(Ireland.)

A

BILL

ΤΟ

Enlarge the Jurisdiction of the Courts of Common
Law in Ireland, and to dispense by Consent with
Trial by Jury.

[Note. The Words printed in Italics are proposed to be inserted in Committee.]

W

HREEAS a Failure of Justice frequently occurs in Courts Preamble. of Common Law by reason of the Application of certain technical Rules, which oblige Suitors to resort to Courts of Equity: And whereas it is expedient to remove such Obstacles to 5 the Administration of Justice in Courts of Law, where a Relaxation of those Rules would be compatible with their present Course of proceeding: And whereas it is expedient to make Provision for dispensing with Trial by Jury in such Courts whenever the Parties litigant shall consent to dispense with the same: Be it therefore enacted by the 10 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:

I. Any Assignee in Writing of a Chose in Action, founded on any Assignee of Contract, Decree, or Order for the Payment of Money only; and who Chose in Action may 15 would be entitled to maintain a Suit in Equity, as such Assignee, to sue at Law. enforce such Contract or the Payment of such Money, shall, from and after the Registry of such Assignment in the Manner herein-after pre

to be made.

scribed, be entitled in his own Name to maintain such Personal Action
in any of the said Superior Courts of Common Law, or in any
Inferior Court of Record, or such Proceeding by Civil Bill, or to sue
out and prosecute such Writ of Revivor, and have such final Judg-
ment or Decree (as the Case may be), and in as full a Manner as the 5
Person originally entitled to such Chose in Action and whose Interest
has been assigned, might have had or done; and such Assignee shall
be so entitled, whether he shall derive immediately or remotely from
the Person so originally possessed of such Right to sue thereon, and
shall be considered, to all Intents and Purposes, and whether for the 10
Purpose of releasing such Right or otherwise, as the Person originally
entitled to the same had theretofore been; and it shall be lawful for
any Defendant in any Proceeding taken by the Person so originally
entitled, or by any such Assignee as aforesaid, to plead or insist by
way of Defence that the Interest of the Plaintiff in such Proceeding 15
had been theretofore assigned in the Manner prescribed by this Act:
Provided, that nothing herein contained shall operate at Law to
transfer the Right to the Benefit of any Bond, Covenant, or Agree-
ment collateral in its Nature, unless the Assignment thereof shall be
made to the Person entitled to the Subject-matter to which such 20
Bond, Covenant, or Agreement is so collateral, or to some Person as
Trustee for him; and that nothing in the foregoing Provision con-
tained shall apply to any Covenant running with the Land.

Registry of II. The Right to the Benefit of such Chose in Action, or to release Assignment the same, or to take any such Proceeding as aforesaid in respect 25 thereof, shall not become vested at Law in such Assignee thereof, nor shall such Assignment furnish such Defence as aforesaid, unless and until a Memorandum of such Assignment shall be lodged with the Registrar of Judgments, containing the Names of the Parties to the Action, Cause, or Suit, and the Title of the Court in such Judgment, 30 Decree, or Order so assigned has been obtained or made, and the Date thereof, or if the Matter of such Assignment shall be a Contract, the Names of the Parties thereto, and the short Description of the Nature of such Contract, and the Sum of Money, if any, named therein, as well as the Sum of Money claimed to be due thereon, if 35 any; and such Memorandum shall also contain the Names, Descriptions, and Residences of the Parties to such Assignment, and the Name of the Person originally entitled to the Interest so assigned; and the said Registrar shall, on Payment of a Fee of

enter the Contents of such Memorandum in a Book, to be kept by 40
him for that Purpose, under an alphabetical Arrangement according to
the Name (in case of any such Judgment, Decree, or Order) of the
Plaintiff, Defendant, or Person ordered to make or entitled to receive
Payment of the Money mentioned in such Judgment, Decree, or

Order;

Order; and in case the same relates to any Contract, then according to the Name of the Person entitled to the Benefit or originally bound to the Fulfilment of such Contract as stated in such Memorandum; and the said Registrar shall also enter the Day on which such 5 Memorandum has been lodged, and shall, if so required, enter upon the Instrument of Assignment a Certificate of the Registration thereof, and the Date of such Registration; and upon Payment of a further Fee of Shillings shall give the Person so registering the same a Certificate of such registration, and shall sign such Certificate as such 10 Registrar; and such Certificate so signed shall be sufficient Evidence of such Registration in any Court of Justice without Proof of the Handwriting of the said Registrar, or of the official Character of the Person so signing the same; and any Person forging such Signature shall be guilty of the Offence of Forgery within the Provisions of the Act 15 passed in the Session of Parliament holden in the Fourteenth and Fifteenth Years of the Reign of Her present Majesty, intituled, " An "Act to amend the Law of Evidence," and shall be subject to the Punishment imposed by the said Act upon Persons guilty of forging the Signature of Public Officers; and such Book shall be open to 20 public Inspection at all reasonable Times, for the Fee of

Shillings and no more; and a Certificate of Search shall be given to any Person requiring the same upon Demand and Payment of a Fee of Shillings, certified by the said Registrar to set forth the Date and Particulars of all such Memoranda as shall have 25 been theretofore registered as aforesaid.

III. When a general Assignment shall be executed of the Rights General of any Person in relation to Choses in Action or Debts due to such Assignment for Creditors. Person, without Specification of the Particulars, to any Person as a Trustee for the Benefit of the Creditors of such Person so assigning, 30 it shall be sufficient for the Memorandum to be lodged with the Registrar of Judgments as aforesaid to contain a Statement to that Effect, with the Date thereof, and the Names, Descriptions, and Residences of the Parties to such Assignment; and such Trustee shall thereupon be invested with the same Rights in relation to such Choses 35 in Action as if the same had been severally assigned and registered in the Manner herein-before mentioned.

prevail.

