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Civil bill court interpleader.
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7.—(1) Where a claim to or in respect of any goods or chattels taken in execution under the process of a civil bill court is made by any person other than a person against whom the process is issued, the under-sheriff may, subject to rules of court, cause a civil bill (in this section referred to as an interpleader civil bill) to be served upon the claimant and the execution creditor (in this section referred to as the parties) calling upon them to appear at the civil bill court and to maintain or relinquish their respective claims.
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(2) An interpleader civil bill shall be returnable to the civil bill court having jurisdiction in the place where the seizure was made, and may be served upon the claimant and execution creditor in any part of Ireland, and may be served on an execution creditor not in Ireland by serving the solicitor on record for him.
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(3) The county court judge shall have power on an interpleader civil bill:—
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(a) to adjudicate upon the claim and to make such order in respect thereof between the parties as he thinks fit;
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(b) in the event of the claim of any party being withdrawn or in the event of any party failing to appear, to make such order as between the parties and as between the parties or any of them and the under-sheriff, as he thinks just;
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(c) to adjudicate upon any claim of the parties or either of them against the under-sheriff arising or capable of arising out of the execution of the process, and to make such order in respect thereof as he thinks fit;
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(d) to order the sale of all or any of the goods and chattels, and to direct the application of the proceeds in such manner and upon such conditions as he thinks proper;
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(e) to give directions as to the disposal of any money deposited with the under-sheriff or the realisation of any security given to him;
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(f) to hear and determine any claim of the under-sheriff for fees and expenses and order the same or such part thereof as he thinks just to be paid by the claimant or by the execution creditor; and
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(g) to make such provision as he thinks proper for the payment of the costs of the proceedings and for any other matters arising in connection therewith, whether as between the parties or any of them or as between the under-sheriff and the parties or any of them.
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(4) Upon the service of an interpleader civil bill, any action brought in any court in respect of the claim or of any damage arising out of the execution of the process shall be stayed.
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(5) If the claimant deposits with the under-sheriff the amount for which the process was issued or, in the event of the value of the goods and chattels as determined by the under-sheriff or by an appraiser appointed by the under-sheriff being less than that amount, a sum equal to the value as so determined, the under-sheriff shall withdraw from the possession of the goods and chattels and the sum deposited shall be disposed of in the manner directed by the county court judge.
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If the claimant does not make such deposit as aforesaid, it shall be lawful for the clerk of the crown and peace or the county court judge, at any time after the service of an interpleader civil bill, upon application made by the execution creditor on notice to the claimant and the under-sheriff or by the under-sheriff on notice to the parties, to make an order for the sale of all or any of the goods and chattels by the under-sheriff, subject to such conditions as respects the giving of security by the execution creditor or otherwise as the clerk of the crown and peace or judge thinks proper.
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(6) An order made by a county court judge on an interpleader civil bill (other than an order for the sale of goods and chattels) shall be subject to the like appeal as an order made on an ordinary civil bill, and the enactments relative to such appeals shall apply accordingly, and subject thereto the order shall be final and conclusive as between the parties and as between them or either of them and the under-sheriff.
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(7) At any time after the service of an interpleader civil bill the clerk of the crown and peace may, on consent of the parties and under-sheriff, exercise any power or jurisdiction which, under this section, would be exerciseable by the county court judge on the return of the civil bill.
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(8) In the cities of Dublin, Belfast, and Cork the registrar of the civil bill court may, in the absence of the clerk of the crown and peace, exercise any power or jurisdiction of the clerk of the crown and peace under this section.
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(9) Rules of court may regulate the practice and procedure under this section including costs and expenses.
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(10) Section one hundred and fifty of the Civil Bill Courts (Ireland) Act, 1851, is hereby repealed.
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