Civil Bill Courts Procedure Amendment (Ireland) Act 1864
| Jurisdiction | UK Non-devolved |
| Citation | 1864 c. 99 |
| Year | 1864 |
(27 & 28 Vict.) C A P. XCIX.
[29th July 1864]
'WHEREAS it is expedient to amend the Procedure in the Civil Bill Courts inIreland , and to make Provision for the better Execution of the Decrees and Orders of such Courts:' 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:
1 Commencement of Act.
1. The Provisions of this Act shall come into operation on the First Day ofMarch One thousand eight hundred and sixty-five.
2 Short Title.
2. This Act may be cited for all Purposes as ‘TheCivil Bill Courts Procedure Amendment Act (Ireland), 1864.’
3 Interpretation of Terms.
3. In the Construction of this Act the following Words and Expressions shall have the Force and Meaning hereby assigned to them, unless there be something in the Subject or Context repugnant thereto:
The Word ‘Person’ or ‘Party’ shall extend to and include any Body Politic, Corporate, or Collegiate, whether aggregate or sole, and any public Company:
The Word ‘Lands’ shall include Houses, Messuages, and Tenements, and Premises, whether corporeal or incorporeal; and the Word ‘Premises’ shall include Lands, Houses, and Tenements, corporeal or incorporeal:
The Word ‘County’ shall extend to and include a County of a City, a County of a Town, a Town, a City, a Borough, and a Riding of a County:
The Word ‘Decree’ shall include a Dismiss, or any Renewal of a Decree or Dismiss, or any Order of the Civil Bill Courts for the Payment of Money, or any Warrant, or any ‘Order’ for, or ‘Writ of Restitution,’ issuing out of or awarded by such Courts:
The Word ‘Defendant’ shall mean also the Person or Party whose Body, Goods, or Chattels may be liable to be taken under any Decree, Dismiss, Renewal, or Order of the Civil Bill Courts:
The Word ‘Bailiff’ shall mean any Bailiff duly appointed by the Sheriff under and in pursuance of this Act, and shall include any Person assisting the Sheriff, Under Sheriff, or such Bailiff with the Authority and in the Presence of such Sheriff, Under Sheriff, or Bailiff, in the Execution of any Decree, Dismiss, Renewal, Order, Writ, or Warrant of the Civil Bill Courts:
The Expression ‘Civil Bill Court’ shall mean the Court for the hearing of Civil Bill Causes held in the several Counties ofIreland :
The Expressions ‘Chairman of the Court of Quarter Sessions,’‘Chairman of the County,’ and ‘Chairman’ shall include the Judge of the Court for hearing Civil Bill Causes for such County, and shall extend to and include the Recorders of the City ofDublin and City of Cork , and the Recorder of any City, Borough, or Town in Ireland , under the Act passed in the Third and Fourth Years of Her Majesty's Reign, intituled An Act for the Regulation of Municipal Corporations in Ireland, and their Deputies, lawfully appointed:
The Expression ‘Clerk of the Peace’ shall include the Acting or Deputy Clerk of the Peace, Registrar, or other Officer of the County or Recorders Courts, lawfully discharging the Duties of a Clerk of the Peace, either in a County, County of a City, or County of a Town:
The Word ‘Sheriff’ shall include the ‘Under Sheriff;’ and in Borough Civil Bill Courts, where an Officer of such Courts, and not the Sherif, has now by Law the Execution of the Decrees of such Courts, shall include and mean such Officer:
The Expression ‘Process of the Court’ shall include any Decree, Dismiss, Renewal, Order, or Writ, or other Proceeding of the Civil Bill Courts:
The Word ‘Plaintiff’ shall include, in addition to the Plaintiff in any Decree, such Person as may by any Decree, Order, or Writ of the Civil Bill Court be entitled to receive the Possession of any Land, Chattel, or Money:
The Expression ‘Lord Lieutenant’ shall include the Lords Justices ofIreland .
4 Decrees of the Civil Bill Courts to be executed by the Sheriffs and their Bailiffs.
4. All Decrees of the Civil Bill Courts signed before the Commencement of this Act, and remaining unexecuted, and all Decrees of such Courts hereafter to be signed by the Chairman of the several Counties ofIreland , shall be executed by the Sheriffs of the several Counties, Counties of Cities and of Towns respectively, or by their Bailiffs appointed under this Act, and by no other Persons; and the said Sheriffs shall be entitled to receive all Fees, and Sums of Money allowed by this Act in the Name of Fees, payable to the Sheriffs, out of which they shall provide for the Execution of the Duties for which such Fees are allowed, and for the Payment of the Bailiffs appointed to assist them under this Act; and every such Sheriff shall, save as herein-after otherwise specially provided, be responsible for his own Acts and Defaults, and for the Acts and Defaults of his Bailiffs in the Execution of the Duties imposed on him by this Act, as the Sheriff of any County in Ireland is responsible for his Acts and Defaults, and for the Acts and Defaults of his Officers in the Execution of any Writ or Process out of the Superior Courts in Ireland : Provided that whenever the Sheriff shall be a Party in any Proceeding by Civil Bill, and that any Decree shall be made therein against him, the Chairman shall appoint a Special Bailiff to execute such Decree, and the Precept of the Clerk of the Peace shall be directed to such Special Bailiff, who hall be entitled to receive the Bailiff's Fees for executing the same.
5 Sheriffs to appoint Assistant Bailiffs.
5. The Sheriff of each County, County of a City, and County of a Town inIreland shall, within One Week after the Commencement of this Act, and from Time to Time thereafter as Occasion shall require, appoint, by Writing under his Hand, a sufficient Number of Persons resident within the County, and One at least of whom shall be resident within each Quarter Sessions District thereof, to be Bailiffs to assist the said Sheriff in the Execution of the Duties imposed on him by this Act; and it shall be lawful for the Sheriff, at his Pleasure, to dismiss all or any of such Bailiffs, and appoint others or additional Bailiffs as he shall see fit: Provided that the Appointment of such Bailiffs shall not be vacated by the Death or Removal from Office of the Sheriff, but the Acts of such Bailiffs done after the Death or Removal of the Sheriff until the Appointment of the succeeding Sheriff shall be as valid as if such Sheriff had not died or been removed: Provided always, that no Action or other Proceeding shall be taken against any Sheriff for any Act, Neglect, or Omission in respect of the Provisions of this Act after the Expiration of Six Calendar Months from the Day on which the succeeding Sheriff shall be sworn into Office.
6 Chairman may fine Bailiffs for Neglect or Misconduct.
6. The Chairman shall have Power to fine any of the Bailiffs appointed to execute Civil Bill Decrees for Neglect or Misconduct in a Sum not exceeding Five Pounds, to be levied by Distress on the Goods and Chattels of such Bailiffs.
7 Names of Bailiffs to be published.
7. The Name and the Place of Abode of every Bailiff to be so appointed from Time to Time by the Sheriff, and of every Bailiff who may be so dismissed or suspended as aforesaid, shall be published immediately after the Date of such Appointment, Suspension, or Dismissal, in some One or more Newspaper or Newspapers published or circulated within the County, and shall be returned to the Office of the Clerk of the Peace of such County, and shall be otherwise promulgated by the Sheriff in such Manner as to the Chairman of the County shall seem expedient; and a List of the Bailiffs for the Time being shall be at all Times posted and kept open for public Inspection in the Office of the Under Sheriff, and in every Quarter Sessions Court House and in every Petty Sessions Room in the County.
8 Particulars of Fees, &c. to be printed on Decrees.
8. On every Civil Bill Decree to be signed after the Commencement of this Act there shall be printed, either at the Foot or on the Back thereof, a true Copy of the Fees payable to the Sheriff for executing Decrees, and to the Keepers for the Charge of the Goods seized, as specified in Part II. of Schedule (B.) to this Act annexed, and also a Copy of the Sixteenth Section of this Act.
9 Judge may order Writ of Certiorari to remove Judgment of Civil Bill Court into Superior Court.
9. If a Judge of a Superior Court shall be satisfied that a Party against whom Judgment for an Amount exceeding Twenty Pounds, exclusive of Costs has been obtained in a Civil Bill Court, has no Goods or Chattels which can be conveniently taken to satisfy such Judgment, he may, if he shall think fit, and on such Terms as to Costs as he may direct, order a Writ of Certiorari to issue to remove the Judgment of the Civil Bill Court into One of the Superior Courts, and when removed it shall have the same Force and Effect and the same Proceedings may be had thereon as in the Case of a Judgment of such Superior Court, but no Action shall be brought upon such Judgment.
10 Form of Warrant for Execution of Decree.
10. The Warrant to be added to all Civil Bill Decrees to be executed after the Commencement of this Act, whether such Decrees shall have been signed before or shall be signed after the Commencement of this Act, shall, instead of the Form to a...
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