IV. In case it shall happen that there shall have been more than First RegisOne Assignment of the same Chose in Action made by the same tered Assignment to Person, the Assignment thereof first registered in the Manner herein 40 prescribed shall operate to transfer the Right at Law to release or sue upon the same, as aforesaid; and upon the Registration of such Assignment, the Right at Law of the Assigner to release or sue upon the same shall wholly cease and determine.

Notice of
Assignment

before Action.

Payment or
Release
before
Notice.

Defence to Action by Assignee.

Positive Fraud Defence to Deeds and Judgment at Law.

V. No Action, Suit, or Proceeding shall be brought or taken upon any such Assignment unless a Notice in Writing, stating the Right of the Assignee, and specifying his Demand thereunder, shall have been served on the Party to be sued or proceeded against at least One Fortnight before the Commencement of such Action, Suit, or 5 Proceeding, which Notice shall be served in the Manner herein provided for the Service of a Summons and Plaint; but in case the Plaintiff in any personal Action in respect of such Right shall have obtained an Order to substitute Service of the Summons and Plaint, it shall not be necessary to prove the Service of such Notice.

10

VI. In any Case in which a Release of a Chose in Action shall have been executed by the Assigner thereof, or Payment shall have been made to him after the Assignment thereof by such Assignee, and no Notice of such Assignment shall have been received by the Person liable to be sued or proceeded against in relation to such Chose in 15 Action, it shall be lawful for the said Person, anything in this Act to the contrary notwithstanding, to rely on the said Payment or Release by way of Defence to any Action, Suit, or Proceeding brought or taken against him in respect of such Chose in Action, unless such Release had been accepted, or such Payment made with Intent to 20 defraud such Assignee as aforesaid.

VII. It shall be lawful for any Defendant or Person liable in respect of any such Chose in Action, in any Action, Suit, or Proceeding had or taken in respect of any such Chose in Action assigned as aforesaid, to plead or rely upon any Matter of Defence which may have arisen 25 during the respective Periods within which the said Person so originally entitled to the Benefit of such Chose in Action, or those entitled under any Assignment thereof, may have been theretofore interested in the same.

VIII. Matter of positive Fraud, by Deceit, Circumvention, or 30 Practice upon the Weakness of any Person, or otherwise, whereby the Execution of any Deed shall have been or shall be procured, or any Judgment obtained upon any Warrant of Attorney to confess the same, and which would be sufficient to impeach such Deed or Judgment in a Court of Equity, shall be deemed sufficient to avoid such 35 Deed or Judgment in a Court of Law, and shall be receivable in Evidence by such Court of Law accordingly for that Purpose: Provided however, that the Finding of a Jury, or the Judgment of a Court of Law in any Suit or Action in which any such Deed or Judgment shall be so impeached with Success, shall not affect the Rights of any 40 Person but the Parties to the said Suit or Action, or any Person or Persons deriving under such Persons or any of them.

IX. The

Contract for
Lease

IX. The Defendant in any Action of Ejectment on the Title Equitable brought for the Recovery of any Lands shall be at Liberty to set up, Contra by way of Defence thereto, the Existence of a valid subsisting Defence to Contract in relation to the said Lands theretofore made between the Ejectment. 5 Defendant or some one of the Defendants, or the Person under whom he derives by Representation or Will, and the Plaintiff, or One of the Plaintiffs, or the Person under whom he derives, and such as would be enforced in a Court of Equity, and by virtue of which, if performed, the Defendant would at Law be entitled to the Possession of the said 10 Lands; provided, however, that such Defendant shall not be entitled to make such Defence unless he or some Person under whom he derives shall, before the Commencement of such Action of Ejectment, have offered by Notice in Writing to the Plaintiff, or the Person under whom he derives, to perform the said Contract, and shall not have 15 afterwards refused or neglected to perform the same when so required by the said Plaintiff or the Person under whom he derives.

not to be

X. The Defendant in any Action of Ejectment on the Title shall Outstanding not be at liberty to set up by way of Defence thereto the Existence of legal Estate any outstanding legal Estate or legal Right to the Possession in any Defence in 20 Person or Persons not a Party to the said Action, where such Action Ejectment. shall be brought to try the Title to the Lands the Subject of such Ejectment exclusively between the Plaintiff and the Defendant thereto, and where the said Plaintiff shall by an Endorsement on the Summons and Plaint notify that such Ejectment is brought for such Purpose 25 alone; and it shall not be necessary in any such Case to make any Person or Party a Defendant to such Ejectment, except the Person or Persons with whom it is intended to try such Right, nor shall any Person not named as such Defendant be permitted to take Defence to such Ejectment, without the special Leave of the Court, obtained on 30 Motion for that Purpose: Provided, however, that no Judgment obtained in any such Ejectment shall affect any Person other than the Parties to the same and those who derive under such Parties; and the Plaintiff shall not be at liberty to use any Writ of Habere facias possessionem upon any Judgment in such Ejectment, for the Purpose 35 of obtaining Possession of the Lands named in such Ejectment or any Part thereof, unless the same shall be in the actual Possession of the Party Defendant to such Ejectment, or some One or more of the Defendants.

XI. Nothing in this Act contained shall operate to limit or deprive Jurisdiction 40 any Court of Equity of the Jurisdiction which it now possesses in of Court of Equity relation to any of the Subjects or Matters which may be entertained saved. by a Court of Law or a Civil Bill Court under the Provisions of this Act, or to authorize any Proceeding by Ejectment or otherwise against