Number 20 of 1924.
ENFORCEMENT OF LAW (OCCASIONAL POWERS) ACT, 1924.
ARRANGEMENT OF SECTIONS
POWERS OF UNDER-SHERIFF.
ASSISTANT UNDER-SHERIFFS.
Half salary of assistant under-sheriff to be defrayed by county or borough. |
EXAMINATION OF DEBTORS
District Justice may order attendance of debtor for examination as to means. | |
MISCELLANEOUS.
Acts Referred to | |
No. 2 of 1922 | |
No. 10 of 1924 | |
Number 20 of 1924.
ENFORCEMENT OF LAW (OCCASIONAL POWERS) ACT, 1924.
Part I.
POWERS OF UNDER-SHERIFF.
Appointment of under-sheriffs.
1.—(1) For the purpose of the application of section 11 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) to section 1 of the Sheriffs (Ireland) Act, 1920, the Minister shall be deemed to be the Minister or authority exercising in Saorstát Eireann functions the same as or corresponding to the functions which prior to the 6th day of December, 1921, were exercised by the Lord Lieutenant under the said section 1 of the Sheriffs (Ireland) Act, 1920, and accordingly all the powers conferred by the said section 1 shall be vested in and exercisable by the Minister.
(2) No oath of office or other oath shall be administered to or required to be taken by any person appointed after the passing of this Act to be under-sheriff, but in lieu thereof every person so appointed shall before entering on his office subscribe and make a solemn declaration in a form to be prescribed by an order of the Minister that he will duly perform the duties of his office, and section 14 of the Statute 12 George I., c. 4 (Irish), shall be read as if the making by every under-sheriff of the Declaration so to be prescribed were substituted for the taking of the Oath prescribed by that section and for the making of the Declaration prescribed by the Sheriffs (Ireland) Adaptation of Enactments Order, 1922.
Employment of bailiffs by under-sheriffs.
2.—(1) From and after the passing of this Act it shall not be obligatory upon any under-sheriff to employ any bailiff to assist him in the execution of a writ of fieri facias or writ of habere or other writ, or to employ any bailiff appointed under section 5 of the Civil Bill Courts Procedure Amendment Act (Ireland), 1864, to assist him in the execution of his duties under that Act, but in lieu of or in addition to such bailiffs it shall be lawful for any under-sheriff to employ such and so many suitable persons as he shall think fit to assist him in the execution of any or every writ of fieri facias or writ of habere or other writ and of any or every decree or order (whether for debt, possession of lands or otherwise) of a Civil Bill Court.
(2) Any person employed by an under-sheriff under this section may be employed at a weekly or other wage to assist him generally in the execution of such writs and decrees or orders as aforesaid, or may be employed specially to assist the under-sheriff in the execution of a particular writ or decree or order.
(3) Wherever persons are employed by an under-sheriff under this section to assist him generally in the execution of such writs and decrees or orders as aforesaid, the number and rate of remuneration (to be paid out of moneys provided by the Oireachtas) of such persons shall be subject to the approval of the Minister, and the sanction of the Minister for Finance.
(4) Wherever any persons are employed specially by an under-sheriff under this section to assist him in the execution of a particular writ or decree or order, the number and remuneration of such persons shall be in the discretion of the under-sheriff subject to the sanction of the County Court Judge on appeal by the debtor.
(5) Every person employed under this section by an under-sheriff to assist him in the execution of a writ of fieri facias or a writ of habere shall have all the powers which are by law vested in a bailiff employed by an under-sheriff for that purpose, and every person employed under this section by an under-sheriff to assist him in the execution of any decree or order of a Civil Bill Court shall have all the powers which are by law vested in a bailiff appointed under the Civil Bill Courts Procedure Amendment Act (Ireland), 1864.
Bailiff to produce warrant of authority.
3.—It shall be the duty of a bailiff and of any other person employed by an under-sheriff pursuant to this Act at any time after entering and before the removal of any property seized to produce on demand to the defendant (or other the person in apparent possession of the lands and premises upon which he or they shall enter) the warrant of his or their authority from the under-sheriff, and to deliver a true copy thereof to such defendant or other person.
Inventory of chattels seized to be made.
4.—It shall be the duty of every under-sheriff under whose authority execution shall be levied upon goods, animals, or other chattels, to cause an itemised inventory of the chattels seized to be made out and within 48 hours of seizure and, if practicable, before any removal to cause to be furnished to the defendant (or other the person in apparent possession of such chattels) a duplicate of such inventory, signed by the under-sheriff or by a person acting on his behalf.
