BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutes of Northern Ireland


You are here: BAILII >> Databases >> Statutes of Northern Ireland >>
URL: http://www.bailii.org/nie/legis/num_act/icjea1882417.txt

[New search] [Help]


INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - LONG TITLE

An Act to render Judgments obtained in certain Inferior Courts in
England, Scotland, and Ireland respectively, effectual in any other
part of the United Kingdom.{1}
[24th July 1882]
Preamble rep. by SLR 1898

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 1
Short title.

1. This Act may be cited for all purposes as the Inferior Courts
Judgments Extension Act, 1882.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 2
Interpretation.

2. In this Act the following words and expressions shall have the
interpretations and meanings in this section assigned to them
respectively, unless there be something in the subject or context
repugnant to such construction; (that is to say,)

The expression "judgment" shall include decreet, civil bill decree,
dismiss, or order:

The expression "inferior courts" shall include County Courts, Civil
Bill Courts, and all Courts in England and Ireland having
jurisdiction to hear and determine civil causes, other than the High
Courts of Justice; and in Ireland, Courts of Petty Sessions ...;
and in Scotland shall include the Sheriffs Courts and the Courts
held under the Small Debts and Debts Recovery Acts:

The expression "registrar of an inferior court" shall include the
sheriff clerk of a Sheriffs Court in Scotland, and any officer
fulfilling the duties of a registrar in an inferior court in
England; and in Ireland shall include the [chief clerk] or other
officer whose duty it is to enter the judgment, decree, or order
of the court:

"Prescribed" means prescribed by rules made under the provisions of
this Act:

The expression "person" shall include any party or parties to a
cause in any inferior court in England, Scotland, or Ireland:

The expression "plaintiff" shall include pursuer, complainer, or any
person at whose instance any action or proceeding in an inferior
court is instituted; and the expression "defendant" shall include
defender, respondent, or other person against whom any such action
or proceeding is directed:

The expression "action" shall mean the action or other proceeding in
which any judgment was pronounced; and the expression "summons" shall
mean the summons or other initial writ in such action.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 3
Registrar of Inferior Court to grant certificate of judgment.

3. Where judgment shall hereafter be obtained or entered up in any
of the inferior courts of England, Scotland, or Ireland respectively
for any debt, damages, or costs, the registrar of such inferior
court or other proper officer shall after the time for appealing
against such judgment shall have elapsed, and in the event of such
judgment not being reversed upon appeal or of execution thereunder
not being stayed, upon the application of the party who has
recovered such judgment, and upon proof that the same has not been
satisfied, and payment of the prescribed fee, grant a certificate in
the form in the schedule to this Act annexed.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 4
Registration of certificate shall have the effect of a judgment of
the Court in which it is registered.

4. On the production ... to the registrar or other proper officer
of a Civil Bill Court in Ireland where a judgment has been
obtained in England or Scotland of a certificate under this Act
purporting to be signed by the registrar or other proper officer of
the inferior court where such judgment was obtained, such certificate
shall, on payment of the prescribed fee, be registered in the
prescribed form by such registrar or other proper officer to whom
the same shall be produced for that purpose; and all reasonable
costs and charges attendant upon the obtaining and registering such
certificate shall be added to and recovered in like manner as if
the same were part of the original judgment. No certificate of any
such judgment shall be registered as aforesaid in any inferior court
in the United Kingdom more than twelve months after the date of
such judgment.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 5
Execution of judgments.

5. Where a certificate of a judgment of any of the inferior courts
aforesaid has been registered under this Act, process of execution
may issue thereon ... against any goods or chattels of the person
against whom such judgment shall have been obtained, ..., in the
same or the like manner as if the judgment to be executed had
been obtained in the Court in which such certificate shall be so
registered as aforesaid.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 6
Jurisdiction over registered judgments limited to execution.

6. The courts of Great Britain and Ireland to which this Act
applies shall, in so far as relates to execution under this Act,
have and exercise the same control and jurisdiction over and with
respect to the execution of any judgment, a certificate of which
shall be registered under this Act, as they now have and exercise
over and with respect to the execution of any judgment in their
own courts.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 7
Cancellation of registry.

