[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/jea1868241.txt

[New search] [Help]

JUDGMENTS EXTENSION ACT 1868

JUDGMENTS EXTENSION ACT 1868 - LONG TITLE

An Act to render Judgments or Decreets obtained in certain Courts
in England, Scotland, and Ireland, respectively effectual in any
other Part of the United Kingdom.{1}
[13th July 1868]
Preamble rep. by SLR 1893

JUDGMENTS EXTENSION ACT 1868 - SECT 1
Registration of English and Irish judgments in Dublin and Westminster
respectively.

1. Where judgment shall hereafter be obtained or entered up in any
of the Courts of Queen's Bench, Common Pleas, or Exchequer at
Westminster or Dublin respectively for any debt, damages, or costs,
on production to the master of the Court of Common Pleas at
Dublin, where such judgment shall have been obtained or entered up
in any of the said courts in England, or to the senior master of
the Court of Common Pleas at Westminster, where such judgment shall
have been obtained or entered up in any of the said courts in
Ireland, of a certificate of such judgment, in one of the forms
contained in the schedule hereto annexed, as the case may be,
purporting to be signed by the proper officer of the court where
such judgment has been obtained or entered up, such certificate
shall be registered by such master in a register to be kept in
the Court of Common Pleas at Dublin and at Westminster respectively
for that purpose, and to be called in the Court of Common Pleas
at Dublin "The Register for English Judgments", and to be called in
the Court of Common Pleas at Westminster "The Register for Irish
Judgments", and shall from the date of such registration be of the
same force and effect, and all proceedings shall and may be had
and taken on such certificate, as if the judgment of which it is
a certificate had been a judgment originally obtained or entered up
on the date of such registration as aforesaid in the court in
which it is so registered; and all the reasonable costs and charges
attendant upon the obtaining and registering such certificate shall
be recovered in like manner as if the same were part of the
original judgment: Provided always, that no certificate of any such
judgment shall be registered as aforesaid more than twelve months
after the date of such judgment, unless application shall have been
first made to and leave obtained from the court or a judge of the
court in which it is sought so to register such certificate.

JUDGMENTS EXTENSION ACT 1868 - SECT 2
Registration of English and Irish judgments in Edinburgh.

2. Where judgment shall hereafter be obtained or entered up in any
of the Courts of Queen's Bench, Common Pleas, or Exchequer at
Westminster or Dublin respectively for any debt, damages, or costs,
on production at the office kept in Edinburgh for the registration
of deeds, bonds, protests, and other writs registered in the books
of council and session of a certificate of such judgment, in one
of the forms contained in the schedule hereto annexed, as the case
may be, purporting to be signed by the proper officer of the court
where such judgment has been obtained or entered up, such
certificate shall be registered in a book to be kept for that
purpose, and to be called "The Register for English and Irish
Judgments", in like manner, as a bond executed according to the law
of Scotland, with a clause of registration for execution therein
contained; and every certificate so registered shall from the date
of such registration be of the same force and effect as a decreet
of the Court of Session, and all proceedings shall and may be had
and taken on an extract of such certificate as if the judgment of
which it is a certificate had been a decreet originally pronounced
in the Court of Session on the date of such registration as
aforesaid; and all the reasonable costs, charges, and expenses
attendant upon the obtaining and registering such certificate shall
be recovered in like manner as if the same were part of the
original judgment: Provided always, that no certificate of any such
judgment shall be registered as aforesaid more than twelve months
after the date of such judgment, unless application shall have been
first made to and leave obtained from the Lord Ordinary on the
Bills.

JUDGMENTS EXTENSION ACT 1868 - SECT 3
Registration of decreets of court of session at Dublin.

