Debtors (Ireland) Act, 1840

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DEBTORS (IRELAND) ACT 1840

CHAPTER CV.

An Act . . . for extending the Remedies of Creditors against the property of Debtors; and for the further Amendment of the Law and the better Advancement of Justice, in Ireland [¹] .

[Preamble.]

[Ss. 1–5, 9–11 rep. 51 & 52 Vict. c. 57. (S.L.R.). S. 6 rep. 37 & 38 Vict. c. 96. (S.L.R.). S. 7 rep. 53 & 54 Vict. c. 51 (S.L.R.). S. 8 rep. 20 & 21 Vict. c. 60. s. 2.]

Warrants of attorney in personal actions to be filed within twenty-one days.

12. [Recital.] If the holder thereof shall think fit, every warrant of attorney to confess judgment in any personal action, or a true copy thereof, and of the attestation thereof, and the defeasance and endorsement thereon (if any), shall, within twenty-one days after the execution of such warrant of attorney, be filed, together with an affidavit of the time of the execution thereof, with the proper officer in one of her Majesty’s superior courts at Dublin in which judgment upon such warrant of attorney shall thereafter be entered up.

In what case warrant of attorney, &c. deemed fraudulent and void.

13. If at any time after the expiration of twenty-one days next after the execution of such warrant of attorney, a commission of bankrupt shall be issued against the person who shall have given such warrant of attorney, under which he shall be duly found and declared a bankrupt, . . . then and in such case, unless such warrant of attorney, or a copy thereof, shall have been filed as aforesaid within the said space of twenty-one days from the execution thereof, or unless judgment shall have been signed, or execution issued on such warrant of attorney within the same period, and in the court in which such warrant of attorney or such copy thereof shall have been filed, such warrant of attorney and the judgment and execution thereon shall be deemed fraudulent and void against the assignees under such commission, . . . and such assignees shall be entitled to recover back and receive, for the use of the creditors of such bankrupt, . . . all and every the monies levied or effects seized under and by virtue of such judgment and execution.

Defeasance of warrant of attorney, &c. to be written on the same paper

14. If such warrant of attorney shall be given subject to any defeasance or condition, such defeasance or condition shall be written on the same paper on which such warrant of attorney shall be written, before the time when the same or a copy thereof respectively shall be filed; otherwise such warrant of attorney shall be null and void to all intents and purposes.

Officer of court to keep a book containing list and particulars of each warrant of attorney.

15. The said officer of the said court in which such attorney or copy thereof shall be filed, shall cause every such warrant of attorney in any personal action and every copy thereof filed in his said office to be numbered, and shall keep a book or books in his said office in which he shall cause to be fairly entered an alphabetical list of every such warrant of attorney, containing therein the names and additions and descriptions of the respective defendants or persons giving such warrants of attorney, and also the names, additions, and descriptions of the plaintiff or persons in whose favour the same shall have been given, together with the number and dates of the execution and filing of the same or of a copy thereof respectively, and the sums for which judgment is to be entered up, and also the sums which are specified to be paid by the defeasances or conditions in each warrant of attorney, and the times when the same are thereby made payable, according to the form contained in the schedule (B.) to this Act annexed; which said book or books, and every warrant of attorney or copy thereof filed in the said office, shall be searched and viewed by all persons at all seasonable times, paying for every search against each person executing such warrant of attorney the sum of sixpence, and no more.

Fee for filing warrant.

16. There shall be paid for filing and entering such warrant of attorney or a copy thereof as aforesaid, the sum of one shilling and no more.

Office copies may be had.

17. Any person shall be entitled to have an office copy of each warrant of attorney or of the copy thereof filed as aforesaid, in like manner as office copies of judgments in each such court respectively.

Satisfaction to be entered on warrant of attorney.

