Judgments Act

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Judgments MONTSERRAT
CHAPTER 2.10
JUDGMENTS ACT
Revised Edition showing the law as at 1 January 2002
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page
JUDGMENTS ACT 3 Act 8 of 1907 .. in force 1 October 1907
Amended by Act: 2 of 1935
Amended by S.R.O. 15/1956
Amended by Act 10 of 1984
MONTSERRAT
CHAPTER 2.10
JUDGMENTS ACT
Revised Edition showing the law as at 1 January 2002
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page
JUDGMENTS ACT 3 Act 8 of 1907 .. in force 1 October 1907
Amended by Act: 2 of 1935
Amended by S.R.O. 15/1956
Amended by Act 10 of 1984
Judgments CAP. 02.10 3 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
CHAPTER 2.10
JUDGMENTS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title 2. Interpretation 3. Extent of operation of judgment in High Court 4. Applications for Order of sale 5. Order of sale by Court 6. Expiry of time for making order of sale 7. Interest on judgments 8. Judgments of Inferior Courts 9. Certificate of purchase of interest of judgment debtor
SCHEDULES __________
CHAPTER 2.10
JUDGMENTS ACT
(Acts 8 of 1907, 2 of 1935, S.R.O. 15/1956 and Act 10 of 1984)
Commencement
[1 October 1907]
Short title
1. This Act may be cited as the Judgments Act.
Interpretation
2. In this Act—
“Court” means the Magistrate’s Court;
“judgment” includes an order for the payment of money or costs or any other order having the operation of a judgment;
“lands” includes lands, messuages, tenements, and hereditaments of whatsoever nature or kind.
(Amended by Act 10 of 1984)
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LAWS OF MONTSERRAT
Extent of operation of judgment in High Court
3. A judgment already entered up or hereafter to be entered up against any person in the High Court shall operate as a charge upon all lands of such person within Montserrat to the extent of his beneficial interest therein:
Provided that no such judgment shall affect any such lands as to purchasers, mortgagees, or creditors, unless and until the person entitled to the benefit of such judgment shall have filed an application to the Court for an order for the sale of such lands towards satisfaction thereof.
Applications for order of sale
4. Every such application for an order of sale shall be according to the form in the First Schedule and shall be filed in the Magistrate’s Court and notice of the filing thereof shall be served upon the judgment debtor. Every such application shall be registered in a book to be kept for that purpose, and an index to such book in alphabetical order under the name of any person whose estate is intended to be affected by such application shall also be kept, and any person shall be at liberty to search the same on payment of the prescribed fee. (Amended by Act 10 of 1984)
Order of sale by Court
5. The Court may at any time within six months or such further time as it may allow, from the filing of an application for an order of sale, make an order for the sale of the right, title, and interest of the judgment debtor in the lands mentioned in the application, and may in connection with such order give such directions and impose such conditions as it may deem just. The costs of every such order shall be in the discretion of the Court. Every order of sale shall be registered in the manner hereinbefore provided for the registration of the application therefor.
Expiry of time for making order of sale
6. Where six months have elapsed after the filing of an application for an order of sale without an order having been made thereon, unless the Court shall have extended the time for making such order, such application shall be deemed to have been abandoned, and the lands therein mentioned shall no longer be affected thereby; but the person filing the same shall nevertheless be at liberty to file a second or further application, and thereupon the same consequences shall ensue as on the filing of the first application.
Interest of judgments
7. Every judgment debt shall carry interest at the rate of four per centum per annum from the time of the entering up of such judgment, or from the time of the commencement of this Act in cases of judgments then entered upon and not carrying interest, until the same shall be satisfied, and
Judgments CAP. 02.10 5 Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
such interest may be recovered in the same manner as the amount of such judgment. (Amended by Act 10 of 1984)
Judgments of Inferior Courts
8. A judgment already entered up or hereafter to be entered up in any inferior Court shall, on the filing in the High Court of a certificate of such judgment signed by the proper Officer of the Court where such judgment has been obtained or entered up, from the date of such filing be of the same force and effect, so far as relates to the lands of the judgment debtor, and all proceedings may be taken thereunder as if the same were a judgment of the High Court. Every such certificate shall be in the form in the Second Schedule or as near thereto as circumstances will permit, and shall be entered in the Judgment Book. (Amended by Act 10 of 1984)
Certificates of purchase of interest of judgment debtor
9. After the sale of the interest of any judgment debtor in any lands under this Act any Judge of the High Court shall grant a certificate to the person who shall have been declared the purchaser at such sale to the effect that he has purchased the right, title, and interest of the debtor in the lands sold and such certificate shall be liable to stamp duty as a conveyance or assignment of the said lands, and when duly stamped as aforesaid shall be taken and deemed to be a valid transfer of such right, title, and interest, and may be registered in the same manner as any deed of conveyance or assignment.
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6 CAP. 02.10 Judgments Revision Date: 1 Jan 2002
LAWS OF MONTSERRAT
FIRST SCHEDULE
(Amended by Act 10 of 1984)
(FORM OF) APPLICATION FOR ORDER OF SALE
Under section 4 of the Judgments Act
IN THE MAGISTRATE’S COURT
..................................................... Circuit
Between
Plaintiff
and
Defendant
The plaintiff having on the ......................................... day of .................... 20 .........,
obtained judgment in this Honourable Court against the above-named defendant for
the sum of $ .................................................. and costs of $ ...........................................
and the said judgment being now (wholly) unsatisfied (or) to the extent of
$ ......................................... hereby applies to the Court for an order for the sale
towards satisfaction of the same of the right title and interest of the said defendant in
and to the lands described in the Schedule hereto. Dated this ............................... day
of ....………........., 20 ........... .
SCHEDULE
Situation of Lands Boundaries
Parish Extent so far as
can be ascertained Name, if any On the East by
On the West by
On the North by
And on the South by
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LAWS OF MONTSERRAT
SECOND SCHEDULE
(Amended by Act 10 of 1984)
CERTIFICATE IN TERMS OF THE JUDGMENTS ACT, SECTION 8
I ................................................................... certify that (here state name, business or
occupation, and address of person obtaining judgment, and whether plaintiff or
defendant) on the ..................................... day of ......................................., 20 …..........,
obtained Judgment against (here state name, business or occupation, and address of
person against whom judgment was obtained, and whether plaintiff or defendant) in
the …................................……………..... Court of …...................................................
at …........................................................................... for payment of the sum of
…................................................... on account of (here state shortly the nature of the
claim with the amount of costs (if any) for which judgment was obtained.)
Dated this …...................................... day of …......................, 20 ….......
[To be signed by the Proper Officer of the Magistrate’s Court, and to be sealed with the Seal of the Court (if any).]
NOTE OF PRESENTATION TO BE APPENDED TO THE ABOVE FORM
The above Certificate is presented by me for filing in the High Court, in accordance with the provisions of the Judgments Act.
(Signature and address of Solicitor or Creditor presenting for filing)
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Printed by the Law Revision Unit of the Government of Montserrat Authorised Printers for this revised edition