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‘WHEREAS by an Act passed in the Session of the Thirteenth and Fourteenth Years of the Reign of He present Majesty, intituled An Act to amend the Laws concerning Judgments in Ireland; it was enacted, that the Provision therein-before recited of the Acts of the Sixth Year of King William the Fourth and the Fourth Year of Her Majesty should not in any wise extend or be applicable to any Judgement entered up in any of Her Majesty’s Superior Courts a Dublin, or obtained in any Inferior Court of Record, after the passing of the said Act nor to any Decree, Order, or Rule made after the passing of the said Act, and no Writ of Elegi or Writ of Execution (save as therein-after mentioned) should issue or be sued upon any such Judgment, Decree, Order, or Rule, against any Lands, Tenements, or Hereditaments, or any Estate or Interest therein, nor should any Lands, Tenements, or Hereditaments, or any Estate or Interest, be charged or affected by any such Judgment, Decree, Order, or Rule save as provided by the said Act: And whereas it was thereby further enacted, that where any Judgment should be entered up after the passing of the said 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, should be made, after the passing of the said Act, or any Judgment, Rule, or Order should be obtained or made in or by any Inferior Court of Record, after the passing of the said Act, and should, under the Provisions of the Act of the Fourth Year of Her Majesty, therein recited, 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 should know or believe that the Person against whom such Judgment, Decree, Order, or Rule to be 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 might without the Assent of any other Person exercise for his own Benefit, and that where any Judgment had been entered up before the passing of the Act hereby recited in any of Her Majesty’s Superior Courts of 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, had been made before the passing of the now recited Act, or any Judgment, Rule, or Order had been obtained or made in or by any Inferior Court of Record before the passing of the now recited Act, and had been or should 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, should know or believe that the Person against whom such Judgment, Decree, Order, or Rule might have been entered up, obtained, or made is seised or possessed as aforesaid over any Lands, Tenements, or Hereditaments which by virtue of the now recited Act are exempted from being taken in Execution under any Writ of Execution to be issued upon such Judgment, Decree, Order, or Rule, it should 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 the now recited Act, whichever should last happen, to make mid file in the Superior Court in, by, or into which such Judgment, Rule, or Order might have been entered up, made, or removed, or in the Court of Equity by which such Decree or Order might have been made, or in 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 might have 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 therein-after mentioned, of 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 might have been 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 that such Affidavit should specify the County and Barony, or the Town or County of a City and Parish, or the Town mid 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 same should be distinctly stated in such Affidavit; and that it should 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 Offices an Office Copy of such Affidavit, and that such Copy should be numbered and transcribed, and be entered in the Book 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 Creditors under such Judgment, Decree, Order, or Rule should be deemed the Grantee, and the Debtor thereunder should he deemed the Grantor, and the Amount of the Debt, Damages, Costs, or Monies recovered or ordered to be paid thereby should be deemed the Consideration; and the like Fees should be paid on such Registration as in the Case of registering Memorial of a Deed: And whereas it was thereby further enacted, that the Registration as aforesaid of such Affidavit should operate to transfer to and vest in the Creditor registering such Affidavit all the Lands, Tenements, and Hereditaments mentioned therein, for all the Estate and Interest of which the Debtor mentioned in such Affidavit should at the Time of such Registration be seised or possessed, at Law or in Equity, or might at such Time create, by virtue of any disposing Power which he might then without the Assent of any other Person exercise for his own Benefit, but subject to Redemption on Payment of the Money owing on the Judgment, Decree, Order, or Rule mentioned in such Affidavit; and that such Creditor, and all Persons claiming through or under him, should, in respect of such Lands, Tenements, and Hereditaments, or such Estate or Interest therein as aforesaid, have all such Rights, Powers, and Remedies whatsoever as if an effectual Conveyance, Assignment, Appointment, or other Assurance to such Creditor of all such Estate or Interest, but subject to Redemption as aforesaid, had been made, executed, and registered at the Time of registering such Affidavit: And whereas for the Purposes of Registration under the said recited Act a Form of Affidavit has been generally adopted which purports to verify on Oath the Seisin or Possession and the Description of the Lands to be affected by such Registration, in manner directed by the said recited Act, but in which the Name or Title of the Cause or Matter, and the Court in which such Judgment, Decree, Order, or Rule hits 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 die Plaintiff (if there be such), and of the Defendant or Person whose Estate is intended to be affected, by the Registration of 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, or some One or more of such Facts, appear or have been stated, recited, or referred to on the Face of such Affidavit, without being covered by a Verification on Oath: And whereas the Validity of Registration upon Affidavits in such Form has been questioned: And whereas the Omission to verify such Facts upon Oath has been general, and, unless some legislative Remedy be applied to such Cases, might lend to Confusion and Injustice if such Objections should be ultimately decided as valid: And whereas all Persons who have searched the said Registry must have had full Notice of such Facts, so far as same have been truly stated:’ Be it therefore enacted by the Queen’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, as follows:
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Power to Creditor to file supplemental Affidavit as to certain Matters.
Effect of supplemental Affidavit.
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I. That wherever it shall appear that any of such Facts appear or have been so stated, recited, or referred to on the Document so registered as an Affidavit under the said recited Act before the passing of this Act, but are not included in or under the Verification on Oath therein contained, it shall and may be lawful for the Creditor under any such Judgment, Decree, Order, or Rule, or for any Person entitled, whether legally or equitably, to the Sum payable in respect of the same, or any Part thereof, or for any Person who would then be entitled to register an Affidavit of such Judgment, Decree, Order, or Rule so theretofore sought to be registered as aforesaid, on or before the First Day of July One thousand eight hundred and fifty-nine, to make and file, in addition to the original Affidavit in the Court in which such original Affidavit shall have been filed, a supplemental Affidavit verifying any such Fact or Facts so theretofore stated, recited, or referred to as aforesaid: Provided that in every supplemental Affidavit the Description and Residence or last known Place of Abode of the Defendant or Defendants as then known or existing shall be stated, and such Statement shall be deemed and taken as if the Description and Abode of the Defendant or Defendants had been verified in the original Affidavit to which such new Affidavit shall be supplemental, and to cause an Office Copy of such supplemental Affidavit to be attached to the Copy of the original Affidavit so previously deposited in reference to the same Judgment, Decree, Order, or Rule, which the Officer of the said Registry is hereby authorized and directed to do, on being paid the like Fees or Stamp Duty as are payable on the Registration of an Affidavit under the said recited Act; and such supplemental Affidavit, when so registered, shall have the like Operation and Effect as if the Facts so verified by same had been verified on Oath in such original Affidavit filed in respect of the same Judgment, Decree, Order, or Rule: Provided always, that nothing in this Act contained shall prejudice the Right or Title of any Person who shall previously to the passing thereof have obtained the Decision of any of Her Majesty’s Superior Courts of Law at Dublin as to the Sufficiency or Validity of the Registration or the Priority of any Judgment, Decree, Order, or Rule already registered; but every such, Judgment already registered shall entitle the Person by whom such Decision has been obtained, his Executors, Administrators, and Assigns, to the same Rights and Benefits to which he would have been entitled if this Act had not passed; so, nevertheless, that no Person claiming the Benefit of this Proviso shall be entitled to avail himself of this Act or the Powers hereby given for the Purpose of supplying any Defect in the Registration of such Judgment.
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