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CROWN DEBTS ACT 1801
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CHAPTER XC.
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An Act for the more speedy and effectual Recovery of Debts due to his Majesty, his Heirs and Successors, in right of the Crown of the United Kingdom of Great Britain and Ireland; and for the better Administration of Justice within the same. [2d July 1801.]
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When upon any account declared or recorded in the Court of Exchequer in England, or on judgement of that court, any debt shall be due to his Majesty, a copy of such account, &c. shall, on application, be exemplified and transmitted to the Court of Exchequer in Ireland, where it shall be inrolled, and process issued against the debtor’s body and effects there.
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FOR the more speedy and effectual recovery of debts due to his Majesty, his heirs and successors, in right of the imperial crown of this realm, and for the better administration of justice within the same, be it enacted by the King’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 passing of this Act, in all cases where, upon any account duly audited, declared, or recorded in his Majesty’s Court of Exchequer in that part of the United Kingdom of Great Britain and Ireland called England, or upon any judgement or decree of the same Court of Exchequer, any debt or duty shall be due to his Majesty his heirs and successors, a copy of such declared account, judgement, or decree, shall upon application to the said court made on behalf of his Majesty his heirs and successors, be forthwith exemplified and transmitted under the seal of the said Court of Exchequer to his Majesty’s Court of Exchequer in that part of the said United Kingdom called Ireland; which said last mentioned court shall, upon the said copy so exemplified being laid before them, forthwith cause the same to be inrolled in the rolls of the said Court of Exchequer in Ireland; and upon the same being so inrolled, the said court shall cause process to issue for levying and recovering the debt due on such declared account, or for which such judgement or decree shall have been so obtained, as well against the person of the debtor upon such declared account, or against whom such judgement or decree shall have been so obtained, as against his real and personal estate, situate, lying, and being in that part of the United Kingdom called Ireland, as fully and effectually to all intents and purposes as by the course and practice of his Majesty’s Court of Exchequer in that part of the said United Kingdom called England is or may be now awarded and issued by the same court.
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Sheriff to account for the due execution of the process; and the debt, when recovered, to be remitted to the Exchequer in England.
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2. And . . . the sheriff or other proper officer to whom such process shall be so directed, shall be compelled to account to the said Court of Exchequer for the due execution of such process; and the chancellor and barons of the said court shall take care that all monies levied by virtue of such process shall be duly paid into the receipt of the Exchequer in Ireland, and the lord high treasurer of Ireland or lords commissioners for executing the office of lord high treasurer therein shall, so soon as conveniently may be, cause the same to be remitted and paid into the receipt of the Exchequer in that part of the United Kingdom called England.
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In like manner where, on any such declared account recorded in the Court of Exchequer in Ireland, or on judgement of that court, any debt shall be due to his Majesty, the same regulations shall be observed for the recovery thereof in England.
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3. And . . . from and after the passing of this Act, in all the cases where, upon any such declared account duly recorded in his Majesty’s Court of Exchequer in that part of the United Kingdom of Great Britain called Ireland, or upon any judgement or decree obtained in the said Court of Exchequer in Ireland, any debt shall be due to his Majesty his heirs and successors, a copy of such declared account, judgement, or decree, shall, upon application to the said court made on behalf of his Majesty his heirs and successors, be forthwith exemplified and transmitted under the seal of the said Court of Exchequer to his Majesty’s Court of Exchequer in that part of Great Britain called England: which said last mentioned court shall, upon the said copy so exemplified being laid before them, forthwith cause the same to be inrolled in the rolls of the said Court of Exchequer in England; and upon the same being so inrolled, the said court shall cause process to issue for levying and recovering the debt due upon such declared account, or for which such judgement or decree shall have been so obtained, as well against the person of the debtor against whom judgement or decree shall have been so obtained, as against his real and personal estate, situate lying, and being in that part of the United Kingdom called England, as fully and effectually to all intents and purposes, as by the usage and practice of his Majesty’s Court of Exchequer in that part of the said United Kingdom called Ireland is or may be now awarded and issued by the said court.
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Sheriff to account for the due execution of the process; and the debt, when recovered, to be remitted to the Exchequer in Ireland.
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4. And . . . the sheriff or other proper officer to whom such process shall be so directed, shall be compelled to account to the said Court of Exchequer for the due execution of such process; and the chancellor and barons of the said court shall take care that all monies levied by virtue of such process shall be duly paid into the receipt of the Exchequer in England, and the lord high treasurer of England or lords commissioners for executing the office of lord high treasurer therein shall, so soon as conveniently may be, cause the same to be remitted and paid into the receipt of the Exchequer of that part of the United Kingdom called Ireland.
