Where judgment has been

the Courts at

Westminster

lin, a

certificate

Scotland

shall have

the Court of Session.

judgment, while demurrers to some of the pleas were still undecided; it was held that there was no judgment of the Irish Court, but merely an entry of record of the certificate of the English judgment, that the certificate of the proper officer in England was conclusive on such a motion that there was such a final judgment; and that a subsequent order of the officer in England, staying all proceedings on the English judgment while the demurrers remained undisposed of, had no application to the registry of the certificate in Ireland, which had been regularly done at the date of the order (Bailey v. Welpley, Ir. R. 4 C. L. 243).

II. Where judgment shall hereafter be obtained or entered up in any of the Courts of Queen's Bench, Common Pleas, or Exobtained in chequer at Westminster or Dublin respectively, for any debt, damages, or costs, on production at the office kept in Edinburgh or at Dub- for the registration of deeds, bonds, protests, and other writs registered in the books of council and session of a certificate of such thereof judgment in one of the forms contained in the schedule hereto registered in annexed, as the case may be, purporting to be signed by the proper officer of the Court where such judgment has been obtained the effect of or entered up, such certificate shall be registered in a book to be a decreet of kept for that purpose, and to be called "The Register for English and Irish Judgments," in like manner as a bond executed according to the law of Scotland, with a clause of registration for execution therein contained; and every certificate so registered shall from the date of such registration be of the same force and effect as a decreet of the Court of Session, and all proceedings shall and may be had and taken on an extract of such certificate as if the judgment of which it is a certificate had been a decreet originally pronounced in the Court of Session on the date of such registration as aforesaid, and all the reasonable costs, charges, and expenses attendant upon the obtaining and registering such certificate shall be recovered in like manner as if the same were part of the original judgment; provided always, that no certificate of any such judgment shall be registered as aforesaid more than twelve months after the date of such judgment, unless application shall have been first made to, and leave obtained from the Lord Ordinary on the bills.

Where decreet has been

obtained

of Session, a

III. On production to the senior Master of the Court of Common Pleas at Westminster, or to the Master of the Court of Common Pleas at Dublin, of the certificate in one of the forms contained in in the Court the schedule hereto annexed, as the case may be, of any extracted certificate of decreet of the Court of Session in Scotland, which shall hereafter an extract be obtained for the payment of any debt, damages, or expenses, registered in purporting to be signed by the extractor of the Court of Session, England or or other officer duly authorized to make and subscribe extracts, Ireland shall or on production of the certificate of an extracted decreet of registration in the books of council and session purporting to be

thereof

have the

effect of a

the Court

signed by the keeper of the register of deeds, bonds, protests, indgment of and other writs registered for execution in the books of council in which and session, which shall hereafter be obtained for the payment of it is so registered. any debt, damages, or expenses, such certificate shall be registered by such Master in a register to be kept in the Court of Common Pleas at Westminster and Dublin respectively for that purpose, and to be called the "Register for Scotch Judgments," and such certificate when so registered shall from the date of such registration be of the same force and effect as a judgment obtained or entered up in the Court in which it is so registered, and all proceedings shall and may be had and taken on such certificate as if the decreet of which it is a certificate had been a judgment originally obtained or entered up on the date of such registration as aforesaid in the Court in which it is so registered, and all the reasonable costs, charges, and expenses attendant upon the obtaining and registering such certificate shall be recovered in like manner as if the same were part of the decreet of which it is a certificate; provided always, that no certificate shall be registered as aforesaid more than twelve months after the date of such decreet, unless application shall have been first made to and leave obtained from the Court or a Judge of the Court in which it is so sought to register such certificate; provided that where a note of suspension of any such decreet shall have been passed or a sist of execution shall have been granted thereon by the said Court of Session or any Judge thereof, on the production of a certificate under the hand of the clerk to the bill chamber of the Court of Session, of the passing of such note or the granting of such sist to a Judge of the Court in which such certificate of such decreet has been registered, execution on such registered certificate shall be stayed until a certificate be produced under the hand of the said clerk that such sist has been recalled or has expired, or, where the note of suspension has been passed, until there be produced an extract, under the hand of the Extractor of the Court of Session or other officer duly authorized to make and subscribe extracts, of a decreet of the said Court repelling the reasons of suspension.

in named to have con

registered

IV. The Courts of Common Pleas at Westminster and at Dub- Courts herelin and the Court of Session in Scotland shall have and exercise the same control and jurisdiction over any judgment or decreet, trol over and over any certificate of such judgment or decreet, registered judgments under this act in such Courts respectively as they now have and or decreets exercise over any judgment or decreet in their own Courts, but in so far in so far only as relates to execution under this act.

as relates to execution.

for costs

V. It shall not be necessary for any plaintiff in any of the No security aforesaid Courts in England resident in Ireland or Scotland, or where any plaintiff in any of the aforesaid Courts in Ireland resident in plaintiff

resides in
a different

Kingdom.

England or Scotland, in any proceeding had and taken on such part of the certificate, to find security for costs in respect of such residence, unless on special grounds a Judge or the Court shall otherwise order; nor shall it be necessary for any party to such proceeding in Scotland, resident in England or Ireland, to sist a mandatory, or otherwise to find security for expenses in respect of such residence, unless on special grounds the Court shall otherwise order.

Costs not to

be allowed in actions on judgments unless by order of Court.

Judges to

make rules for execu

act.

VI. In any action brought in any Court in England, Scotland, or Ireland on any judgment or decreet which might be registered under this act in the country in which such action is brought, the party bringing such action shall not recover or be entitled to any. costs or expenses of suit unless the Court in which such action shall be brought, or some Judge of the same Court, shall otherwise order.

