Common Law Procedure Amendment Act (Ireland) 1853

Writ of Revivor, and Proceedings thereunder.

CLI. In all Cases in which it shall become necessary to revive a Judgment the Party alleging himself to be entitled to Execution may sue out a Writ of Revivor, and such Writ of Revivor shall be directed to the Party called upon to show Cause why Execution should not be awarded for the Amount claimed to be due, and shall bear Date on the Day of its issuing, and after reciting the Reason why such Writ has become necessary it shall call upon the Party to whom it is directed to appear, within Eight Days after Service thereof in the Court out of which it issues, to show Cause why the Party at whose Instance such Writ has been issued should not have Execution against the Party to whom such Writ is directed for the Amount claimed to be due, and shall give Notice that in default of Defence the Party issuing such Writ may proceed to Execution for such Amount, together with the Costs of such Proceeding; and such Writ may be in the Form No. 11. contained in the Schedule B. to this Act annexed, or to the like Effect, and may be served in any County, and otherwise proceeded upon, whether in Term or Vacation, in the same Manner as a Writ of Summons and Plaint; and the Venue in such Writ may be laid in any County, and the Pleadings and Proceedings thereupon, and the Rights of the Parties respectively to Costs, shall be the same as in an ordinary Action, so far as the same may be applicable.