7. On proof of the setting aside, or satisfaction, of any judgment
of which a certificate shall have been registered under this Act,
the Court in which such certificate is so registered may order the
registration thereof to be cancelled.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 8
Costs in actions on judgments.

8. In any action brought in any of the inferior courts aforesaid
for the purpose of enforcing any judgment which might be registered
under this Act in the country in which such action is brought, the
party bringing such action shall not recover or be entitled to any
costs or expenses, unless the Court in which such action shall be
brought shall otherwise order.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 9
Saving as to limits of local jurisdiction.

9. Nothing contained in this Act shall authorise the registration in
an inferior court of the certificate of any judgment for a greater
amount than might have been recovered if the action or proceeding
had been originally commenced in such inferior court.

Provided that where a judgment obtained in an inferior court in
Scotland cannot be registered in an inferior court in ... Ireland,
by reason of its being for a greater amount than might have been
recovered if the action or proceeding had been originally commenced
in such inferior court, it shall be competent to register a
certificate of such judgment in the register directed to be kept in
the ... [High Court of Justice in Northern Ireland], to be called
"The Register of Scotch Judgments," by section three of the
Judgments Extension Act, 1868, in the same manner, to the same
effect, and subject to the same provisions, as if the said
certificate had been a certificate of an extracted decreet of the
Court of Session, registered in the said register under the said
Act.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 10
Act not to apply in certain cases.

10. This Act shall not apply to any judgment pronounced by any
inferior court in England against any person domiciled in ...
Ireland at the time of the commencement of any action, unless the
whole cause of action shall have arisen, or the obligation to which
the judgment relates ought to have been fulfilled, within the
district of such inferior court, and the summons was served upon
the defendant personally within the said district, nor to any
judgment pronounced by any inferior court in Scotland against any
person domiciled in ... Ireland at the time of the commencement of
any action, unless the whole cause of action shall have arisen, or
the obligation to which the judgment relates ought to have been
fulfilled, within the district of such inferior court, and the
summons was served upon the defendant personally within the said
district, nor to any judgment pronounced by any inferior court in
Ireland against any person domiciled in England or Scotland at the
time of the commencement of any action, unless the whole cause of
action shall have arisen, or the obligation to which the judgment
relates ought to have been fulfilled, within the district of such
inferior court, and the summons was served upon the defendant
personally within the said district.

Provided that it shall be competent to any person against whom any
judgment to which this Act does not apply, as aforesaid, is sought
to be enforced by registration in the register of an inferior court
in ... Ireland, to apply for and obtain from one of the superior
courts of ... Ireland a prohibition or injunction against the
enforcement of such judgment, and of any execution thereupon; ...,
and in any such proceeding as aforesaid the unsuccessful party may
be found liable in costs.

INFERIOR COURTS JUDGMENTS EXTENSION ACT 1882 - SECT 11
Rules.

11. Rules for the purposes of this Act may be made and altered
from time to time by the like persons and in the like manner in
which rules and regulations may be ... made under and for the
purposes of ... the Civil Bill Courts Acts in Ireland; provided
that the said rules and regulations shall not extend the
jurisdiction of any inferior court.I , certify that [here state
name, business, or occupation, and address of person obtaining
judgment, and whether Plaintiff or Defendant] on the day of 18,
obtained judgment against [here state name, business, or occupation,
and address of person against whom judgment was obtained, and
whether Plaintiff or Defendant] in the Court of for payment of the
sum of on account of [here state shortly the nature of the claim
with the amount of costs (if any) for which judgment was obtained].

[To be signed by the Registrar or other proper Officer of the
Inferior Court from which the certificate issues, and to be sealed
with the Seal of the Court.]

The above certificate is presented by me for registration in the
Court of , in accordance with the provisions of the Inferior Courts
Judgments Extension Act, 1882.

[Signature and address of Solicitor, Law Agent, or Creditor
presenting for Registration.]


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_act/icjea1882417.txt