Certain chattels exempt from seizure.
5.—From and after the passing of this Act, the necessary wearing apparel and bedding of a person against whom an execution shall be levied, and the necessary wearing apparel and bedding of his family, and the tools and implements of his trade, not exceeding in the whole the value of £15, shall be exempt from liability to seizure.
Extension of Section 131 of Common Law Procedure Amendment Act (Ireland), 1853.
6.—An under-sheriff shall in the execution of a decree or order of a Civil Bill Court have all the rights, powers, and authorities which are vested in a sheriff by Section 131 of the Common Law Procedure Amendment Act (Ireland), 1853, in relation to the execution of a writ of fieri facias, and that section shall accordingly apply to execution under such decree or order with the substitution of references to such decree or order for references to a writ of fieri facias.
Under-sheriff may sell at any time.
7.—(1) It shall be lawful for any under-sheriff: who shall after the passing of this Act take any goods, animals or other chattels in execution under a writ of fieri facias or under a decree of a Civil Bill Court to sell by public auction such goods, animals or other chattels at any time after the expiration of a period of twenty-four hours after he shall have taken the same in execution, but so that he shall not allow any unreasonable delay to occur, and it shall not be necessary for the under-sheriff to publish or announce that any such sale is a sale by an under-sheriff or is a sale of goods, animals or chattels taken in execution.
(2) So much of section 28 of the Civil Bill Courts Procedure Amendment Act (Ireland), 1864, as prescribes times within which goods or cattle taken in execution under any decree of a Civil Bill Court shall or shall not be sold is hereby repealed.
Under-sheriff may sell outside his bailiwick.
8.—(1) From and after the passing of this Act any under-sheriff who shall have taken goods, animals or other chattels in execution under any writ of fieri facias or under any decree of a Civil Bill Court may sell such goods, animals and chattels by public auction at such place or places, whether within or outside his bailiwick, and whether within or outside the territorial boundaries of Saorstát Eireann, but not outside Ireland, in which in his opinion such goods, animals and chattels can be sold to the best advantage, and may remove such goods, animals and chattels or any of them or cause same to be removed from the place where same were seized to such place or places of sale.
(2) All goods, animals and other chattels taken in execution by any under-sheriff under any such writ or decree as aforesaid may pending the sale thereof be impounded, stored and kept by the under-sheriff in such place or places whether within or outside his bailiwick and whether within or outside the territorial boundaries of Saorstát Eireann, but not outside Ireland, as he shall think fit, and notwithstanding that such place or places is or are not appointed or authorised by law to be used as pounds.
(3) Wherever any goods, animals or other chattels shall be removed under this section by or by order of the under-sheriff to any place outside his bailiwick the under-sheriff shall in addition to the amount of the debt stated in the writ or decree under which such goods, animals and chattels were seized and of all charges leviable by law levy for the amount of all costs incurred by him—
(a) in or about the removal of such goods, animals and chattels from the places at which they were seized to every place (including the place of sale) to which such goods, animals and chattels are removed before the sale thereof;
(b) in or about the storing, impounding and preservation of such goods, animals and chattels (including the feeding and watering of such animals) between the time of seizure and the time of sale;
(c) in or about the sale and any attempted sale of such goods, animals or chattels other than a sale or attempted sale within the bailiwick of the under-sheriff.
All such costs and expenses as are mentioned in this sub-section may be deducted by the under-sheriff from the proceeds of the sale of the goods, animals and chattels as a first charge thereon.
(4) The under-sheriff shall be sole judge of the place or places at which any goods, animals or other chattels taken in execution by him can be sold to the best advantage and no action shall lie against any under-sheriff on account of his having sold any such goods, animals or chattels as aforesaid outside his bailiwick.
(5) In this section the expression “charges leviable by law” means charges leviable under any enactment, rule or order in force at the passing of this Act or under any provision of this Act other than this section.
Validity of purchases from under-sheriff.
9.—Every person who after the passing of this Act shall in good faith purchase at a sale held by or under the authority of an under-sheriff any goods, animals or other chattels taken in execution by such under-sheriff shall acquire a good title valid against all persons to the goods, animals and chattels so purchased notwithstanding any invalidity or irregularity in or about the seizure or sale of such goods, animals or chattels, and whether he knows or ought or could have known or is affected with any-kind of notice that the sale is a sale by or under the authority of an under-sheriff or not.
