Courts of Justice (No, 2) Act, 1928

In short

This law validates certain judgments made by the High Court between October 1926 and July 1928, which were obtained when a defendant did not appear in court. It also sets out rules for what happens if these types of judgments were already overturned.

What it regulates

The validity of specific High Court judgments obtained without a hearing.
The conditions under which these judgments are considered valid.
The consequences for judgments that were set aside before this Act.
Limitations on what a defendant can recover if a judgment against them was set aside.

Who it concerns

Plaintiffs who obtained judgments in the High Court between October 1926 and July 1928 due to a defendant's non-appearance.
Defendants against whom such judgments were made, provided they were not minors or persons of unsound mind.

Key points

A judgment is covered by this Act if it was obtained between October 1st, 1926, and July 14th, 1928, without a hearing, and was not set aside before October 18th, 1928.
These judgments are considered valid and cannot be challenged solely because they were obtained without a hearing or a judge's determination.
If a judgment was set aside before October 18th, 1928, the defendant's ability to recover money from the plaintiff or court officials is limited to specific amounts.
The Act does not prevent judgments from being set aside for reasons other than the lack of a hearing.

Legal text

Courts of Justice (No, 2) Act, 1928 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1928 Courts of Justice (No, 2) Act, 1928 Courts of Justice (No, 2) Act, 1928 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 35 of 1928. COURTS OF JUSTICE (No. 2) ACT, 1928. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Judgments to which this Act applies. 3. Validation of judgments to which this Act applies. 4. Judgments already set aside by the Court. 5. Short title and citation. Number 35 of 1928. COURTS OF JUSTICE (No. 2) ACT, 1928. AN ACT TO VALIDATE CERTAIN JUDGMENTS HERETOFORE OBTAINED IN THE HIGH COURT ON DEFAULT OF APPEARANCE BY THE DEFENDANT AND TO MAKE PROVISION IN RESPECT OF CERTAIN MATTERS CONSEQUENTIAL ON SUCH VALIDATION AND IN PARTICULAR IN RESPECT OF CERTAIN OTHER JUDGMENTS SO OBTAINED WHICH HAVE LATELY BEEN SET ASIDE BY THE HIGH COURT. [26th December, 1928.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions. 1.—In this Act— the word “Judge” means a Judge of the High Court; the expression “the Master” means the Master of the High Court; and the expressions “the summons”, “the suit”, “the plaintiff”, and “the defendant”, when used in relation to a judgment to which this Act applies, mean respectively the summary summons or the plenary summons (as the case may
be)on which such judgment was obtained, the suit instituted by such summons, and the plaintiff and the defendant in such suit. Judgments to which this Act applies. 2.—Wherever— (
a)a plaintiff in a summary summons or a plenary summons on foot of a liquidated demand has on default of appearance by the defendant therein obtained judgment on such summons against such defendant, and (
b)such defendant was not an infant or person of unsound mind not so found, and (
c)such judgment was obtained by entering or marking the same in the Central Office without any hearing of such summons by the Master or a Judge, and (
d)such judgment was so obtained on or after the 1st day of October, 1926, and before the 14th day of July, 1928, and (
e)such judgment was not set aside, withdrawn, or vacated before the 18th day of October, 1928, by an order made or other proceeding had in the suit instituted by such summons, then and in every such case such judgment shall be a judgment to which this Act applies. Validation of judgments to which this Act applies. 3.—

(1)A judgment to which this Act applies shall be and shall be deemed to have been as from the 17th day of October, 1928, incapable of being impugned, set aside, or reversed on account of the same having been obtained without any hearing of the summons by the Master or a Judge or without any determination by the Master or a Judge of the judgment to which the plaintiff was entitled, and every order made or proceeding had after the 17th day of October, 1928 (whether before or after the passing of this Act), whereby such judgment was or shall be set aside or reversed on the ground aforesaid shall be and, if made or had before the passing of this Act, be deemed always to have been void and of no effect.

(2)Subject to the provisions of the next following sub-section of this section, every judgment to which this Act applies and every order made, proceeding had, or step taken (whether by way of legal or equitable execution or of registration of a judgment-mortgage or otherwise howsoever and whether before or after the passing of this Act) on foot of such judgment shall be and, if obtained, made, had, or taken before the passing of this Act, shall be deemed always to have been as valid and effectual as the same would have been if such judgment had been obtained after a hearing of the summons by the Master or a Judge (as the case might require) and the determination by the Master or such Judge of the judgment to which the plaintiff was entitled.

(3)Nothing in this Act shall prejudice or prevent a judgment to which this Act applies or any order made, proceeding had, or step taken (whether before or after the passing of this Act) on foot of such judgment being set aside, reversed, vacated or avoided, whether before or after the passing of this Act, on any ground other than on account of such judgment having been obtained without any hearing of the summons by the Master or a Judge or without any determination by the Master or a Judge of the judgment to which the plaintiff was entitled. Judgments already set aside by the Court. 4.—Where a judgment of the High Court on a summary summons or a plenary summons on foot of a liquidated demand was obtained on default of appearance of the defendant and has been set aside by the High Court or a Judge thereof before the 18th day of October, 1928, or where the setting aside of such judgment has been affirmed by the Supreme Court, on account of the same having been obtained without any hearing of the summons by the Master or a Judge, the following provisions shall have effect, that is to say:— (

a)if before such judgment was so set aside an order in the nature of a writ of fieri facias was issued to recover the amount of such judgment and chattels of the defendant were seized and sold under such order, the defendant shall not be entitled to recover from the plaintiff or from the under-sheriff or county registrar by whom such order was executed or from any other person on account of such seizure and sale any greater sum (whether by way of damages, money had and received to his use or otherwise) than the sum for which such chattels were so sold less by any moneys paid out of such sum to the defendant by such under-sheriff or county registrar; (
b)if before such judgment was so set aside the plaintiff recovered from the defendant by garnishee, receiver by way of equitable execution, or any other form of execution not otherwise specifically dealt with in this section any moneys on foot of the amount of such judgment, the defendant shall not be entitled to recover from the plaintiff on account of such execution any greater sum (whether by way of damages, money had and received to his use or otherwise) than the amount of the moneys actually so recovered by the plaintiff; (
c)if before such judgment was so set aside the plaintiff registered such judgment as a judgment-mortgage against lands of the defendant, the defendant shall not be entitled to recover from the plaintiff on account of such registration of such judgment any sum (whether by way of damages or otherwise) whatsoever save only the costs and expenses (if any) actually incurred by the defendant in procuring the vacation or cancellation of such judgment-mortgage. Short title and citation. 5.—

(1)This Act may be cited as the Courts of Justice (No. 2) Act, 1928.

(2)For the purposes of collective citation the expression “the Courts of Justice Acts, 1924 to 1928,” shall include this Act. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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