18. It shall be lawful for any of the judges of the court in which the said warrant of attorney or copy thereof is filed, to order a memorandum of satisfaction to be written upon such warrant of attorney or copy thereof respectively as aforesaid if it shall appear to him or them that the debt for which such warrant of attorney is given as a security shall have been satisfied or discharged.

[S. 19 rep. 37 & 38 Vict. c. 96. (S.L.R.)]

Sheriff may seize money, bank notes, &c.;

and pay money or bank notes to execution creditor, &c.;

and sue for amount secured by bills of exchange and other securities.

Indemnity for sheriff.

20. [¹] By virtue of any writ of fieri facias to be sued out of any superior or inferior court or any precept in pursuance thereof, the sheriff or other officer having the execution thereof may and shall seize and take any money or bank notes (whether of the bank of Ireland, or of any other bank or bankers), and any cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, belonging to the person against whose effects such writ of fieri facias shall be sued out; and may and shall pay or deliver to the party suing out such execution any money or bank notes which shall be so seized, or a sufficient part thereof, and may and shall hold any such cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money as a security or securities for the amount by such writ of fieri facias directed to be levied, or so much thereof as shall not have been otherwise levied and raised; and may sue, in the name of such sheriff or other officer, for the recovery of the sum or sums secured thereby, if and when the time of payment thereof shall have arrived; and the payment to such sheriff or other officer by the party liable on any such cheque, bill of exchange, promissory note, bond, specialty, or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge him to the extent of such payment or of such recovery and levy in execution, as the case may be, from his liability on any such cheque, bill of exchange, promissory note, bond, specialty, or other security; and such sheriff or other officer may and shall pay over to the party suing out such writ the money so to be recovered, or such part thereof as shall be sufficient to discharge the amount by such writ directed to be levied; and if, after satisfaction of the amount so to be levied, together with the sheriff’s poundage and expences, any surplus shall remain in the hands of such sheriff or other officer, the same shall be paid to the party against whom such writ shall be so issued: Provided that no such sheriff or other officer shall be bound to sue any party liable upon any such cheque, bill of exchange, promissory note, bond, specialty, or other security, unless the party suing out such execution shall enter into a bond, with two sufficient securities, for indemnifying him from all costs and expences to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the amount of such bond or the sufficiency of such sureties, or such amount and such sufficiency, to be determined by the prothonotary or clerk of the pleas of the court in which such action shall be brought, or, if the court shall so order, by a commissioner of such court authorized to take special bail, and the expence of such bond to be deducted out of any money to be recovered in such action.

[S. 21 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Judgment to operate as a charge on real estates.

Charge not to be enforced until after the expiration of a year, &c.

Proviso as to purchasers, &c.

22. A judgment already entered up, or to be hereafter entered up, against any person in any of her Majesty’s superior courts at Dublin, shall operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents, and hereditaments, including lands and hereditaments of copyhold tenure, of or to which such person shall at the time of entering up such judgment, or at any time afterwards, be seised, possessed, or entitled for any estate or interest whatever at law or in equity, whether in possession, reversion, remainder, or expectancy, or over which such person shall, at the time of entering up such judgment or at any time afterwards, have any disposing power which he might without the assent of any other person exercise for his own benefit, and shall be binding as against the person against whom judgment shall be so entered up, and against all persons claiming under him after such judgment, and shall also be binding as against the issue of his body and all other persons whom he might, without the assent of any other person, cut off and debar from any remainder, reversion, or other interest in or out of any of the said lands, tenements, rectories, advowsons, tithes, rents, and hereditaments; and every judgment creditor shall have such and the same remedies in a court of equity against the hereditaments so charged by virtue of this Act, or any part thereof, as he would be entitled to in case the person against whom such judgment shall have been so entered up had power to charge the same hereditaments, and had by writing under his hand agreed to charge the same, with the amount of such judgment debt and interest thereon: Provided that no judgment creditor shall be entitled to proceed in equity to obtain the benefit of such charge under this Act until after the expiration of one year from the time of entering up such judgment . . . .; nor shall such charge operate to give the judgment creditor any preference in the case of the bankruptcy of the person against whom judgment shall have been entered up, unless such judgment shall have been entered up one year at least before the bankruptcy: provided also, that as regards purchasers, mortgagees, or creditors, who shall have become such before the time appointed for the commencement of this Act, such judgment shall not affect lands, tenements, or hereditaments otherwise than as the same would have been affected by such judgment if this Act had not passed; provided also, that nothing herein contained shall be deemed or taken to alter or affect any doctrine of courts of equity, whereby protection is given to purchasers for valuable consideration, without notice; provided also that nothing in this Act contained shall take away or prejudice any remedy or proceeding which any judgment creditor may, or if this Act were not passed might, have or take in relation to his judgment, but such creditor shall be at liberty to proceed at law or in equity for recovery of any sum secured, by or due upon any such judgment, whether before or after such period as aforesaid, as if this Act had not been passed.

