|
|
Creditors under Judgments, Decrees, &c. entered up or made after passing of Act may file Affidavit of Ownership of Lands, and register same in Office for registering Deeds, and Creditors under Judgments, Decrees, &c. entered up or made before passing of Act may file and register a like Affidavit in respect of Lands purchased after passing of Act.
|
VI. And be it enacted, That where any Judgment shall be entered up after the passing of this Act in any of Her Majesty’s Superior Courts at Dublin, or any Decree or Order in Any Court of Equity, Rule in any Court of Common Law, or Order in Bankruptcy or Lunacy, to which the Effect of a Judgment in One of the Superior Courts of Common Law is given by the said Act of the Fourth Year of Her Majesty, shall be made after the passing of this Act, of any Judgment, Rule, or Order shall be obtained or made in or by any Inferior Court of Record after the passing of this Act, and shall, under the Provisions of the paid Act of the Fourth Year of Her Majesty, be removed into One of Her Majesty’s Superior Courts of Record at Dublin, and the Creditor under any such Judgment, Decree, Order, or Rule shall know or believe that the Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made is seised or possessed at Law or in Equity of any Lands, Tenements, or Hereditaments, of any Nature or Tenure, or has any disposing Power over any such Lands, Tenements, or Hereditaments which he may without the Assent of any other Person exercise for his own Benefit, and where any Judgment has been entered up before the passing of this Act in any of Her Majesty’s Superior Courts at Dublin, or any Decree or Order in any Court of Equity, Rule in any Court of Common Law, or Order in Bankruptcy or Lunacy, to which the Effect of a Judgment in one of the Superior Courts of Common Law is given by the said Act of the Fourth Year of Her Majesty, has been made before the passing of this Act, or any Judgment, Rule, or Order has been obtained or made in or by any Inferior Court of Record before the passing of this Act, and has been or shall be, under the Provisions of the said Act of the Fourth Year of Her Majesty, removed into one of Her Majesty’s Superior Courts at Dublin, and the Creditor under any such Judgment, Decree, Order, or Rule shall know or believe that the Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made is seised or possessed as aforesaid of, or has such disposing Power as aforesaid over, any Lands, Tenements, or Hereditaments which by virtue of this Act are exempted from being taken in execution under any Writ of Execution to be issued upon such Judgment, Decree, Order, or Rule, it shall be lawful for such Creditor, at any Time and from Time to Time after the entering up or Removal of such Judgment in or into such Superior Court, or the making of such Decree, Order, or Rule, or the passing of this Act, whichever shall last happen, to make and file in the Superior Court in, by, or into which such Judgment, Rule, or Order is entered up, made, or removed, or in the Court of Equity by which such Decree or Order is made, or in the Case of such Order in Bankruptcy or Lunacy as aforesaid, in the Court of Chancery in Ireland, an Affidavit stating the Name or Title of the Cause or Matter, and the Court in which such Judgment, Decree, Order, or Rule has been entered up, obtained, or made, and the Date of such Judgment, Decree, Order, or Rule, 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 by the Registration, as herein-after mentioned, such Affidavit, and the Amount of the Debt, Damages, Costs, or Monies recovered or ordered to be paid by such Judgment, Decree, Order, or Rule, and stating that, to the best of the Knowledge and Belief of the Deponent, the Person against whom such Judgment, Decree, Order, or Rule is entered up, obtained, or made is at the Time of the swearing of such Affidavit so seised or possessed, or has such disposing Power as aforesaid, of or over such Lands, Tenements, or Hereditaments, and such Affidavit shall specify the County and Barony, or the Town or County of a City, and Parish, or the Town and Parish, in which the Lands to which the Affidavit relates are situate, and where such Lands lie in Two or more Counties or Baronies, or Parishes or Streets, or partly in One Barony, Parish, or Street and partly in another, the some shall be distinctly stated in such Affidavit; and it shall be lawful for the Creditor making such Affidavit to register the same in the Office for registering Deeds, Conveyances, and Wills in Ireland, by depositing in such Office an Office Copy of such Affidavit; and such Copy shall be numbered and transcribed, and shall be entered in the Books and Indexes kept in the said Office, in like Manner as if the same were a Memorial of a Deed; and for the Purpose of such Entries the Creditor under such Judgment, Decree, Order, or Rule shall be deemed the Grantee, and the Debtor thereunder shall be deemed the Grantor; and the Amount of the Debt, Damages, Costs, or Monies recovered or ordered to be paid thereby shall be deemed the Consideration; and the like Fee shall be paid on such Registration as in the Case of registering a Memorial of a Deed.
|
