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18 1926

ENFORCEMENT OF COURT ORDERS ACT, 1926

PART III.

Miscellaneous.

Stay of execution in certain cases.

21. —(1) Whenever judgment shall be given by any court for payment of any sum of money by way of debt or damages by any person (in this section referred to as the debtor) and the court shall be satisfied at the time of giving of such judgment—

(a) that the debtor is unable to discharge by an immediate payment in full the said sum of money, and all costs payable by him under the said judgment; and

(b) that such inability is not occasioned by the debtor's own conduct, act or default; and

(c) that there is reasonable ground for granting to the debtor an extension of time in which to pay the said sum of money and costs,

the court may stay the execution of the judgment for such time and upon such conditions as shall appear to the court to be reasonable.

(2) The conditions upon which a stay of execution may be granted under the foregoing sub-section may include a condition that the said sum of money and costs shall be paid by the debtor by such instalments and at such times as the court may appoint, and that upon failure by the debtor to pay an instalment the stay shall cease.

(3) In this section the word “judgment” shall include decree and order.

Interpleader before District Court in certain cases.

22. —(1) Proceedings by way of interpleader may be instituted by an under-sheriff before the District Court in any case in which the under-sheriff shall have taken in execution or intended execution any goods, animals, or other chattels under any execution order and such goods, animals, or chattels are claimed by some person other than the debtor, and the value of such goods, animals, or chattels does not exceed twenty-five pounds.

(2) On the hearing by the District Court of any interpleader proceedings under this section, the Justice shall have jurisdiction to hear and determine all matters in issue between the parties, including the amount of and liability for costs, and to make such order thereon as justice shall require.

Gárda Síochána to make all arrests.

23. —All orders of any court for the arrest, attachment, or committal of any person shall be executed by members of the Gárda Síochána and no such order shall henceforth be executed by an under-sheriff and no person shall be arrested or taken into custody under any such order otherwise than by a member of the Gárda Síochána.

Offences and penalties.

24. —(1) Every person who resists, obstructs, or impedes an under-sheriff, court messenger, or other person in the lawful execution of an execution order or resists, obstructs, or impedes any member of the Gárda Síochána in the lawful execution of an execution order which under this Act is to be executed by a member of the Gárda Síochána shall be guilty of a misdemeanour and shall be liable on conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment with or without hard labour for any term not exceeding twelve months, or to both such fine and such imprisonment.

(2) Every person who rescues, removes, or conceals any goods, animals, or chattels which have been taken in execution under an execution order (including an execution order which under this Act is to be executed by a member of the Gárda Síochána) shall be guilty of a misdemeanour and shall be liable on conviction thereof to a fine not exceeding one hundred pounds or at the discretion of the Court, to imprisonment for any term not exceeding twelve months or to both such fine and such imprisonment.

(3) Whenever a person is charged before a Justice of the District Court with having committed any of the misdemeanours mentioned in this section and the Justice is of opinion that the facts proved against the person so charged constitute a minor offence fit to be tried summarily and the said person (inquiry having been made of him by the Justice) does not object to be so tried, the Justice may hear and determine the case summarily but shall not impose a greater term of imprisonment (whether with or without hard labour or with or without a fine) than six months or a greater fine (whether with or without imprisonment) than fifty pounds.

Retaking possession of premises after execution.

25. —Whenever an under-sheriff shall have entered on and taken possession of any lands or premises under an execution order directing him to put any person (in this section referred to as “the owner”) into possession thereon and shall have delivered possession of the said lands and premises to the owner pursuant to such execution order, every person who, within one month after such delivery of possession, peaceably and without force but without the consent of the owner enters on the said lands and premises and takes possession thereof or of any part thereof shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding six months or, at the discretion of the Court, to a fine not exceeding fifty pounds or to both such imprisonment and such fine.

Rules of Court.

26. —All rules made and forms prescribed by the Minister under section 28 of the Enforcement of Law (Occasional Powers) Act, 1924 (No. 20 of 1924) and in force immediately before the expiration of that Act are hereby re-enacted and shall continue in force and apply to proceedings under this Act in the District Court until rules of court made under section 91 of the Courts of Justice Act, 1924 (No. 10 of 1924) and applying to such proceedings come into force.

Repeal.

27. —The Act of the Irish Parliament passed in the year 1710 and entitled “An Act for the better securing of rents and to prevent frauds committed by tenants” (9 Anne, Chap. VIII.) is hereby repealed.