Judgments (Ireland) Act 1844

• Jurisdiction: Ireland
• Citation: 1844 c. 90
• Year: 1844

Anno Regni VICTORI, Britanniarum Regin,Septimo & Octavo. An Act for the Protection of Purchasers against Judgments, Crown Debts, Lis Pendens, and Commissions of Bankruptcy; and for providing One Office for the registering of all Judgments inIreland ; and for amending the Laws in Ireland respecting Bankrupts and the Limitation of Actions.

(7 & 8 Vict.) C A P. XC.

[9th August 1844]

'WHEREAS by an Act passed in the Third Year of the Reign of His late Majesty KingGeorge the Second, intituled Dublin,and for the greater Security of Purchasers , it was enacted, that the Officers therein mentioned should put into alphabetical Docket Entries of Cognovits or Judgments, and Rules for Judgments, and that such Dockets should be put into and kept in Books in the Offices therein mentioned, and that such Judgments should, as against Purchasers or Mortgagees, be Judgments only from the Time of their being docketed and entered under the Provisions of the said Act, and should not have any Preference against Heirs, Executors, or Administrators in the Administration of their Ancestors, Testators, or Intestates Estates, but from the Time aforesaid: And whereas by an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled Irelandagainst Judgments not revived or re-docketed within a limited Time , it was amongst other things provided, that Judgments of the Superior Courts in Ireland should in certain Cases be void as against Purchasers, unless the same should be re-docketed, or a Revival thereof entered in the Manner therein mentioned: And whereas it is expedient to make further Provisions for the Protection of Purchasers against Judgments, and against Crown Debts and Lis Pendens, and to establish One Office in Dublin in which alone Purchasers, and Heirs, Executors, or Administrators, may find all Judgments which would bind Lands in the Hands of a Purchaser, or give a Preference against Heirs, Executors, or Administrators in the Administration of their Ancestors, Testators, or Intestates Effects:' Be it therefore 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 First ^DayofNovember in the Year One thousand eight hundred and forty-four no Judgment of any Superior Court of Record, or Rule for such Judgment, shall be docketed or entered under the Provisions of the said Act of the Third Year of the Reign of His late Majesty King George the Second; and that from and after that Day no such Judgment, nor any Revival of any such Judgment, shall be re-docketed or entered under the said Provisions of the said Act of the Ninth Year of the Reign of His late Majesty KingGeorge the Fourth; and that all Books of or for such Re-docketings or Entries under either of the said Acts shall on the First Day of November in the Year One thousand eight hundred and forty-four be finally closed, without Prejudice to the Operation of any Judgment which shall have been in that Time docketed and entered, or re-docketed or entered, in the Book of Revivals, under the Provisions of either of the said recited Acts, except so far as any such Judgment may be affected by the Provisions herein-after contained; and that upon the ^Closeof the said First Day ofNovember in the Year One thousand eight hundred and forty-four all the said re-docketing and Revival Books kept under the Provisions of the said last-mentioned Act in every of the said Superior Courts of Common Law in Ireland shall, by the Officer having in each of such Courts respectively the Custody of the same, be handed over to the Officer to be appointed under this Act; and that such Books, when so handed over, shall be forthwith deposited by the said last-mentioned Officer in the Office to be established under this Act, and shall be considered as Part of the Books to which Access is to be had for the Charge of Three Shillings or of One Shilling, as herein-after provided; and that all ^Judgmentswhich have already been, or on or before the First Day ofNovember One thousand eight hundred and forty-four shall be, re-docketed or entered as revived in the said Books, under the Provisions of the said Act of the Ninth Year of the Reign of His late Majesty King George the Fourth, shall be deemed to be registered under the Provisions of this Act, and shall operate from the Time of such re-docketing or Entry after the Revival precisely as if the same had been registered under the Authority of this Act, but with the Benefit of its actual Priority as the same existed before the passing of this Act, and shall be subject to the Provision herein-after contained with respect to the re-registering.

II Memorandum of Particulars of Judgments to be left with Officer under this Act, and by him registered, otherwise invalid as against Purchasers, &c.