Stock and shares in public funds and public companies belonging to the debtor, and standing in his own name, to be charged by order of court.

23. If any person against whom any judgment shall have been entered up in any of her Majesty’s superior courts at Dublin, shall have any government stock, funds, or annuities or any stock or shares of or in any public company in Ireland (whether incorporated or not), standing in his name in his own right, or in the name of any person in trust for him, it shall be lawful for the Court of Chancery . . . on the application of any judgment creditor, to order that such stock, funds, annuities, or shares, or such of them or such part thereof respectively as he shall think fit, shall stand charged with the payment of the amount for which judgment shall have been so recovered and interest thereon; and such order shall entitle the judgment creditor to all such remedies as he would have been entitled to if such charge had been made in his favour by the judgment debtor; and the provisions last aforesaid shall extend to the interest of any judgment debtor, whether in possession, remainder, or reversion, and whether vested or contingent, as well in any such stocks, funds, annuities, or shares as aforesaid, as also in the dividends, interest, or annual produce of any such stock, funds, annuities, or shares; and whenever any such judgment debtor shall have any estate, right, title, or interest, vested or contingent, in possession, remainder, or reversion, in, to, or out of any such stock, funds, annuities, or shares as aforesaid which shall be standing in the name of the accountant general of the Court of Chancery, or in, to, or out of the dividends, interest or annual produce thereof, it shall be lawful for such court to make any order as to such stock, funds, annuities, or shares, or the interest, dividends, or annual produce thereof, in the same way as if the same had been standing in the name of a trustee of such judgment debtor: Provided always, that no order of any court as to any stock, funds, annuities, or shares, standing in the name of the accountant general of the Court of Chancery, or as to the interest, dividends, or annual produce thereof, shall prevent the Bank of Ireland, or any public company, from permitting any transfer of such stocks, funds, annuities, or shares, or payment of the interest, dividends, or annual produce thereof, in such manner as the Court of Chancery may direct, or shall have any greater effect than if such debtor had charged such stock, funds, annuities, or shares, or the interest, dividends, or annual produce thereof, in favour of the judgment creditor, with the amount of the sum to be mentioned in any such order: Provided also, that no proceedings shall be taken to have the benefit of such charge until after the expiration of six calendar months from the date of such order.

Order of court to be made, in the first instance, ex parte, and on notice to the Bank or company to operate as a distringas.

24. . . . Such order, if any government stock, funds, or annuities standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by such order, shall restrain the Bank of Ireland from permitting a transfer of such stock in the meantime and until such order shall be discharged, and if any stock or shares of or in any public company standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by any such order, shall in like manner restrain such public company from permitting a transfer thereof; and if, after notice of such order to the person or persons to be restrained thereby, or in case of corporations to any authorized agent of such corporation, and before the same order shall be discharged, such corporation or person or persons shall permit any such transfer to be made, then and in such ease the corporation or person or persons so permitting such transfer shall be liable to the judgment creditor for the value or amount of the property so charged and so transferred, or such part thereof as may be sufficient to satisfy his judgment; and no disposition of the judgment debtor in the meantime shall be valid or effectual as against the judgment creditor . . .

[S. 25 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Judgment debts to carry interest.

26. Every judgment debt due upon any judgment not confessed or recovered for any penal sum for securing principal and interest shall carry interest at the rate of four pounds per centum per annum from the time of entering up the judgment, or from the time of the commencement of this Act in cases of judgments then entered up and not carrying interest until the same shall be satisfied; and such interest may be levied under a writ of execution on such judgment.

Decrees and orders of courts of equity, &c. to have effect of judgments.

27. All decrees and orders of the Court of Chancery, and all rules of any of the superior courts of common law, and all orders of the lord chancellor or master of the rolls, or of the Court of Commissioners of Bankruptcy, and all orders of the lord chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expences, shall be payable to any person, shall have the effect of judgments in the superior courts of common law, and the persons to whom any such monies or costs, charges, or expences shall be payable shall be deemed judgment creditors within the meaning of this Act; and all powers hereby given to the judges of the superior courts of common law with respect to matters depending in the same courts shall and may be exercised by the courts of Chancery [¹ and Exchequer] with respect to matters therein depending, and by the lord chancellor, master of the rolls, and Court of Commissioners of Bankruptcy respectively in matters of bankruptcy, and by the lord chancellor in matters of lunacy; and all remedies hereby given to judgment creditors are in like manner given to persons to whom any monies or costs, charges, or expences are by such orders or rules respectively directed to be paid; . . .

No decree, &c. to affe real estate until registered.

28. Provided always, that no decree or order in any court of equity, nor any rule of a court of common law, nor any order in bankruptcy or lunacy, shall, by virtue of this Act, affect any lands, tenements, or hereditaments, as to purchasers, mortgagees, or creditors, unless and until a memorandum or minute containing the name and the usual or last known place of abode, and the title, trade, or profession, of the person whose estate is intended to be affected thereby, and the court, and the title of the cause or matter in which such decree, order, or rule shall have been obtained or made, and the date of such decree, order, or rule, and the amount of the debt, damages, costs, or, monies thereby recovered or ordered to be paid, shall be left with such person, being any officer of the Court of Chancery as the lord chancellor or master of the rolls, shall appoint, any notice of any such decree, order, or rule to any purchaser, mortgagee, or creditor in anywise notwithstanding; and such officer shall forthwith enter the same particulars in a book in alphabetical order, by the name of the person whose estate is intended to be affected by such judgment, decree, order, or rule; and such officer shall be entitled for any such entry to the sum of five shillings; and all persons shall be at liberty to search the same book on payment of the sum of one shilling.

[S. 29 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Removal of judgments &c. of inferior courts.

30. In all cases where final judgment shall be obtained in any action or suit in any inferior court of record, in which at the time of passing of this Act a barrister of not less than six years’ standing shall act as judge, assessor, or assistant in the trial of causes, and also in all cases where any rule or order shall be made by any such inferior court of record as aforesaid, whereby any sum of money, or any costs, charges, or expences shall be payable to any person, it shall be lawful for the judges of any of her Majesty’s superior courts of record at Dublin, or for any judge of any of the said courts at chamber, either in term or vacation, upon the application of any person who at the time of the commencement of this Act shall have recovered or who shall at any time thereafter recover such judgment, or to whom any money, or costs, charges, or expences, shall be payable by such rule or order as aforesaid, or upon the application of any person on his behalf, and upon the production of the record of such judgment, or upon the production of such rule or order, such record, or rule or order, as the case may be, being respectively under the seal of the inferior court and signature of the proper officer thereof, to order and direct the judgment, or (as the case may be) the rule or order of such inferior court, to be removed into the said superior court; and immediately thereupon such judgment, rule, or order shall be of the same force, charge, and effect as a judgment recovered in or a rule or order made by such superior court; and all proceedings shall and may be immediately had and taken thereupon, or by reason or in consequence thereof, as if such judgment so recovered, or rule or order so made, had been originally recovered in or made by the said superior court; and all the reasonable costs and charges attendant upon such application and removal shall be recovered in like manner as if the same were part of such judgment, or rule or order: Provided always, that no such judgment, or rule or order, when so removed as aforesaid, shall affect any lands, tenements, or hereditaments as to purchasers, mortgagees, or creditors any further than the same would have done if the same had remained a judgment, rule, or order of such inferior court, unless and until a writ of execution thereon shall be actually put into the hands of the sheriff or other officer appointed to execute the same: Provided also, that nothing herein contained shall extend or apply to any decree, dismiss, rule, or order of any assistant barrister, or any order of any judge made upon any appeal from any such decree or dismiss, or to any decree or order of any manor court, or to any order made upon any appeal from any such decree or order.

