Inferior Courts Judgments Extension Act 1882
| Jurisdiction | UK Non-devolved |
Inferior Courts Judgments Extension Act, 1882
(45 & 46 Vict.) CHAPTER 31.
An Act to render Judgments obtained in certain Inferior Courts in England, Scotland, and Ireland respectively, effectual in any other part of the United Kingdom.
[24th July 1882]
W HEREAS it is expedient to extend the principle of the Judgments Extension Act, 1868, to the judgments of certain inferior courts of Great Britain and Ireland:
Be it therefore 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 Short title.
1. This Act may be cited for all purposes as theInferior Courts Judgments Extension Act, 1882.
2 Interpretation of terms.
2. In this Act the following words and expressions shall have the interpretations and meanings in this section assigned to them respectively, unless there be something in the subject or context repugnant to such construction; (that is to say,)
The expression ‘judgment’ shall include decreet, civil bill decree, dismiss, or order:
The expression ‘inferior courts’ shall include County Courts, Civil Bill Courts, and all Courts in England and Ireland having jurisdiction to hear and determine civil causes, other than the High Courts of Justice; and in Ireland, Courts of Petty Sessions and the Court of Bankruptcy; and in Scotland shall include the Sheriffs Courts and the Courts held under the Small Debts and Debts Recovery Acts:
The expression ‘registrar of an inferior court’ shall include the sheriff clerk of a Sheriffs Court in Scotland, and any officer fulfilling the duties of a registrar in an inferior court in England; and in Ireland shall include the clerk of the peace or other officer whose duty it is to enter the judgment, decree, or order of the court:
‘Prescribed’ means prescribed by rules made under the provisions of this Act:
The expression ‘person’ shall include any party or parties to a cause in any inferior court in England, Scotland, or Ireland:
The expression ‘plaintiff’ shall include pursuer, complainer, or any person at whose instance any action or proceeding in an inferior court is instituted; and the expression ‘defendant’ shall include defender, respondent, or other person against whom any such action or proceeding is directed:
The expression ‘action’ shall mean the action or other proceeding in which any judgment was pronounced; and the expression ‘summons’ shall mean the summons or other initial writ in such action.
3 Registrar of Inferior Court to grant certificate of judgment.
3. Where judgment shall hereafter be obtained or entered up in any of the inferior courts of England, Scotland, or Ireland respectively for any debt, damages, or costs, the registrar of such inferior court or other proper officer shall after the time for appealing against such judgment shall have elapsed, and in the event of such judgment not being reversed upon appeal or of execution thereunder not being stayed, upon the application of the party who has recovered such judgment, and upon proof that the same has not been satisfied, and payment of the prescribed fee, grant a certificate in the form in the schedule to this Act annexed.
4 Registration of certificate shall have the effect of a judgment of the Court in which it is registered.
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