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Statutes of Northern Ireland |
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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.]