Executors may bring actions for injuries to the real estate of the deceased;

and actions may be brought against executors for an injury to property, real or personal, by their testator.

31. [Recital.] An action of trespass or trespass on the case (as the case may be) may be maintained by the executors or administrators of any person deceased for any injury to the real estate of such person committed in his lifetime for which an action might have been maintained by such person, so as such injury shall have been committed within six calendar months before the death of such deceased person, and provided such action shall be brought within one year after the death of such person; and the damages, when recovered, shall be part of the personal estate of such person; and further, an action of trespass or trespass on the case (as the case may be) may be maintained against the executors or administrators of any person deceased for any wrong committed by him in his lifetime to another in respect of his property, real or personal, so as such injury shall have been committed within six calendar months before such person’s death, and so as such action shall be brought within six calendar months after such executors or administrators shall have taken upon themselves the administration of the estate and effects of such person; and the damages to be recovered in such action shall be payable in like order of administration as the simple contract debts of such person.

Limitation of actions of debt on specialties, &c.

32. [¹] All actions of debt for rent upon an indenture of demise, all actions of covenant or debt upon any bond or other specialty, and all actions of debt or scire facias upon any recognizance, and also all actions of debt upon any award where the submission is not by specialty, or for any fine due in respect of any copyhold estates, or for an escape, or for money levied on any fieri facias, and all actions for penalties, damages, or sums of money given to the party grieved by any statute now or hereafter to be in force, that shall be sued or brought at any time after the time when this Act shall commence and take effect, shall be commenced and sued within the time and limitation herein-after expressed, and not after; (that is to say,) the said actions of debt for rent upon an indenture of demise, or covenant or debt upon any bond or other specialty, actions of debt, or scire facias upon recognizance, within ten years after the end of this present session, or within twenty years after the cause of such actions or suits, but not after; the said actions by the party grieved one year after the end of this present session, or within two years after the cause of such actions or suits, but not after; and the said other actions within three years after the end of this present session, or within six years after the cause of such actions or suits, but not after; provided that nothing herein contained shall extend to any action given by any statute where the time for bringing such action is or shall be by any statute specially limited.

Extension of time in ease of infants, femes covert, &c.

Provision for absence of defendants beyond seas.

33. [¹] If any person or persons that is or are or shall be entitled to any such action or suit, or to such scire facias, is or are, or shall be at the time of any such cause of action accrued, within the age of twenty-one years, feme covert, non compos mentis, or beyond the seas, then such person or persons shall be at liberty to bring the same actions, so as they commence the same within such times after their coming to or being of full age, discovert, of sound memory, or returned from beyond the seas, as other persons having no such impediment should, according to the provisions of this Act, have done; and if any person or persons against whom there shall be any such cause of action is or are or shall be at the time such cause of action accrued beyond the seas, then the person or persons entitled to any such cause of action shall be at liberty to bring the same against such person or persons, within such times as are before limited, after the return of such person or persons from beyond the seas.

