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Statutes of Northern Ireland


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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


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URL: http://www.bailii.org/nie/legis/num_act/cda1801134.txt