' of Common Law was given to certain Decrees, Orders, and Rules for Payment of Monies, Costs, Charges, and Expenses : And whereas it is expedient to amend the Law concerning Judgments in Ireland: 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, That Repeal (in part) from and after the passing of this Act all the Provisions of the of recited Acts said Acts of the Ninth and Twenty-fifth Years of King George and 25 G. 2. of 9 G. 2. (I.) the Second, relating to Judgments, Statutes Staple, and Statutes (I), save as to Merchant, shall be repealed, save so far as respects Judgments certain Judgentered up before the passing of this Act. ments. Recited Provisions of 5 & 6 W. 4. c. 55. and 3 & 4 Vict. Rules for Sums not excceding 1504 II. And be it enacted, That from and after the passing of this Act the Provisions herein-before recited of the said Acts of the Sixth Year of King William the Fourth and the Fourth Year of Her Majesty shall not in anywise extend or be applicable to any c. 105. not to Judgment entered up after the passing of this Act in respect of extend to Judgany Sum then actually due for Principal and Interest (exclusively ments, Decrees, of Costs, and over and above all just and fair Allowances), not Orders, or exceeding the Sum of One hundred and fifty Pounds, save only such Judgments as shall be entered up before the Thirty-first Day of December One thousand eight hundred and forty-nine upon any Warrant of Attorney or Cognovit actionem given before the passing of this Act, nor to any Decree, Order, or Rule made after the passing of this Act where the whole Amount therein ordered to be paid shall not exceed One hundred and fifty Pounds; and the Judgments, Decrees, Orders, and Rules respectively to which under this Act the Provisions of the said Acts of the Sixth Year of King William the Fourth and the Fourth Year of Her Majesty shall not extend or be applicable are herein-after respectively referred to as Judgments, Decrees, Orders, and Rules subject to the Provisions of this Act. vered in Execu III. And be it enacted, That the Sheriff or other Officer to What Lands whom any Writ of Elegit, or any Precept in pursuance thereof, may be deliis directed at the Suit of any Person upon any Judgment subject tion on Judgto the Provisions of this Act recovered in any Action in any of ments subject Her Majesty's Superior Courts at Dublin, shall make and deliver to the Provi Execution unto the Party in that Behalf suing of all such Lands, sious of the Tenements, Rectories, Tithes, Rents, and Hereditaments only Act. (including Lands and Hereditaments which may be of Copyhold Tenure) as the Person against whom Execution is so sued, or any Person in trust for him, is seised or possessed of at the Time when such Writ of Elegit is delivered to the Sheriff or other Officer to be executed, or over which the Person against whom Execution is so sued has at the Time when such Writ of Elegit is delivered as aforesaid any disposing Power which he might without the Assent of any other Person exercise for his own Benefit, which Lands, Tenements, Rectories, Tithes, Rents, and Hereditaments by force and virtue of such Execution shall accordingly be held and enjoyed by the Party to whom such Execution shall be so made and delivered, subject to such Account in the Court out of which such Execution shall have been sued out as a Party to whom Execution is made and delivered under the Rights of Judgment Creditor in Equity. Rights of Judg ment Creditor in Administration of Assets. Voluntary Conveyances after Judgment en tered up void as against the Creditor. 10 Car. 1. st. 2. c. 3. (I.) Decrees, Orders, and Rules to have the same ments. the recited Provision of the said Act of the Fourth Year of Her Majesty is made subject to under such Provision. IV. And be it enacted, That any Creditor under a Judgment subject to the Provisions of this Act on which a Writ of Elegit has been sued out shall have the same Rights and Remedies in Equity, upon and in respect of such Lands, Tenements, and Hereditaments as might under this Act be delivered in Execution under such Elegit, as such Creditor might have had in respect of the Lands, Tenements, and Hereditaments, or Moiety of Lands, Tenements, and Hereditaments, which might have been delivered in Execution under a Writ of Elegit in case the recited Provisions of the said Acts of the Sixth Year of King William the Fourth and of the Fourth Year of Her Majesty had not been enacted. V. And be it enacted, That in the Administration in Courts of Equity of the Assets of any Person against whom any Judgment subject to the Provisions of this Act may be recovered who shall die seised of or entitled to any Estate or Interest in Lands, Tenements, or Hereditaments, the Judgment Creditor shall under such Judgment have the same Rights upon and in respect of such Lands, Tenements, or Hereditaments as if this Act had not been passed. VI. Provided always, and be it enacted, That every Conveyance and other Act