- Latest available (Revised)
- Point in Time (01/07/2013)
- Original (As enacted)
Version Superseded: 06/04/2014
Point in time view as at 01/07/2013.
Judgments Act 1838 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
Textual Amendments
F2S. 11 repealed by Administration of Justice Act 1956 (c. 46), Sch. 2
By virtue of any writ of fieri facias to be sued out of any superior or inferior court, or any precept in pursuance thereof, the [F3high sheriff] or other officer having the execution thereof may and shall seize and take any money or bank notes, (whether of the Bank of England, or of any other bank or bankers) and any cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money, belonging to the person against whose effects such writ of fieri facias shall be sued out; and may and shall pay or deliver to the party suing out such execution any money or bank notes which shall be so seized, or a sufficient part thereof; and may and shall hold any such cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money as a security or securities for the amount by such writ of fieri facias directed to be levied, or so much thereof as shall not have been otherwise levied and raised; and may sue in the name of such [F3high sheriff] or other officer for the recovery of the sum or sums secured thereby, if and when the time of payment thereof shall have arrived; and the payment to such [F3high sheriff] or other officer by the party liable on any such cheque, bill of exchange, promissory note, bond, specialty, or other security, with or without suit, or the recovery and levying execution against the party so liable, shall discharge him to the extent of such payment, or of such recovery and levy in execution, as the case may be, from his liability on any such cheque, bill of exchange, promissory note, bond, speciality, or other security; and such [F3high sheriff] or other officer may and shall pay over to the party suing out such writ the money so to be recovered, or such part thereof as shall be sufficient to discharge the amount by such writ directed to be levied; and if, after satisfaction of the amount so to be levied, together with sheriff’s poundage and expences [F4or other officer’s fees ], any surplus shall remain in the hands of such [F3high sheriff] or other officer, the same shall be paid to the party against whom such writ shall be so issued; provided that no such [F3high sheriff] or other officer shall be bound to sue any party liable upon any such cheque, bill of exchange, promissory note, bond, specialty, or other security, unless the party suing out such execution shall enter into a bond, with two sufficient sureties, for indemnifying him from all costs and expences to be incurred in the prosecution of such action, or to which he may become liable in consequence thereof, the expence of such bond to be deducted out of any money to be recovered in such action.
Textual Amendments
F3Words substituted by virtue of Local Government Act 1972 (c. 70), s. 219(1)
F4Words in s. 12 inserted (15.3.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 9; S.I. 2004/401, art. 2(b)(ii) (with art. 3)
Textual Amendments
F5S. 13 repealed by Law of Property Act 1925 (c. 20), Sch. 7
Textual Amendments
F6Ss. 14, 15 repealed by S.I. 1965/1776, Sch. 2
Textual Amendments
F7S. 16 repealed by Statute Law Revision (No. 2) Act 1874 (c. 96)
[F8(1)] Every judgment debt shall carry interest at the rate of [F98] pounds per centum per annum from [F10such time as shall be prescribed by rules of court] . . . F11 until the same shall be satisfied, and such interest may be levied under a writ of execution on such judgment.
F12[(2)Rules of court may provide for the court to disallow all or part of any interest otherwise payable under subsection (1).]
Textual Amendments
F8S. 17 renumbered as s. 17(1) (26.4.1999) by S.I. 1998/2940, art. 3(a); S.I. 1998/3132
F9Word substituted (1.4.1993) in relation to any judgment entered up after 1.4.1993 by virtue of S.I. 1993/564, arts. 1, 2.