VII. It shall be lawful for the Judges of the Court of Queen's Bench, Common Pleas, and Exchequer, at Westminster and tion of this Dublin respectively, or any eight or more of them respectively, of whom the chiefs of the said Courts respectively shall be three, and they are hereby required, from time to time, to make all such general rules and orders to regulate the practice to be observed in the execution of this act, or in any matter relating thereto, including the scale of fees to be charged in the Courts of Common Law in England and Ireland respectively, as they may deem to be necessary and proper; and it shall be lawful for the Court of Session in Scotland, and the said Court is hereby required from time to time, to make such acts of sederunt to regulate the practice to be observed in the execution of this act, or in any matter relating thereto, including the scale of fees to be charged in Scotland, as such Court may deem to be necessary and proper; provided always, that such rules, orders, and acts of sederunt respectively shall be laid before both Houses of Parliament within one month from the making thereof, if Parliament be then sitting, or if Parliament be not then sitting, within one month from the commencement of the then next session of Parliament.

Act not to apply to certain decreets.

Short title.

VIII. This act shall not apply to any decreet pronounced in absence in an action proceeding on an arrestment used to found jurisdiction in Scotland.

IX. In citing this act in any instrument, document, or proceeding it shall be sufficient to use the expression "The Judgments Extension Act, 1868."

SCHEDULE.

Certificate issued in terms of "The Judgments' Extension Act,

1868."

Form I.-Where party applying is plaintiff or pursuer.

I, certify that [here state name, title, trade or profession, and usual or last known place of abode of plaintiff or pursuer] on the day of 18 obtained judgment against here state name and title, trade or profession, and usual or last known place of abode of defendant] before the Court of for payment of the sum of

on account of [state shortly nature of claim or ground of action with the sum of costs, if any, and in case of a judgment obtained in an action, state whether it was obtained after appearance made by the defendant, or after service (personal or otherwise) of the action on the defendant, as the case may be].

(Signed by the proper officer of the Court from which the certificate issues.)

Form II.-Where party applying is defendant or defender. I certify that [here state name, title, trade, or profession, and usual or last known place of abode of defendant or defender] on the day of 18 obtained judgment against [state name, title, trade, or profession, and usual or last known place of abode of plaintiff or pursuer] before the Court of for judgment of the sum of £

costs of suit.

(Signed by the proper officer of the Court from which the certificate issues.)

Minute of presentation to be appended to either form.

as

Presented for registration in terms of "The Judgments' Exten

sion Act, 1868."

Signature of (Attorney, Law Agent, or

Creditor) presenting for registration.

cxlvi

When damages under forty shillings plaintiff not to get more costs

than

damages.

To apply to Ireland only.

Short title.

LIABILITIES OF MARRIED WOMEN AS
TRADERS.

In the Manchester County Court, on Tuesday, be-
fore Mr. Russell, Q.C., the case of M'Govern v. Hinkey
raised an important question under the Married Wo-
men's Property Act. The plaintiff, John M'Govern,
haberdasher, Union-street, Manchester, sued the de-
fendant, Margaret Hinkey, draper, 93 Lord-street,
An Southport, for a sum of £15 128., the balance of a gland as
debt of £35, which she had contracted with the plain-
tiff, and the remainder of which she had paid in instal-
ments. The plaintiff said that the defendant was a
married woman, living apart from her husband, sup- reland to
the porting and maintaining herself by her own industry,t enacted
by and receiving no assistance from her husband, whom he advice
and she had not seen for five years. The question involved ommons,
int in the case was whether she was liable for debts apart ity of the

cost shal bacl

1868.]

damages

us.

sam from her husband. The judge said he was not aware
I that this question had ever been raised before. The
und defendant was a married woman, living separately
from her husband, and carrying on business separately
to more
from him, and the goods in respect of which she was 1 verdict
sued were goods supplied to her in the way of trade. y on the
Certain payments had been made on account of these
goods, and she was now sued for the balance re-
maining due. In answer to the claim the defendant
I set
up the plea of coverture, and the question and for
was whether the plea was a good defence.
It was perfectly clear that in common law it
would be a good defence, for a married woman
had no power to contract such a debt as that in ques-
tion by the common law. But it was suggested that
under the Married Woman's Property Act, sections 1
and 11, the liability contended for in the present case
was imposed upon a married woman, not expressly,
but by implication. From the language of the 1st
An section, it struck him that it was merely enabling. It d women.
gave a married woman the power to acquire property

all

368.

for her separate use, and it did not impose any lia-, 1870.] W bility on her that she was not subject to before. By and contract the 11th section a married woman was empowered to Be maintain an action in her own name to recover earnwith ings or other property declared by the act to be her by and separate property. That was clearly an enabling emporal, enactment, and such being the case the question was ad by the whether he was to infer that not only had this ability

and

auth Earnings of I.

married women to be

own property.

gaine

s, money, held and

been created, but that a liability had been likewise quired or imposed. Inasmuch as the statute did not impose ment, ocdeemed their cupa any liability in respect to the property mentioned in carries ou separ sections 1 and 11, the liability of the woman stood operty so acqu just as it did at common law. But did not the startistic, or scien tute show that, in expressly making her, in section 12, or p liable in respect of debts contracted before marriage? settle He would not, therefore, go beyond the letter or spirit of the act, which was clearly enabling to a woman, * A but not rendering her subject to any liability exceptesent work, yet, as such as was expressly imposed upon her. He thought it has been the liability of the defendant stood just as it did in common law, and she was not, therefore, liable in this action. He dismissed the case Mr. Smith, on behalf of the defendant, applied for costs, which were granted.

consi

to whom