County Court Amendment (Ireland) Act 1882
| Jurisdiction | UK Non-devolved |
| Citation | 1882 c. 29 |
| Year | 1882 |
County Court Amendment (Ireland) Act, 1882
(45 & 46 Vict.) CHAPTER 29.
An Act to amend the Acts relating to the County Courts in Ireland, and to make better provision for Appeals under the said Acts.
[24th July 1882]
W HEREAS it is expedient to amend the law and procedure regulating appeals from county courts in Ireland:
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Application of Act.
1. This Act shall extend to Ireland only.
2 Short title.
2. This Act may be cited as theCounty Court Amendment (Ireland) Act, 1882.
3 Interpretation of terms.
3. The terms ‘county court judge,’‘clerk of the peace,’‘civil bill court,’‘county,’ and ‘borough’ in this Act shall have the same meaning as is provided by the fortieth and forty-first Victoria, chapter fifty-six.
4 Any person dissatisfied with any adjudication may appeal to the judge of assize, who is hereby authorised to hear and determine the same.
4. Any person dissatisfied with any decree, dismiss, or order, whether adverse to him or in his favour, pronounced by any county court judge, in the exercise by him of any jurisdiction at law under the several Acts conferring jurisdiction on county or civil bill courts in Ireland, may, in manner herein provided, appeal therefrom to the judge of assize for the respective counties in which such decree, dismiss, or order shall have been made or pronounced; and such judge of assize is hereby empowered and required to hear such suit or matter, and to make such decree or order thereon, and issue such execution in all respects as is empowered by the several statutes in that behalf by the said county court judges to be awarded, and the said judge of assize may upon any such appeal adjourn or remit the suit or matter back to the county court judge with such declarations or directions as he shall think proper, and may upon said appeal make such order with reference to the costs thereof as he shall think fit. Nothing contained in this section shall apply to any suit or matter instituted under the equitable jurisdiction vested in the county courts by the County Officers and Courts (Ireland) Act, 1877, as amended by this Act.
5 Appeal to be by notice served within four clear days after close of sitting of civil bill court.
5. Every appeal under this Act shall be by notice signed by the party appealing or his solicitor in the form or to the like effect in the schedule to this Act annexed. Such notice shall be lodged with the clerk of the peace and shall be served within four clear days from the close of the sitting of the county court for the hearing of civil bills at which the decree or adjudication appealed from shall have been made, and shall be to the next assize to be held after the said period. Service of such notice shall be effected on the opposing party or his solicitor personally, or by leaving same at their or either of their residences with a clerk, servant, wife, or child, or other person therein over the age of sixteen years; and proofof such service shall be by affidavit made before any justice of the peace, which he is hereby empowered to take, or before the clerk of the peace; and on such proof being given the clerk of...
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