F10Words in s. 17(1) substituted (26.4.1999) by S.I. 1998/2940, art. 3(b); S.I. 1998/3132
F11Words repealed by Civil Procedure Acts Repeal Act 1879 (c. 59), Sch. Pt. I
F12S. 17(2) inserted (26.4.1999) by S.I. 1998/2940, art. 3(c); S.I. 1998/3132
Modifications etc. (not altering text)
C1S. 17 applied by Crown Proceedings Act 1947 (c. 44), s. 24(1)(4)
S. 17 applied (7.10.2001) by S.I. 2001/3352, rule 6.22(2)
C2S. 17 applied: (1.7.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 15(3); (3.2.1995) by 1994 c. 37, ss. 10(3), 69(2) (with s. 66(2)); (1.11.1995) by 1988 c. 33, s. 75A(3) (as inserted (1.11.1995) by 1995 c. 11, s. 9 (with s. 16(6)); S.I. 1995/2650, art. 2); (2.9.1998) by 1993 c. 39, s. 10A(13) (as inserted (2.9.1998) by 1998 c. 22, ss. 2(1)(5), 27(5))
C3S. 17 amended by S.I. 1985/437, reg. 2
C4Power to exclude conferred (26.4.1999) by S.I. 1998/3132, rules 47.8(3), 47.14
C5S. 17 applied (E.W.) (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 12(2), 458(1); S.I. 2003/333, art. 2, Sch.
C6S. 17 applied (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 113(1), 279; S.I. 2003/1397, art. 2(1), Sch.
C7S. 17 applied (S.) (6.4.2006) by Energy Administration (Scotland) Rules 2006 (S.I. 2006/772), rules 1, 34(2)
C8S. 17 applied (E.W.) (30.11.2007) by PPP Administration Order Rules 2007 (S.I. 2007/3141), rules 1, 59(4) (with rule 3)
C9S. 17 applied (1.10.2009) by Companies Act 2006 (c. 46), ss. 578(3), 1300(2); S.I. 2008/2860, art. 3(k) (with arts. 7, 8, Sch. 2 paras. 1, 56)
C10S. 17 applied (E.W.S.) (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 88(4) (with rules 3(2), 4)
C11S. 17 applied (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 40(1), 211(2) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(c)(i)
C12S. 17 applied (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 155(8), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 11
C13S. 17 applied (E.W.) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 150(3)(a), 168(7) (with rule 5(2))
C14S. 17 applied by Education Act 1997 (c. 44), ss. 32AD(3), 32BC(3) (as inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(4)(6), 82(3); S.I. 2012/924, art. 3)
C15S. 17 applied by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 152C(3) (as inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(5), 82(3); S.I. 2012/924, art. 3)
C16S. 17 applied by Companies Act 2006 (c. 46), s. 1225G(1) (as substituted (2.7.2012) by The Statutory Auditors (Amendment of Companies Act 2006 and Delegation of Functions etc) Order 2012 (S.I. 2012/1741), arts. 1(2), 4)
C17S. 17 applied (E.W.) (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 40(3)(a), 57(6), 113(4)(b) (with rules 3, 208)
C18S. 17 applied (S.) (7.6.2013) by The Energy Supply Company Administration (Scotland) Rules 2013 (S.I. 2013/1047), rules 1, 42(2) (with rule 3)
C19S. 17 applied (with modifications) by S.I. 2010/2600, rule 51A (as inserted (1.7.2013) by The Tribunal Procedure (Amendment No. 3) Rules 2013 (S.I. 2013/1188), rules 1, 8 (with rule 10))
All decrees and orders of courts of equity, and all rules of courts of common law . . . F13 whereby any sum of money, or any costs, charges, or expences, shall be payable to any person, shall have the effect of judgments in the superior courts of common law, and the persons to whom any such monies, or costs, charges, or expences, shall be payable, shall be deemed judgment creditors within the meaning of this Act; and all powers hereby given to the judges of the superior courts of common law with respect to matters depending in the same courts shall and may be exercised by courts of equity with respect to matters therein depending . . . F13 and all remedies hereby given to judgment creditors are in like manner given to persons to whom any monies, or costs, charges, or expences, are by such orders or rules respectively directed to be paid.
Textual Amendments
Textual Amendments
F14S. 19 repealed by Land Charges Act 1900 (c. 26), Sch.
Textual Amendments
Textual Amendments
Textual Amendments
F17S. 22 repealed by Administration of Justice Act 1965 (c. 2), Sch. 2
Textual Amendments
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: