Civil Bill Courts Procedure Amendment (Ireland) Act 1871

JurisdictionUK Non-devolved
Citation1871 c. 99


Civil Bill Courts Procedure Amendment Act (Ireland), 1871.

(34 & 35 Vict.) CHAP. 99.

An Act to amend the Procedure in the Civil Bill Courts in Ireland.

[21st August 1871]

W HEREAS it is expedient to amend the procedure of the Civil Bill Courts in Ireland, and to enlarge the provision for the better execution of the decrees and orders of the said Court:

Be it 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:

S-1 Commencement of Act.

1 Commencement of Act.

1. This Act shall come into operation on the first day of October one thousand eight hundred and seventy-one.

S-2 Limit of Act.

2 Limit of Act.

2. This Act shall extend to Ireland only.

S-3 Short title.

3 Short title.

3. This Act may be cited for all purposes ‘TheCivil Bill Courts Procedure Amendment Act (Ireland), 1871.’

S-4 & 28 Vict. c. 99. to be construed with this Act.

4 & 28 Vict. c. 99. to be construed with this Act.

4.‘The Civil Bill Courts Procedure Amendment (Ireland) Act, 1864,’ and the several provisions of Acts incorporated with the said Act shall, as the same are amended by this Act and so far as the same are not inconsistent therewith, be read together with this Act as if the same and this Act were one Act.

S-5 Chairman may give permission to nominate special bailiff at peril of party.

5 Chairman may give permission to nominate special bailiff at peril of party.

5. The sheriff of every county shall, on the demand of the plaintiff in a decree (except a decree for the possession of land), or of the defendant in any dismiss heretofore made or hereafter to be made, grant a special warrant to such plaintiff or defendant, as the case may be, nominating one or more bailiffs and his or their assistants to execute same at the peril of such plaintiff or defendant, as the case may be, and said warrant shall be in the form in the schedule hereunto annexed, or to the like effect; provided, however, that the chairman of every quarter sessions, on application to him in open court, may, within his jurisdiction, by endorsement on any such decree or dismiss, direct that no special warrant shall be given to the plaintiff or defendant; and where any such endorsement is made, the sheriff shall not grant a special warrant. The sheriff shall be entitled to a fee of one shilling upon every such warrant, and after signing said warrant shall not be...

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