II. And be it enacted, That no Judgment of the said Superior Courts respectively, or Rule for such Judgment, already docketed under the said first-recited Act, and which has not already been, or shall not on or before the said First Day ofNovember One thousand eight hundred and forty-four be, re-docketed or entered after Revival under the said Act of the Ninth Year of the Reign of His late Majesty King George the Fourth, shall, after the First Day of November One thousand eight hundred and forty-five, nor shall any Judgment of the said Superior Courts respectively which on the said First Day of November One thousand eight hundred and forty-four shall not be docketed under the said first-recited Act, or which shall be obtained after that Day, affect any Lands, Tenements, or Hereditaments, as to Purchasers, Mortgagees, or Creditors, unless and until a Memorandum or Minute thereof, containing the Names, and the usual or last known Place of Abode, and the Title, Trade, or Profession of the Plaintiff and Defendant or Person whose Estate is intended to be affected thereby, and the Court in which such Judgment or Rule shall have been obtained, and the Date of such Judgment or Rule, and the Amount of the Debt, Damages, Costs, or Monies thereby recovered or ordered to be paid, shall be left with the Officer to be appointed under this Act, who shall forthwith enter the same Particulars in a Book in alphabetical Order, by the Name of the Defendant or Person whose Estate is intended to be affected by the said Judgment or Rule; or unless and until the same shall be duly revived according to the Course and Practice of the said Superior Courts respectively; and a like Memorandum or Minute as aforesaid, stating also the Revival thereof, shall be left with the Officer to be appointed under this Act, who shall forthwith enter the same Particulars in a Book of Revivals to be kept by him in alphabetical Order, by the Name of the Defendant or Person whose Estate is intended to be affected by such Judgment or ^Rule; and such Officer shall be entitled for every such Entry to the Sum of Five Shillings.

III. 'And whereas under and by virtue of an Act passed in the Third and Fourth Years of the Reign of Her present Majesty, intituled Ireland, Provision is made for Entries of the Decrees, Orders, and Rules therein mentioned, in like Manner as the aforesaid ^Judgmentsand Rules are hereby required to be registered, in order to bind Purchasers, Mortgagees, and Creditors;' be it enacted, That from and after the First Day ofNovember in the Year One thousand eight hundred and forty-four all such Entries as last aforesaid shall be made by the Officer for the Time being appointed under the Authority of this Act; and that all Books belonging to the Office established under the said last-mentioned Act shall, on the Close of the said First Day of November , be deposited in the Office established by this Act, and shall be considered as Part of the ^Booksto which Access is to be had for the Charge of Three Shillings or of One Shilling, as herein-after provided; and that all Entries of Decrees, Orders, and Rules which have already been, or on or before the said First Day ofNovember One thousand eight hundred and forty-four shall be, made in the said Books, under the Provisions of the said last-mentioned Act, shall be deemed to be Entries made under the Provisions of this Act, and shall operate from the Time of such Entries precisely as if the same had been registered under the Authority of this Act, and be subject to the Provisions hereafter contained with respect to re-registering.

IV Rules and Orders, &c. to be void against Purchasers, unless entered with Officer under this Act.

IV. And be it enacted, That no Rule of a Court of Common Law, nor any Judgment, Rule, or Order of any of the Inferior Courts, in the Act of the Third and Fourth Years of QueenVictoria mentioned, which has already been or hereafter shall be removed into a Superior Court in manner therein mentioned, shall from and after the First Day of November One thousand eight hundred and forty-four affect any Lands, Tenements, or Hereditaments, as to Purchasers, Mortgagees, or Creditors, unless and until such a Memorandum or Minute thereof, containing the Name or Title of the Cause or Matter in which the same shall have been made or pronounced, and the Names and the usual or last known Place of Abode, and the Title, Trade, or Profession of the Plaintiff, if there be such, and of the Defendant or Person whose Estate is intended to be affected thereby, and the Court in which such Judgment, Rule, or Order shall have been pronounced, and the Date of the same, and the Amount of the Debt, Damages, Costs, and Monies thereby recovered or ordered to be paid, shall be left with the Officer appointed...