3. On production... to the Master of the Court of Common Pleas at
Dublin, of the certificate, in one of the forms contained in the
schedule hereto annexed, as the case may be, of any extracted
decreet of the Court of Session in Scotland which shall hereafter
be obtained for the payment of any debt, damages, or expenses,
purporting to be signed by the extractor of the Court of Session,
or other officer duly authorized to make and subscribe extracts, or
on production of the certificate of an extracted decreet of
registration in the books of council and session, purporting to be
signed by the keeper of the register of deeds, bonds, protests, and
other writs registered for execution in the books of council and
session, which shall hereafter be obtained for the payment of any
debt, damages or expenses, such certificate shall be registered by
such master in a register to be kept in the Court of Common Pleas
at ... Dublin... for that purpose, and to be called "The Register
for Scotch Judgments"; and such certificate when so registered shall
from the date of such registration be of the same force and effect
as a judgment obtained or entered up in the court in which it is
so registered, and all proceedings shall and may be had and taken
on such certificate as if the decreet of which it is a certificate
had been a judgment originally obtained or entered up on the date
of such registration as aforesaid in the court in which it is so
registered; and all the reasonable costs, charges, and expenses
attendant upon the obtaining and registering such certificate shall
be recovered in like manner as if the same were part of the
decreet of which it is a certificate: Provided always, that no
certificate shall be registered as aforesaid more than twelve months
after the date of such decreet unless application shall have been
first made to and leave obtained from the court or a judge of the
court in which it is sought so to register such certificate:
Provided that where a note of suspension of any such decreet shall
have been passed or a sist of execution shall have been granted
thereon by the said Court of Session or any judge thereof, on the
production of a certificate under the hand of the clerk to the
bill chamber of the Court of Session of the passing of such note
or the granting of such sist to a judge of the court in which
such certificate of such decreet has been registered, execution on
such registered certificate shall be stayed until a certificate be
produced under the hand of the said clerk that such sist has been
recalled or has expired, or, where the note of suspension has been
passed, until there be produced an extract, under the hand of the
extractor of the Court of Session or other officer duly authorized
to make and subscribe extracts, of a decreet of the said court
repelling the reasons of suspension.

JUDGMENTS EXTENSION ACT 1868 - SECT 4
Courts to have control over registered judgments, &c. as over
judgments, &c. in their own courts.

4. The Courts of Common Pleas at Westminster and at Dublin and the
Court of Session in Scotland shall have and exercise the same
control and jurisdiction over any judgment or decreet, and over any
certificate of such judgment or decreet, registered under this Act
in such courts respectively, as they now have and exercise over any
judgment or decreet in their own courts, but in so far only as
relates to execution under this Act.

JUDGMENTS EXTENSION ACT 1868 - SECT 5
As to security for costs.

5. It shall not be necessary for any plaintiff in any of the
aforesaid courts in England resident in Ireland..., or any plaintiff
in any of the aforesaid courts in Ireland resident in England or
Scotland, in any proceeding had and taken on such certificate, to
find security for costs in respect of such residence, unless, on
special grounds, a judge or the court shall otherwise order; nor
shall it be necessary for any party to such proceeding in Scotland,
resident in... Ireland, to sist a mandatory, or otherwise to find
security for expenses in respect of such residence, unless, on
special grounds, the court shall otherwise order.

JUDGMENTS EXTENSION ACT 1868 - SECT 6
Costs not to be allowed in actions on judgments which might be
registered, unless by order of court.

6. In any action brought in any court in England, Scotland or
Ireland on any judgment or decreet 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 of suit, unless the court in which such action shall
be brought, or some judge of the same court, shall otherwise order.

S.7 rep. by 1962 c.30 s.30(2)(d) sch.4 Pt.IV

JUDGMENTS EXTENSION ACT 1868 - SECT 9
Short title.

9. In citing this Act in any instrument, document, or proceeding,
it shall be sufficient to use the expression "The Judgments
Extension Act, 1868."I,, certify that [here state name, title, trade,
or profession and usual or last known place of abode of plaintiff
or pursuer], on the day of 18 <<, obtained judgment against [here state name and title, trade or profession, and usual or last known place of abode of defendant], before the Court of  , for payment of the sum of, on account of [state shortly nature of claim or ground of action, with the sum of costs, if any, and in case of a judgment obtained in an action, state whether it was obtained after appearance made by the defendant, or after service (personal or otherwise) of the action on the defendant, as the case may be.]

I,, certify that [here state name, title, trade, or profession, and
usual or last known place of abode of defendant or defender], on
the day of 18 <<, obtained judgment against [state name, title, trade, or profession, and usual or last known place of abode of plaintiff or pursuer], before the Court of , for judgment of the sum ofl., as costs of suit.

Ch.62 rep. by 1978 NI4 art.16(2) sch.2 Pt.II