Common Law Procedure Amendment Act (Ireland) 1853

Charging Order on contingent and future Interests.

CXXXIV. If such Debtor shall have an Interest in any such Stock, Funds, Annuities, or Shares, or the Dividends, Interest, and annual Produce thereof, not vested or in possession, but contingent or in remainder or reversion, it shall be lawful for the Court or a Judge, on a like Application, to be made by the Party obtaining such Judgment, to make an Order ex parte that such Stock, Funds, Annuities, Shares, Dividends, Interest, or annual Produce, or a competent Part thereof, shall stand charged with the Payment of the Amount for which such Judgment shall have been recovered, and Interest on so much as shall remain unsatisfied, unless satisfactory Cause shall be shown to the contrary by the said Debtor or some other Person interested, within a Time to be named in said Order, and a Copy of such Order shall be served on the Debtor or his Attorney or Agent; and unless Cause shall be shown to the contrary within the Time specified in such Order, or such Time as the Court or a Judge may think proper, it shall be lawful for the Court or a Judge, if it shall so think fit, on Proof of the Service of such Order, to make same absolute; and such Order shall entitle the Creditor to all such Remedies as he would have been entitled to if such Charge had been made in his Favour by the Debtor: Provided that such Court or a Judge shall, on the Application of such Debtor, or any Person interested, have full Power to discharge or vary such Order, and to award such Costs, upon such Application as the Court or a Judge may think fit.