whatsoever of and concerning Lands, Tenements, or Hereditaments which under an Act of the Parliament of Ire land passed in the Tenth Year of King Charles the First, intituled An Act against covenous and fraudulent Conveyances, would be deemed void against Purchasers for Money or other good Consideration, shall be void as against any Judgment Creditor whose Judgment shall have been entered up before such Conveyance or other Act, and the like Execution and other Remedies may be had under such Judgment in respect of such Lands, Tenements, and Hereditaments as if such Conveyance or other Act had not been made or done: Provided also, that nothing herein contained shall in anywise affect the Provisions of the same Act concerning Conveyances and other Acts had or made to the Intent to delay, hinder, or defraud Creditors. VII. And be it enacted, That all Decrees and Orders of the Court of Chancery, and of the Court of Exchequer at the Equity Side thereof, and all Rules of any of the Superior Courts of Effect as Judg- Common Law, and all Orders of the Lord Chancellor or Master of the Rolls or of the Court of Commissioners of Bankruptcy, and all Orders of the Lord Chancellor in Matters of Lunacy, to which the Effect of Judgments in the Superior Courts of Common Law was given by the said Act of the Fourth Year of Her Majesty, shall, where the same respectively shall be Decrees, Orders, and Rules subject to the Provisions of this Act, have the Effect of Judgments subject to the Provisions of this Act recovered in the Superior Courts of Common Law, and the Persons to whom any Monies, Costs, Charges, and Expenses are by such Decrees, Orders, and Rules respectively directed to be paid shall have the Remedies to which Judgment Creditors under such Judgments will have and be entitled to. VIII. And no further VIII. And be it enacted, That any Judgment, Rule, or Order Judgments of subject to the Provisions of this Act (or which would be so sub- Inferior Courts ject if the same were a Judgment, Rule, or Order of one of the removed to have Superior Courts of Common Law) obtained in or made by any Force than Inferior Court of Record which shall, under the Provisions of the Judgments of said Act of the Fourth Year of Her Majesty, be removed into any Superior Courts. of Her Majesty's Superior Courts of Record at Dublin, shall have no further Force or Effect than a Judgment, Rule, or Order subject to the Provisions of this Act recovered in or made by such Superior Court; but, save as aforesaid, any Judgment, Rule, or Order so removed shall be subject to the Provisions of the said Act of the Fourth Year of Her Majesty in relation to Judgments, Rules, or Orders removed into any of such Superior Courts. IX. And be it enacted, That such new or altered Writs shall New Writs to be sued out of the Courts of Law and Equity and Court of Com- be framed. missioners of Bankrupt as may by such Courts respectively be deemed necessary or expedient for giving Effect to the Provisions herein-before contained, and in such Forms as the Judges of such Courts respectively shall from Time to Time think fit to order, and the Execution of such Writs shall be enforced in such and the same Manner as the Execution of Writs of Execution is now enforced, or as near thereto as the Circumstances of the Cases will admit, and that any existing Writ the Form of which shall be in any Manner altered in pursuance of this Act shall nevertheless be of the same Force and Virtue as if no Alteration had been made therein, except so far as the Effect thereof may be varied by this Act. until after the Expiration of a X. And be it enacted, That no Person shall be entitled, in A Receiver not respect of any Judgment, Recognizance, Decree, Order, or Rule to be appointed whatever, entered up, enrolled, or made after the passing of this or extended Act, to apply, under the Provisions of the said Acts of the Sixth Year of King William the Fourth and the Fourth Year of Her Majesty, or either of such Acts, to the Court of Chancery or to the Court of Exchequer at the Equity Side thereof, for an Order that a Receiver may be appointed over any Lands, Tenements, Rectories, Tithes, Annuities, Rents, or Hereditaments, or to have a Receiver thereof previously appointed extended to the Matter of such Application, until after the Expiration of One Year from the Time of the entering up of such Judgment, the Enrolment of such Recognizance, or the making of such Decree, Order, or Rule; and that where any Receiver is appointed or extended in respect of any Judgment, Recognizance, Decree, Order, or Rule entered up, enrolled, or made after the passing of this Act, the Costs incurred by the Person at whose Instance such Receiver is appointed or extended in procuring such Appointment or Extension shall, notwithstanding the Provisions of the said Act of the Sixth Year of King William the Fourth, be in every Case paid in the same Priority only as the Debt or Sum secured by the Judgment, Recognizance, Decree, Order, or Rule in respect of which such Appointment or Extension was made. Costs of Appointment of Receiver to be paid in same Priority as the Debt. tuted Service XI. And be it enacted, That where any Writ of Scire facias is Court may issued to revive any Judgment entered up after the passing of direct substithis Act, or for obtaining Execution on any such Judgment, if under Scire any Person required to be summoned under such Writ be out of facias. the Act may be amended, &c. 10 & 11 W.3. c. 7. 