Judgment Mortgage (Ireland) Act 1858

JurisdictionIreland
Citation1858 c. 105
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Primo & Vicesimo Secundo. An Act to amend an Act of the Thirteenth and Fourteenth Years of Her present Majesty, to amend the Laws concerning Judgments inIreland .

(21 & 22 Vict.) C A P. CV.

[2d August 1858]

'WHEREAS by an Act passed in the Session of the Thirteenth and Fourteenth Years of the Reign of Her present Majesty, intituled Ireland, it was enacted, that the Provisions therein-before recited of the Acts of the Sixth Year of KingWilliam the Fourth and the Fourth Year of Her Majesty should not in anywise extend or be applicable to any Judgment entered up in any of Her Majesty's Superior Courts at Dublin , or obtained in any Inferior Court of Record, after the passing of the said Act, nor to any Decree, Order, or Rule made after the passing of the said Act, and no Writ of Elegit or Writ of Execution (save as thereinafter mentioned) should issue or be sued upon any such Judgment, Decree, Order, or Rule, against any Lands, Tenements, or Hereditaments, or any Estate or Interest therein, nor should any Lands, Tenements, or Hereditaments, or any Estate or Interest, be charged or affected by any such Judgment, Decree, Order, or Rule, save as provided by the said Act: And whereas it was thereby further enacted, that where any Judgment should be entered up after the passing of the said Act in any of Her Majesty's Superior Courts at Dublin , or any Decree or Order in any Court of Equity, Rule in any Court of Common Law, or Order in Bankruptcy or Lunacy, to which the Effect of a Judgment in One of the Superior Courts of Common Law is given by the said Act of the Fourth Year of Her Majesty, should be made, after the passing of the said Act, or any Judgment, Rule, or Order should be obtained or made in or by any Inferior Court of Record, after the passing of the said Act, and should, under the Provisions of the Act of the Fourth Year of Her Majesty, therein recited, be removed into One of Her Majesty's Superior Courts of Record at Dublin , and the Creditor under any such Judgment, Decree, Order, or Rule should know or believe that the Person against whom such Judgment, Decree, Order, or Rule to be entered up, obtained, or made is seised or possessed, at Law or in Equity, of any Lands, Tenements, or Hereditaments of any Nature or Tenure, or has any disposing Power over any such Lands, Tenements, or Hereditaments which he might without the Assent of any other Person exercise for his own Benefit, and that where any Judgment had been entered up before the passing of the Act hereby recited in any of Her Majesty's Superior Courts of Dublin , or any Decree or Order in any Court of Equity, Rule in any Court of Common Law, or Order in Bankruptcy or Lunacy, to which the Effect of a Judgment in One of the Superior Courts of Common Law is given by the said Act of the Fourth Year of Her Majesty, had been made before the passing of the now recited Act, or any Judgment, Rule, or Order had been obtained or made in or by any Inferior Court of Record before the passing of the now recited Act, and had been or should be, under the Provisions of the said Act of the Fourth Year of Her Majesty, removed into One of Her Majesty's Superior Courts at Dublin , and the Creditor, under any such Judgment, Decree, Order, or Rule, should know or believe that the Person against whom such Judgment, Decree, Order, or Rule might have been entered up, obtained, or made is seised or possessed as aforesaid over any Lands, Tenements, or Hereditaments which by virtue of the now recited Act are exempted from being taken in Execution under any Writ of Execution to be issued upon such Judgment, Decree, Order, or Rule, it should be lawful for such Creditor, at any Time, and from Time to Time, after the entering up or Removal of such Judgment in or into such Superior Court, or the making of such Decree, Order, or Rule, or the passing of the now recited Act, whichever should last happen, to make and file in the Superior Court in, by, or into which such Judgment, Rule, or Order might have been entered up...

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