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Where, in any suit between party and party, or in any proceeding in cases of minors, &c., orders shall be made for payment of money, &c., by the Court of Chancery in England, a copy thereof shall be certified to the Court of Chancery in Ireland, where it shall be inrolled, and process shall be issued to enforce obedience, &c. ;
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5. And . . . in cases where, in any suit between party and party, or in any matter or proceeding by petition in cases of minors, bankrupts, idiots, or lunaticks, any decree shall be pronounced or any order made for payment or for accounting for money by the high Court of Chancery in that part of the United Kingdom called England, the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal of England for the time being respectively shall, upon application made to him or them respectively, cause a copy of such order or decree to be exemplified and certified to the Court of Chancery in that part of the United Kingdom called Ireland, under the great seal of England; and the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal of Ireland, shall forthwith cause such order or decree, when it shall be presented to them respectively so exemplified, to be enrolled in the rolls of the high Court of Chancery in Ireland, and shall cause process of attachment and committal to issue against the person of the party against whom such order or decree shall have been made respectively, in order to enforce obedience to and performance of the same, as fully and effectually, to all intents and purposes, as if such order or decree had been originally pronounced in the said Court of Chancery in Ireland; and it shall and may be lawful to and for the lord chancellor, lord keeper, or lords commissioners of the great seal of Ireland for the time being from time to time to make orders upon petition, as the occasion may require, for payment of money levied under such process as aforesaid into the Bank of Ireland, with the privity of the accountant general of the said court, to the credit and for the benefit of the party who shall have obtained such order or decree; and the governor and company of the Bank of Ireland are hereby authorized and required to receive and hold all such monies, subject to the orders of the said Court of Chancery: Provided always, that no such monies shall be charged with or subject to poundage for the usher of the said Court of Chancery in Ireland, when the same shall be paid out by order of the said court.
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and where such orders shall be made by the Court of Chancery in Ireland, a copy thereof shall be certified to the Court of Chancery in England, where it shall be inrolled, and process shall be issued to enforce obedience, &c.
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6. And . . . in all cases where, in any suit between party and party, any decree shall be pronounced or any order made for payment of or for accounting for money by the high Court of Chancery in that part of the United Kingdom called Ireland, the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal of Ireland for the time being respectively, shall, upon application made to him or them respectively, cause a copy of such order or decree to be exemplified and certified to the Court of Chancery in that part of the United Kingdom called England, under the great seal of Ireland; and the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal of England, shall forthwith cause such order or decree, when it shall be presented to them respectively so exemplified, to be enrolled in the rolls of the high Court of Chancery in England, and shall cause process of attachment and committal to issue against the person of the party against whom such order or decree shall have been made respectively, in order to enforce obedience to and performance of the same, as fully and effectually, to all intents and purposes, as if such order or decree had been originally pronounced in the said Court of Chancery in England and it shall and may be lawful to and for the lord chancellor lord keeper, or lords commissioners of the great seal of England for the time being from time to time to make orders upon petition, as the occasion may require, for payment of money levied under such process as aforesaid into the Bank of England, with the privity of the accountant general of the said court, to the credit and for the benefit of the party who shall have obtained such order or decree; and the governor and company of the Bank of England are hereby authorized and required to receive and hold all such monies, subject to the orders of the said Court of Chancery: Provided always, that no such monies shall be charged with or subject to poundage, when the same shall be paid out by order of the said court.
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[Ss. 7, 8 rep. 35 & 36 Vict. c. 63. (S.L.R.)]
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The statutes of England and of Great Britain, printed and published by the printer duly authorised by his Majesty, shall be received as evidence in any court in Ireland, and the statutes of Ireland prior to the union, so printed and published, shall be evidence in any court in Great Britain.
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9. And . . . for the better and more effectual proof of the statute law of the kingdoms of Great Britain and Ireland, and of England and Ireland, previous to the union of the said kingdoms, in all courts of civil and criminal jurisdiction in every part of the said United Kingdom; be it enacted, that the copy of the statutes of the kingdom of England, and of the kingdom of Great Britain since the union with Scotland, printed and published by the printer duly authorized to print and publish the same by his Majesty, or by any of his royal predecessors, shall be received as conclusive evidence of the several statutes made and enacted prior to the union of the kingdoms of Great Britain and Ireland by the Parliaments of England and Great Britain respectively, in all suits, actions, or prosecutions respectively commenced, instituted, or carried on, or to be commenced, instituted, or carried on in any court of civil or criminal jurisdiction in that part of the United Kingdom called Ireland; and in like manner the copy of the statutes of the kingdom of Ireland, made and enacted by the Parliament of the same prior to the union of the kingdoms of Great Britain and Ireland, and printed and published by the printer duly authorized by his Majesty, or any of his royal predecessors, to print and publish the same, shall be received as conclusive evidence of the several statutes made and enacted by the Parliament of Ireland prior to the union of the kingdoms of Great Britain and Ireland, in all suits, actions, or prosecutions respectively commenced, instituted, or carried on, or to be commenced, instituted, or carried on in any court of civil or criminal jurisdiction in that part of the United Kingdom called Great Britain.
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