be deemed necessary or expedient for giving Effect to the Provisions herein-before contained, and in such Forms as the Judges of such Courts respectively shall from Time to Time think fit to order, and the Execution of such Writs shall be enforced in such and the same Manner as the Execution 35 of Writs of Execution is now enforced, or as near thereto as the Circumstances of the Cases will admit, and that any existing Writ the Form of which shall be in any Manner altered in pursuance of this Act shall nevertheless be of the same Force and Virtue as if no Alteration had been made therein, except so far as the Effect thereof may be varied 40 by this Act.

IX. And be it enacted, That this Act may be amended or repealed in this present Session of Parliament.

(Ireland.)

288

A

BILL

[AS AMENDED BY THE COMMITTEE]

ΤΟ

Amend the Law concerning Judgments in Ireland.

Note The Clause marked A. was added by the Committee.

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 25G. 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 "more speedy Return and Recovery of Fines, Fees, Forfeitures, 20" Recognizances, Penalties, and Deodands; and to abolish certain "Offices

505.

A

3 & 4 Vict. c. 105.

s. 19.

"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
Reign, intituled "An Act for abolishing Arrest on Mesne Process in
"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,