Acknowledgment in writing, or part payment.

34. [¹] Provided always, that if any acknowledgment shall have been made, either by writing signed by the party liable by virtue of such indenture, specialty, or recognizance, or his agent, or by part payment or part satisfaction on account of any principal or interest being then due thereon, it shall and may be lawful for the person or persons entitled to such actions to bring his or their action for the money remaining unpaid and so acknowleged to be due, within twenty years after such acknowledgment by writing or part payment or part satisfaction as aforesaid; or in case the person or persons entitled to such action shall at the time of such acknowledgment be under such disability as aforesaid, or the party making such acknowledgment be at the time of making the same beyond the seas, then within twenty years after such disability shall have ceased as aforesaid, or the party shall have returned from beyond the seas (as the case may be); and the plaintiff or plaintiffs in any such action on any indenture, specialty, or recognizance, may, by way of replication, state such acknowledgment, and that such action was brought within the time aforesaid in answer to a plea of this statute.

Limitation of new actions after judgment or outlawry reversed.

35. [¹] If in any of the said actions judgment be given for the plaintiff, and the same be reversed by error, or a verdict pass for the plaintiff, and upon matter alleged in arrest of judgment the judgment be given against the plaintiff, that he take nothing by his plaint, writ, or bill, or if in any of the said actions the defendant shall be outlawed, and shall after reverse the outlawry, in all such cases the party plaintiff, his executors or administrators (as the case shall require), may commence a new action or suit from time to time within a year after such judgment reversed, or such judgment given against the plaintiff, or outlawry reversed, and not after.

No part of the United Kingdom, &c. to be deemed, beyond the seas.

36. [¹] No part of the United Kingdom of Great Britain and Ireland, nor the Islands of Man, Guernsey, Jersey, Alderney, and Sark, nor any islands adjacent to any of them, being part of the dominions of Her Majesty, shall be deemed to be beyond the seas within the meaning of this Act, . . .

[Ss, 37–41, 43, 44, rep. 55 & 56 Vict. c. 19 (S.L.R.). S. 42 rep. 51 & 52 Vict. c. 57. (S.L.R.)]

Sheriffs to name deputies to be resident in Dublin.

45. The sheriff of each county in Ireland shall severally name a sufficient deputy, who shall be resident or have an office within one mile from the Four Courts, Dublin, for the receipt of writs, granting warrants thereon, making returns thereto, and accepting of all rules and orders to be made on or touching the execution of any process or writ to be directed to such sheriff.

[Ss. 46, 47, 51, 52 rep. 38 & 39 Vict. c. 66. (S.L.R.). Ss. 48–50 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Juries may allow interest upon debts.

53. Upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law; and provided also, that such interest so to be allowed by such jury shall not be so allowed for any period exceeding six years.

In certain actions the jury may give damages in the nature of interest.

54. The jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, give damages in the nature of interest, for any period not exceeding six years, over and above the value of the goods at the time of the conversion or seizure, in all actions of trover or trespass de bonis asportatis, and over and above the money recoverable in all actions on policies of assurance made after the passing of this Act.

[Ss. 55, 56 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

One or more of several defendants in any action, having a nolle prosequi or a verdict, shall have costs.

57. Where several persons shall be made defendants in any personal action, and any one or more of them shall have a nolle prosequi entered as to him or them, or upon the trial of such action shall have a verdict pass for him or them, every such person shall have judgment for and recover his reasonable costs, unless, in the case of a trial, the judge before whom such cause shall be tried shall certify upon the record, under his hand, that there was a reasonable cause for making such person a defendant in such action.

[Ss. 58, 59 rep. 55 & 56 Vict. c. 19. (S.L.R.). S. 60, rep. 51 & 52 Vict. c. 57. (S.L.R.)]

Executors of lessor may distrain for arrears of rent in his lifetime.