Interruption of under-sheriff's custody not to prejudice sale.
10.—The power and authority of an under-sheriff to sell any goods, animals or other chattels taken in execution by him shall not be prejudiced or affected by reason of such goods, animals or chattels having been out of the custody of the under-sheriff or his custody thereof having been by any means interrupted at any time or times between the time of the seizure and the time of the actual sale of such goods, animals or chattels.
No action to lie against under-sheriff for entering or breaking premises.
11.—No action shall lie against an under-sheriff for or on account of his-having entered or broken into any lands, house, close or other premises for the purpose of taking in execution any goods, animals or other chattels which were or might be on or in such lands, house, close or premises, or for or on account of any injury occasioned to such lands, house or premises by or in the course of such entry or breaking in: Provided always that before breaking into any dwelling house or other building the under-sheriff shall have made reasonable efforts to enter peaceably and without violence: Provided however that in any case where the under-sheriff shall break and enter the premises of a person other than the person against whom he has been called upon to enforce a judgment, order or decree he shall either have found any goods, animals or other chattels of such last mentioned person therein or thereon or shall have reasonable grounds for believing that there were some such goods, animals or chattels therein or thereon.
Under-sheriff not to be liable for seizing or selling in excess.
12.—From and after the passing of this Act no action shall lie against and no penalty shall be incurred by any under-sheriff in the absence of fraud, malice or gross negligence for or on account of his having seized or sold under any writ of fieri facias or any decree of a Civil Bill Court more or less goods, animals or other chattels than would or might reasonably be expected to be sufficient to meet the full amount of the debt or sum of money and all costs, fees, charges and expenses leviable by law (including this Act) under or by virtue of such writ or decree.
Under-sheriff not liable for seizing goods claimed by wife, etc., of debtor.
13.—No action shall lie against any under-sheriff for or on account of his having taken in execution under any writ of fieri facias, decree of a Civil Bill Court, warrant, certificate, or other document, any goods, animals, or other chattels found in the house or other place of residence or on the lands of the debtor and claimed or alleged (whether such claim or allegation does or does not prove to have been well-founded) to be the property of the wife or husband of the debtor, or to be the property of any parent or child of the debtor for the time being residing in the house or other place of residence of the debtor, and, in lieu of such action against the under-sheriff, the person to whom such goods, animals, or other chattels so taken in execution in fact belonged shall (if such goods, animals, or other chattels should prove not to have been the property of the debtor) be entitled to recover from the debtor by action the value of such goods, animals, and other chattels, together with such damages as such person shall have suffered by reason of such goods, animals or other chattels having been so taken in execution.
Under-sheriff to levy percentage in addition to fees in certain cases.
14.—(1) Whenever an under-sheriff in any county or county borough to which this section applies shall levy execution under any writ, decree, warrant, or other document, or shall receive payment of the sum leviable under any such writ, decree, warrant or other document, he shall, in addition to all charges leviable under any enactment, rule, or order in force at the passing of this Act, or under any provision of this Act other than this section, levy a sum (in this section called a percentage) calculated at the rate of one shilling for every pound of the sum leviable under such writ, decree, warrant, or other document.
This sub-section shall not apply to any sum of money leviable under any writ, decree, warrant, or other document which is paid to the under-sheriff within one month after the passing of this Act, or within one month after the writ, decree, warrant, or other document is delivered to the under-sheriff for execution, and, in either case, before the writ, decree, warrant, or other document is executed.
(2) The percentage levied under this section shall be paid into the Exchequer.
(3) This section shall apply to such counties and county boroughs as the Minister shall from time to time by order appoint.
(4) Not less than one month before making an order applying this section to a county or county borough the Minister shall publish notice of his intention to make such order at least twice in each of two or more newspapers circulating in such county or county borough.
Appointment of fees to be charged by or paid to under-sheriffs and others.
15.—(1) The Minister may by order appoint and from time to time revise a scale of the fees to be charged by and paid to under-sheriffs, bailiffs and other persons for their services in or about the execution of writs of fieri facias and writs of habere and in or about the execution of decrees (whether for debt, possession of land or otherwise) of Civil Bill Courts.
(2) The fees specified in any scale of fees appointed under this section shall be in lieu of and substitution for the fees now by law chargeable by or payable to under-sheriffs, bailiffs and other persons for the like service, and every enactment relating to the payment or recovery of the fees now chargeable or payable as aforesaid shall apply to the fees which shall respectively be chargeable or payable under such scale as aforesaid as fully as same now applies to the fees now chargeable and payable as aforesaid.
(3) Every power which at the passing of this Act is vested in any person, body or authority to appoint or regulate the fees to be charged by or paid to under-sheriffs, bailiffs and other persons shall be suspended and incapable of being exercised while this Act is in force.
(4) Every scale of fees appointed or revised by the Minister under this section shall be published in the Iris Oifigiúil and primâ facie evidence of every or any such scale may be given in all Courts of Justice and in all legal proceedings by the production of a copy of the Iris Oifigiúil purporting to contain such scale or by the production of a copy of such scale purporting to be printed under the superintendence or authority of the Stationery Office of the Government of Saorstát Eireann.
Part II.
ASSISTANT UNDER-SHERIFFS.
Minister may appoint assistant under-sheriffs.
16.—(1) It shall be lawful for the Minister from time to time to appoint such number of fit and proper persons as he shall consider necessary to be assistant under-sheriffs to perform such duties as shall from time to time be assigned to them respectively under this Act:
Provided always that the number of assistant under-sheriffs appointed and holding office under this Act shall not exceed six at any one time.
(2) A person appointed under this Act to be an assistant under-sheriff may be removed from that office at any time by the Minister.
(3) Every assistant under-sheriff appointed under this Act shall be paid out of moneys provided by the Oireachtas such salary as the Minister shall, with the sanction of the Minister for Finance, determine.
(4) It shall not be necessary for any person appointed under this Act to be an assistant under-sheriff to possess the qualifications prescribed by sub-section (3) of section 1 of the Sheriffs (Ireland) Act, 1920, for persons appointed to be under-sheriffs.
Duties of assistant under-sheriff.
17.—(1) Every assistant under-sheriff appointed under this Act shall be attached as assistant to such under-sheriff and for such time as the Minister shall from time to time direct, and shall perform such of the duties of that under-sheriff as such under-sheriff shall, pursuant to general instructions of the Minister, direct.
(2) Every assistant under-sheriff while performing any duty assigned to him by or under this Act shall be under the same obligations, have the same rights, authorities, privileges, and immunities, and be entitled to levy or charge, and to retain the same fees, as the under-sheriff to whom he is attached as assistant would while performing such duty be under, have, or be entitled to levy or charge and retain.
Half salary of assistant under-sheriff to be defrayed by county or borough.
18.—(1) Whenever an assistant under-sheriff is attached under this Part of this Act as assistant to the under-sheriff of any county or county borough, one moiety of the salary of such assistant under-sheriff for the period during which he is so attached shall be defrayed by the council of such county or county borough, and shall, in the case of a county, be paid out of the poor rate as a county-at-large charge, and, in the case of a county borough, out of the rate or fund out of which the general expenses of the council of the county borough are payable or out of any other rate or fund which the Minister for Local Government and Public Health shall on the application of the council approve.
(2) The amount of the salary of an assistant under-sheriff of which one moiety is to be paid by the council of a county or county borough under this section shall be certified to such council by the Minister, whose certificate shall be final, and one moiety of the amount of such certificate shall be paid by such council to the Exchequer.
Part III.
EXAMINATION OF DEBTORS.
District Justice may order attendance of debtor for examination as to means.
19.—(1) If and whenever any person (in this Part of this Act called a creditor) shall produce to a District Justice sitting for a court district situate in a county or county borough to which this Part of this Act applies primâ facie evidence—
(a) that any debt is due to the creditor under a judgment of a competent court, and
(b) that the person (in this Part of this Act called the debtor) by whom the said debt is payable is ordinarily resident in the court district for which the District Justice is then sitting, and
(c) that the debtor has no goods which could be taken in execution under any process of the court by which the said judgment was given,
the District Justice may make an order (in this Part of this Act called an examination order) that the debtor do attend before him on a specified date to be examined as to his means, and do also not less than one week before the said specified date lodge with the District Court Clerk a statement in writing (in this Part of this Act called a statement of means) setting forth his assets and liabilities, his income, earned and unearned, and the means by which it is earned or the source from which it is derived, and the persons for whose support he is legally or morally liable.
(2) The creditor shall be entitled to inspect and take or obtain copies of the statement of means at any time after it is lodged pursuant to the foregoing sub-section.
(3) In this section the word “judgment” includes any order or decree, and in this Part of this Act the word “debt” includes any balance of a debt remaining due after payment or recovery of part thereof.
Procedure on examination of debtor.
20.—(1) On the examination of the debtor as to his means pursuant to an examination order, the statement of means lodged by the debtor shall be received in evidence and the creditor and the debtor may each adduce further evidence as to the means of the debtor, and the debtor may also himself give evidence on oath, and may, whether he gives evidence or not, be cross-examined by or on behalf of the creditor on the statement of means and his evidence (if any).
(2) If the District Justice is satisfied on the evidence adduced on the examination as to means that the statement of means lodged by the debtor is false to the knowledge of the debtor in any material particular, the District Justice may forthwith order the arrest of the debtor and sentence him to imprisonment with or without hard labour for any term not exceeding three months and the debtor shall be imprisoned accordingly.
District Justice may order payment of debt by instalments.
21.—If the debtor fails to lodge a statement of means or fails to attend for examination in accordance with an examination order or refuses to submit himself to cross-examination by or on behalf of the creditor, or fails on such examination and cross-examination (if any) to satisfy the District Justice that he is not able to pay the debt either in one sum or by instalments, the District Justice, if so requested by the creditor, shall order the debtor to pay the debt and the costs of the proceedings in the District Court either in one payment or by such instalments and at such times as the District Justice shall in all the circumstances consider reasonable.
Imprisonment of debtor on failure to pay instalments.
22.—(1) If the debtor fails to pay the debt and costs, or any one or more instalments thereof at the time or times at which the same is or are made payable by an order under this Part of this Act, the District Justice may, on the application of the creditor, order the arrest and imprisonment of the debtor for any period not exceeding three months.
(2) Whenever a debtor is arrested and imprisoned under this section he shall be entitled to be released immediately upon payment by him or on his behalf to the District Court Clerk of the sum of money (to be specified in the order of arrest and imprisonment) consisting of the amount of the debt and costs unpaid at the date of the order (including instalments which have not accrued due at that date) and such further sum (if any) for the costs of the order as the District Justice shall think reasonable.
(3) All moneys paid under this section to the District Court Clerk by or on behalf of the debtor shall be paid by the District Court Clerk to the creditor on demand.
Saving for other remedies.
23.—The imprisonment of a debtor under this Part of this Act shall not operate as a satisfaction or extinguishment of the debt or any part thereof or deprive the creditor of any other rights or remedies for the recovery thereof.
Application of this Part of this Act.
24.—(1) This Part of this Act shall apply to such counties and county boroughs as the Minister shall from time to time by order appoint.
(2) Not less than one month before making an order applying this Part of this Act to a county or county borough the Minister shall publish notice of his intention to make such order at least twice in each of two or more newspapers circulating in such county or county borough.
Part IV.
MISCELLANEOUS.
Court may stay execution in certain cases.
25.—(1) Whenever judgment shall be given by any court after the passing of this Act 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 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 Justice in certain cases.
26.—(1) Proceedings by way of interpleader may be instituted by an under-sheriff before a District Justice in any case in which the under-sheriff shall have taken in execution or intended execution any goods, animals, or other chattels under any writ, decree, warrant, or other document, and such goods, animals, or chattels are claimed by some person other than the debtor, and the value or the proceeds of the sale (if any) of such goods, animals or chattels does not exceed twenty-five pounds.
(2) On the hearing by a District Justice of any interpleader proceedings under this section, the District 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.
Execution of civil decrees of District Court:
27.—From and after the coming into operation of Part III. of the Courts of Justice Act, 1924 (No. 10 of 1924), the under-sheriff or other officer executing the decrees of the District Court in civil cases shall in the execution of such decrees have the like rights, powers, duties, and obligations as are by this Act conferred or imposed on an under-sheriff in relation to the execution of a writ of fieri facias.
Power to make rules and prescribe forms.
28.—The Minister may make rules for the conduct of proceedings authorised by this Act to be brought before a District Justice, and may prescribe the forms to be used in such proceedings.
Definitions.
29.—In this Act—
the expression “the Minister” means the Minister for Justice;
the expression “District Justice” includes a Divisional Justice of the Police District of Dublin Metropolis, and after the coming into operation of Part III. of the Courts of Justice Act, 1924 (No. 10 of 1924) a Justice of the District Court, and the expressions “Court District” and “District Court Clerk” respectively include the district and the clerk of any such Justice as aforesaid;
the word “judgment” includes decree and order.
Short title and duration.
30.—(1) This Act may be cited as the Enforcement of Law (Occasional Powers) Act, 1924.
(2) This Act shall continue in force for twelve months after the passing thereof and shall then expire.