46 G. 3. c. 54. the Jurisdiction of the Court in which such Judgment has been recovered, it shall be lawful for such Court, on the Application of the Party prosecuting such Writ, to direct Service of Notice of such Writ on any Agent of the Person required to be summoned as aforesaid, or Notice of such Writ to be otherwise served or given as the Court may think fit, instead of actual Summons of such Person under such Writ; and after such substituted Notice shall have been so served or given, and after the Expiration of such Time as the Court may limit in this Behalf, the like Proceedings may be had as if the Person required to be summoned had been duly summoned, and the Return of such Writ had been made accordingly. XII. And be it enacted, That this Act may be amended or repealed in this present Session of Parliament. CA P. XCVI. An Act to provide for the Prosecution and Trial in Her Offences com Offences had been committed on Waters with 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, That if any Person within any All Persons Colony shall be charged with the Commission of any Treason, charged in any Piracy, Felony, Robbery, Murder, Conspiracy, or other Offence, Colony with of what Nature or Kind soever, committed upon the Sea, or in any mitted on the Haven, River, Creek, or Place where the Admiral or Admirals Sea may be have Power, Authority, or Jurisdiction, or if any Person charged dealt with in with the Commission of any such Offence upon the Sea, or in any the same Mansuch Haven, River, Creek, or Place shall be brought for Trial to ner as if the any Colony, then and in every such Case all Magistrates, Justices of the Peace, public Prosecutors, Juries, Judges, Courts, public Officers, and other Persons in such Colony shall have and in the local exercise the same Jurisdiction and Authorities for inquiring of, Jurisdiction of trying, hearing, determining, and adjudging such Offences, and the Courts of they are hereby respectively authorized, empowered, and required the Colony. to institute and carry on all such Proceedings for the bringing of such Person so charged as aforesaid to Trial, and for and auxiliary to and consequent upon the Trial of any such Person for any such Offence wherewith he may be charged as aforesaid, as by the Law of such Colony would and ought to have been had and exercised or instituted and carried on by them respectively if such Offence had been committed, and such Person had been charged with having committed the same, upon any Waters situate within the Limits of any such Colony, and within the Limits of the local Jurisdiction of the Courts of Criminal Justice of such Colony. II. Provided always, and be it enacted, That if any Person shall be convicted before any such Court of any such Offence, such Person so convicted shall be subject and liable to and shall suffer all such and the same Pains, Penalties, and Forfeitures as by any Law or Laws now in force Persons convicted of the same respectively would be subject and liable to in case such Offence had been committed, and were inquired of, tried, heard, determined, and adjudged, in England, any Law, Statute, or Usage to the contrary notwithstanding. III. And be it enacted, That where any Person shall die in any Colony of any Stroke, Poisoning, or Hurt, such Person having been feloniously stricken, poisoned, or hurt upon the Sea, or in any Haven, River, Creek, or Place where the Admiral or Admirals have Power, Authority, or Jurisdiction, or at any Place out of such Colony, every Offence committed in respect of any such Case, whether the same shall amount to the Offence of Murder or of Manslaughter, or of being Accessory before the Fact to Murder, or after the Fact to Murder or Manslaughter, may be dealt with, inquired of, tried, determined, and punished in such Colony in the same Manner in all respects as if such Offence had been wholly committed in that Colony; and that if any Person in any Colony shall be charged with any such Offence as aforesaid in respect of the Death of any Person who having been feloniously stricken, poisoned, or otherwise hurt, shall have died of such Stroke, Poisoning, or Hurt upon the Sea, or in any Haven, River, Creek, or Place where the Admiral or Admirals have Power, Authority, or Jurisdiction, such Offence shall be held Persons con victed of such Offences shall suffer the like Punishments as in England. Provision for the Trial of Murder and Manslaughter where the Death only happens in the Colony or upon the Sea. for |