61. It shall be lawful for the executors or administrators of any lessor or landlord to distrain upon the lands demised for any term, or at will, for the arrearages of rent due to such lessor or landlord in his lifetime, in like manner as such lessor or landlord might have done in his lifetime.

Arrears may be distrained for within six months after determination of term.

62. Such arrearages may be distrained for after the end or determination of such term or lease at will, in the same manner as if such term or lease had not been ended or determined; provided that such distress be made within the space of six calendar months after the determination of such term or lease, and during the continuance of the possession of the tenant from whom such arrears became due; provided also, that all and every the powers and provisions in the several statutes made relating to distresses for rent shall be applicable to the distresses so made as aforesaid.

Submission to arbitration by rule of court, &c. not to be revocable without leave of the court, &c.

Enlargement of time for award.

63. [Recital.] The power and authority of any arbitrator or umpire appointed by or in pursuance of any rule of court, or judge’s order, or order of nisi prius, in any action, which shall be hereafter brought, or by or in pursuance of any submission to reference containing an agreement that such submission shall be made a rule of any of Her Majesty’s Courts of record, shall not be revocable by any party to such reference, without the leave of the court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of a judge; and the arbitrator or umpire shall and may and is hereby required to proceed with the reference, notwithstanding any such revocation, and to make such award, although the person making such revocation shall not afterwards attend the reference; and the court, or any judge thereof, may from time to time enlarge the term for any such arbitrator making his award.

Power to compel the attendance of witnesses, &c. at a reference

64. When any reference shall have been made by any such rule or order as aforesaid, or by any submission containing such agreement as aforesaid, it shall be lawful for the court by which such rule or order shall be made, or which shall be mentioned in such agreement, or for any judge, by rule or order to be made for that purpose, to command the attendance and examination of any person to be named or the production of any documents to be mentioned in such rule or order; and the disobedience to any such rule or order shall be deemed a contempt of court, if, in addition to the service of such rule or order, an appointment of the time and place of attendance in obedience thereto, signed by one at least of the arbitrators, or by the umpire, before whom the attendance is required, shall also be served either together with or after the service of such rule or order: Provided always, that every person whose attendance shall be so required, shall be entitled to the like conduct money, and payment of expences and for loss of time, as for and upon attendance at any trial; provided also, that the application made to such court or judge for such rule or order shall set forth the county where such witness is residing at the time, or satisfy such court or judge that such person cannot be found; provided also, that no person shall be compelled to produce, under any such rule or order, any writing or other document that he would not be compelled to produce at a trial, or to attend at more than two consecutive days, to be named in such order.

[S. 65 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Powers of 13 Geo. 3. c. 63. extended to all actions in the courts at Dublin, when examination of witnesses by commission shall appear necessary.

66. [Recital of 13 Geo. 3. c. 63.; 1 Will 4 c. 22.] All and every the powers, authorities, provisions, and matters contained in the said recited Act of the thirteenth year of the reign of his said late Majesty King George the Third, relating to the examination of witnesses in India, shall be and the same are, with reference to all actions in any of her Majesty’s courts of law at Dublin, hereby extended to all colonies, islands, plantations, and places under the dominion of her Majesty in foreign parts, and to the judges of the several courts therein, and to all actions depending in any of her Majesty’s courts of law at Dublin, in what place or county soever the cause of action may have arisen, and whether the same may have arisen within the jurisdiction of the court to the judges whereof the writ or commission may be directed, or elsewhere, when it shall appear that the examination of witnesses under a writ or commission issued in pursuance of the authority hereby given will be necessary or conducive to the due administration of justice in the matter wherein such writ shall be applied for.

Judges to whom the commission is directed may enforce the attendance, &c. of witnesses.

67. When any writ or commission shall issue under the authority of the said last-mentioned Act and of this Act, or of the power herein-before given by this Act, the judge or judges to whom the same shall be directed shall have the like power to compel and enforce the attendance and examination of witnesses as the court whereof they are judges does or may possess for that purposes in suits or causes depending in such court.

