Judgments Enforcement Act 1886

c i e
AT 2 of 1886

JUDGMENTS ENFORCEMENT ACT 1886

Judgments Enforcement Act 1886 Index


c AT 2 of 1886 Page 3

c i e
JUDGMENTS ENFORCEMENT ACT 1886

Index Section Page

1 Short title .......................................................................................................................... 5
2 Interpretation ................................................................................................................... 5
3 and 4 [Repealed] ............................................................................................................. 5
5 Procedure under order for possession of real estate ................................................. 5
6 Procedure as to an order of possession relating to property other than real
estate ................................................................................................................................. 6
7 Interference with Coroner, a contempt of Court ........................................................ 6
ENDNOTES 7

TABLE OF LEGISLATION HISTORY 7
TABLE OF RENUMBERED PROVISIONS 7
TABLE OF ENDNOTE REFERENCES 7

Judgments Enforcement Act 1886 Section 1


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c i e
JUDGMENTS ENFORCEMENT ACT 1886

Received Royal Assent: 26 June 1886
Promulgated: 5 July 1886
Commenced: 5 July 1886
AN ACT
to Amend the Law as to the Enforcing Judgments in Certain Cases.
1 Short title

This Act may be cited as the Judgments Enforcement Act, 1886.
2 Interpretation

In this Act, unless repugnant to the context:
The term “Judgment Debt
” means the amount of a judgment to be levied by
execution:
The term “Judgment Debtor
” means the person liable to pay a judgment debt:
The term “Execution
” means execution for a judgment debt to be enforced
against the property of a judgment debtor:
The term “Order of Possession
” means a judgment or order for obtaining
possession or delivery of any property other than money:
The term “Possessor
” means the person from whom, under an order of
possession, possession of property is required:
The term “Coroner
” includes any officer having authority by law to enforce or
execute an execution or order of possession.
3 and 4 [Repealed]
1

5 Procedure under order for possession of real estate

It shall be the duty of a coroner when enforcing an order for possession of
corporeal real estate to take possession of the same, and for such purpose he
may use such force as is necessary to enter and take possession thereof, and may
require any person in the occupation of such real estate forthwith to leave the
same and to remove his effects therefrom. If any person refuses to leave such
Section 6 Judgments Enforcement Act 1886


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real estate after being so requested to do so by a coroner, such person may be
removed from such real estate by the coroner with such force as may be
necessary; and the coroner shall report such refusal to the Court, and such
person shall be liable to be dealt with for contempt of Court. Where such person
refuses to remove his effects from such real estate the coroner may seize and
remove the same to any convenient store and retain such effects until he has
been reimbursed all necessary expenses of such removal and storage. Provided
that, if not so reimbursed within one month from the removal thereof, the
coroner may sell such effects by public auction, and after payment out of the
proceeds of sale of such expenses and the expenses of the sale, the coroner shall
pay the balance of such proceeds into Court, but if the proceeds of sale are
insufficient to discharge such expenses and the expenses of the sale and the
defendant makes default in payment thereof, the plaintiff shall reimburse the
Coroner the amount due to the Coroner in respect of such expenses and the
expenses of the sale.2

6 Procedure as to an order of possession relating to property other than

real estate

It shall be the duty of a Coroner, when enforcing an order of possession relating
to property other than real estate, to take possession of such property, where he
is able so to do; but otherwise he shall demand from the possessor possession
thereof, and if he fails or refuses to comply with such demand, then the Coroner
shall so certify, and the subsequent procedure shall be by way of presentment
and writ of contempt, as heretofore accustomed.
7 Interference with Coroner, a contempt of Court

Any act on the part of a judgment debtor or possessor or any other person
wilfully to hinder or interrupt a Coroner executing an execution or order of
possession, or to prevent a Coroner seizing or possessing himself of property
which he is entitled to seize or take possession of under any execution or order
of possession, shall be deemed to be a contempt of the Court from which the
execution or order of possession may have issued, and the person guilty of such
contempt may be proceeded against to be punished for such contempt at the
instance of the Coroner or of any person interested in the cause or suit in which
the execution or order of possession may have been granted.
Judgments Enforcement Act 1886 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Ss 3 and 4 repealed by Administration of Justice Act 1981 Sch 6. 2
S 5 substituted by Coroners Act 1930 s 3 and amended by Coroners Act 1951 s 1.