20 1924


Part IV.


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.


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.