[Ss. 68–70 rep. 55 & 56 Vict. c. 19. (S.L.R.)]

Prisoners may be removed by habeas corpus for examination.

71. It shall be lawful for any sheriff, gaoler, or other officer having the custody of any prisoner, to take such prisoner for examination under the authority of this Act, by virtue of a writ of habeas corpus to be issued for that purpose; which writ shall and may be issued by any court or judge under such circumstances and in such manner as such court or judge may now by law issue the writ commonly called a writ of habeas corpus ad testificandum.

[Ss. 72–75 rep. 55 & 56 Vict. c. 19. (S.L.R.). S. 76 rep. 51 & 52 Vic c. 57. (S.L.R)]

Construction of Act.

Extent of Act.

77. This Act shall extend to aliens, denizens, and women, both to make them subject thereto and to entitle them to all the benefits given thereby; and all powers given to or duties directed to be performed by the lord chancellor may be performed by the lord keeper or lords commissioners of the great seal; and whenever this statute hath used words importing the singular number or the masculine gender only, it shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and this Act shall not extend to Great Britain, except where expressly mentioned.

Persons making false oath or declaration liable to the penalties of perjury, &c.

78. If any prisoner or other person taking an oath under the provisions of this Act shall wilfully fors wear and perjure himself in any oath to be taken under this Act, and shall be lawfully convicted thereof, the person so offending shall suffer such punishment as may by law be inflicted on persons convicted of wilful and corrupt perjury; and in all cases wherein by this Act an oath is required, the solemn affirmation or declaration of any person being a Quaker, or other person by law allowed to affirm or declare, shall and may be accepted and taken in lieu thereof; and every person making such affirmation or declaration, who shall be convicted of wilful false affirmation or declaration, shall incur and suffer such and the same penalties as are inflicted and imposed upon persons convicted of wilful and corrupt perjury.

[S. 79 rep. 37 & 38 Vict. c. 96, (S.L.R.). S. 80 (appointing the 1st November 1840, for the commencement of the Act) rep. 51 & 52 Vict. c. 57. (S.L.R.)]

SCHEDULES to which this Act refers.

[Sched. (A.) rep. 51 & 52 Vict. c. 57. (S.L.R.)]

Sect. 15.      Schedule (B.)

[¹ Short title, “The Debtors (Ireland) Act, 1940.” See 55 & 56 Vict. c. 10.]

[¹ Section 20, so far as it relates to personal actions or actions of ejectment in the superior courts of law in Ireland. is rep. 16 & 17 Vict. c. 113. s. 3., except so far as relates to the jurisdiction of a court of equity.]

[¹ Rep. 55 & 56 Vict. c. 19. (S.L.R.)]

[¹ Section 32, so far as it relates to personal actions or actions ejectment in the superior courts of law in Ireland, is rep. 16 & 17 Vict. c. 113. s. 3., except so far as relates to the jurisdiction of a court of equity.]

[¹ Sections 33, 34, so far as they relate to personal actions or actions of ejectment in the superior courts of law in Ireland, are rep. 16 & 17 Vict. c. 113. s. 3, except so far as relates to the jurisdiction of a court of equity.]

[¹ Sections 33, 34, so far as they relate to personal actions or actions of ejectment in the superior courts of law in Ireland, are rep. 16 & 17 Vict. c. 113. s. 3, except so far as relates to the jurisdiction of a court of equity.]

[² Sections 35, 36, so far as they relate to personal actions or actions of ejectment in the superior courts of law in Ireland, are rep. 16 & 17 Vict. c. 113. s. 3, except so far as relates to the jurisdiction of a court of equity.]

[² Sections 35, 36, so far as they relate to personal actions or actions of ejectment in the superior courts of law in Ireland, are rep. 16 & 17 Vict. c. 113. s. 3, except so far as relates to the jurisdiction of a court of equity.]