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Statutes of Northern Ireland |
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You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/cda1801134.txt |
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CROWN DEBTS ACT 1801 CROWN DEBTS ACT 1801 - LONG TITLE An Act for the more speedy and effectual Recovery of Debts due to His Majesty, his Heirs and Successors, in right of the Crown of the United Kingdom of Great Britain and Ireland; and for the better Administration of Justice within the same.{1} [2nd July 1801] B>For the more speedy and effectual recovery of debts due to His Majesty, his heirs, and successors, in right of the imperial crown of this realm, and for the better administration of justice within the same. >When, upon any account declared or recorded in the High Court in England, or on judgement of that court, any debt shall be due to His Majesty, a copy of such account, &c. shall, on application be exemplified and transmitted to the High Court in Northern Ireland where it shall be inrolled, and process issued against the debtor's body and effects there. A>[ 1. ] From and after the passing of this Act, in all cases where, upon any account duly audited, declared, or recorded in [{2}the High Court] in England, or upon any judgement or decree of the same [{2}High Court], any debt or duty shall be due to His Majesty, his heirs and successors, a copy of such declared account, judgement, or decree, shall upon application to the said court made on behalf of His Majesty, his heirs and successors, be forthwith exemplified and transmitted under the seal of the said [{2}High Court] to [{3}the High Court of Justice in Northern Ireland]; which said last mentioned court shall, upon the said copy so exemplified being laid before them, forthwith cause the same to be inrolled in the rolls of the said [{3}High Court of Justice in Northern Ireland]; and upon the same being so inrolled, the said court shall cause process to issue for levying and recovering the debt due on such declared account, or for which such judgement or decree shall have been so obtained, as well against the person of the debtor upon such declared account, or against whom such judgement or decree shall have been so obtained, as against his real and personal estate, situate, lying, and being in Ireland, as fully and effectually to all intents and purposes as by the course and practice of [{2}the High Court] in England is or may be now awarded and issued by the same court. >Enforcement of Judgments Office to account for the due execution of the process; and the debt, when recovered, to be remitted to the Exchequer in England. A> 2. And the [{4}Enforcement of Judgments Office] shall be compelled to account to the said [{3}High Court of Justice in Northern Ireland] for the due execution of such process; and the [{5}judges] of the said court shall take care that all monies levied by virtue of such process shall be duly paid into the receipt of the Exchequer in Ireland, and the lord high treasurer of Ireland{6} or lords commissioners for executing the office of lord high treasurer therein shall, so soon as conveniently may be, cause the same to be remitted and paid into the receipt of the Exchequer in England. >In like manner where, on any such declared account recorded in the High Court in Northern Ireland, or on judgement of that court, any debt shall be due to His Majesty, the same regulations shall be observed for the recovery thereof in England. A> 3. And from and after the passing of this Act, in all the cases where, upon any such declared account duly recorded in [{3}the High Court of Justice in Northern Ireland], or upon any judgement or decree obtained in the said [{3}High Court] any debt shall be due to His Majesty, his heirs and successors, a copy of such declared account, judgement, or decree, shall, upon application to the said court made on behalf of His Majesty, his heirs and successors, be forthwith exemplified and transmitted under the seal of the said [{3}High Court of Justice in Northern Ireland] to [{2}the High Court] in England: which said last mentioned court shall, upon the said copy so exemplified being laid before them, forthwith cause the same to be inrolled in the rolls of the said [{2}High Court] in England; and upon the same being so inrolled, the said court shall cause process to issue for levying and recovering the debt due upon such declared account, or for which such judgement or decree shall have been so obtained, as well against the person of the debtor against whom judgement or decree shall have been so obtained, as against his real and personal estate, situate, lying, and being in England, as fully and effectually to all intents and purposes, as by the usage and practice of [{3}the High Court of Justice in Northern Ireland] is or may be now awarded and issued by the said court. >Enforcement of Judgments Office to account for the due execution of the process; and the debt, when recovered, to be remitted to the Exchequer in Ireland. A> 4. And the [{4}Enforcement of Judgments Office], shall be compelled to account to the said [{2}High Court] for the due execution of such process; and the [{2}judges] of the said court shall take care that all monies levied by virtue of such process shall be duly paid into the receipt of the Exchequer in England, and the lord high treasurer of England or lords commissioners for executing the office of lord high treasurer therein shall, so soon as conveniently may be, cause the same to be remitted and paid into the receipt of the Exchequer of Ireland. >Where, in any suit between party and party, or in any proceeding in cases of minors, &c., orders shall be made for payment of money, &c., by the High Court in England, a copy thereof shall be certified to the High Court in Northern Ireland, where it shall be enrolled, and process shall be issued to enforce obedience, &c.; A> 5. And in cases where, in any suit between party and party, or in any matter proceeding by petition in cases of minors, bankrupts, idiots{7}, or lunaticks{7}, and decree shall be pronounced or any order made for payment or for accounting for money by the [{2}High Court] in England, the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal of England for the time being respectively shall, upon application made to him or them respectively, cause a copy of such order or decree to be exemplified and certified to the [{3}High Court of Justice in Northern Ireland], under the great seal of England; and the lord chancellor{8}, . . .{9} shall forthwith cause such order or decree, when it shall be presented to them respectively so exemplified, to be inrolled in the rolls of the [{3}High Court of Justice in Northern Ireland], and shall cause process of attachment and committal to issue against the person of the party against whom such order or decree shall have been made respectively, in order to enforce obedience to and performance of the same, as fully and effectually, to all intents and purposes, as if such order or decree had been originally pronounced in the said [{3}High Court of Justice in Northern Ireland]; and it shall and may be lawful to and for the lord chancellor{8}, . . .{9} for the time being from time to time to make orders upon petition, as the occasion may require, for payment of money levied under such process as aforesaid [{10}into the Supreme Court in Northern Ireland]. >and where such orders shall be made by the High Court in Northern Ireland, a copy thereof shall be certified to the High Court in England, where it shall be inrolled, and process shall be issued to enforce obedience, &c. A> 6. And in all cases where, in any suit between party and party, any decree shall be pronounced or any order made for payment of or for accounting for money by the [{3}High Court of Justice in Northern Ireland], the lord chancellor{8}, . . .{9} shall, upon application made to him . . .{9} cause a copy of such order or decree to be exemplified and certified to the [{2}High Court] in England, under the great seal of Ireland{11}, and the lord chancellor, lord keeper, or lords commissioners for the custody of the great seal of England, shall forthwith cause such order or decree, when it shall be presented to them respectively so exemplified, to be inrolled in the rolls of the