Circuit Court (Registration of Judgments) Act, 1937
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No. 3/1937: CIRCUIT COURT (REGISTRATION OF JUDGMENTS) ACT, 1937 |
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ARRANGEMENT OF SECTIONS |
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2 Registration of Circuit Court judgments in the Central Office. |
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4 Registration of Circuit Court judgments as judgment-mortgages. |
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AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE REGISTRATION OF JUDGMENTS OF THE CIRCUIT COURT, AND FOR THAT AND OTHER PURPOSES TO AMEND THE LAW RELATING TO SUCH JUDGMENTS. |
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[26th February, 1937.] |
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BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— |
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| Definitions. |
1.—In this Act— |
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the expression "the Central Office" means the Central Office of the High Court; |
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the word "judgment" includes decree or order. |
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| Registration of Circuit Court judgments in the Central Office. |
2.—(1) Any judgment of the Circuit Court obtained after the commencement of this Act may be registered in the Central Office in like manner as a similar judgment of the High Court may be registered in that Office. |
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(2) The practice and procedure in use in the Central Office in relation to the registration of judgments of the High Court shall apply to and be followed in relation to the registration under this section of judgments of the Circuit Court. |
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(3) Where a judgment of the Circuit Court for or including costs is registered in the Central Office under this section, the county registrar shall, unless such costs have been computed on the District Court, scale, add and include the costs incurred in so registering such judgment to and in the costs payable under such judgment, and accordingly such registration shall extend to the costs so added. |
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| Application of section 336 of the Irish Bankrupt and Insolvent Act, 1857, to Circuit Court judgments. |
3.—Every judgment of the Circuit Court obtained after the commencement of this Act shall be deemed to be a judgment of a superior court within the meaning and for the purpose of section 336 of the Irish Bankrupt and Insolvent Act, 1857, and that section shall apply and have effect in relation to every such judgment of the Circuit Court accordingly, but with the modification that, in such application of the said section, registration in the Central Office under this Act shall be substituted for registration in the office of the registrar of judgments. |
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| Registration of Circuit Court judgments as judgment-mortgages. |
4.—Every judgment of the Circuit Court (whether obtained before or after the commencement of this Act) shall be deemed to be a judgment entered up in a superior court at Dublin within the meaning and for the purposes of section 6 of the Judgment-Mortgages (Ireland) Act, 1850, as amended or applied by subsequent enactments, and that Act as so amended or applied shall apply and have effect in relation to every judgment of the Circuit Court accordingly, but with the modification that any such affidavit as is mentioned in the said section 6 made in relation to any such judgment shall be filed in the county registrar's office in which such judgment is entered in lieu of the superior or other court mentioned in the said section. |
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| Repeals. |
5.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule. |
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| Short title and commencement. |
6.—(1) This Act may be cited as the Circuit Court (Registration of Judgments) Act, 1937 . |
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(2) This Act shall come into operation on the 1st day of April, 1937. |
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SCHEDULE |
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ENACTMENTS REPEALED. |
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