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JUDGMENTS EXTENSION ACT 1868 - SECT 3

Registration of decreets of court of session at Dublin.

3. On production... to the Master of the Court of Common Pleas at Dublin, of
the certificate, in one of the forms contained in the schedule hereto annexed,
as the case may be, of any extracted decreet of the Court of Session in
Scotland which shall hereafter be obtained for the payment of any debt,
damages, or expenses, purporting to be signed by the extractor of the Court of
Session, or other officer duly authorized to make and subscribe extracts, or
on production of the certificate of an extracted decreet of registration in
the books of council and session, purporting to be signed by the keeper of the
register of deeds, bonds, protests, and other writs registered for execution
in the books of council and session, which shall hereafter be obtained for the
payment of any debt, damages or expenses, such certificate shall be registered
by such master in a register to be kept in the Court of Common Pleas at ...
Dublin... for that purpose, and to be called "The Register for Scotch
Judgments"; and such certificate when so registered shall from the date of
such registration be of the same force and effect as a judgment obtained or
entered up in the court in which it is so registered, and all proceedings
shall and may be had and taken on such certificate as if the decreet of which
it is a certificate had been a judgment originally obtained or entered up on
the date of such registration as aforesaid in the court in which it is so
registered; and all the reasonable costs, charges, and expenses attendant upon
the obtaining and registering such certificate shall be recovered in like
manner as if the same were part of the decreet of which it is a certificate:
Provided always, that no certificate shall be registered as aforesaid more
than twelve months after the date of such decreet unless application shall
have been first made to and leave obtained from the court or a judge of the
court in which it is sought so to register such certificate: Provided that
where a note of suspension of any such decreet shall have been passed or a
sist of execution shall have been granted thereon by the said Court of Session
or any judge thereof, on the production of a certificate under the hand of the
clerk to the bill chamber of the Court of Session of the passing of such note
or the granting of such sist to a judge of the court in which such certificate
of such decreet has been registered, execution on such registered certificate
shall be stayed until a certificate be produced under the hand of the said
clerk that such sist has been recalled or has expired, or, where the note of
suspension has been passed, until there be produced an extract, under the hand
of the extractor of the Court of Session or other officer duly authorized to
make and subscribe extracts, of a decreet of the said court repelling the
reasons of suspension.

© 1868 Crown Copyright

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