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Balances of partnership accounts, not exceeding 40l., and actions involving title to corporeal or incorporeal hereditaments, may be brought in civil bill courts.
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1. The chairmen of every county in Ireland shall have jurisdiction to try by civil bill actions for the recovery of any debt or demand not exceeding forty pounds alleged to be due as the balance of a partnership account, whether the balance shall have been ascertained or not previous to the issuing of the civil bill; and such chairmen shall, in addition to any jurisdiction in respect of lands and hereditaments which they already possess, also have jurisdiction to try by civil bill actions in which the title to any corporeal or incorporeal hereditament shall come in question, when the value of the land in dispute, or in respect of which an easement or license is claimed, or on, through, over, or under which such easement or license is claimed, shall not exceed [2 thirty pounds]
by the year as valued under the Acts relating to the valuation of rateable property in Ireland; but the decision of the chairmen in any action in which the title to any corporeal or incorporeal hereditament shall be in question shall not be evidence of title between the parties or their privies in any other action relating to any other corporeal or incorporeal hereditament, although the same may depend in the whole or in part on the same title: Provided, however, that this section shall not extend to any action in which title to any fishery or right of fishing shall come in question.
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Power to remove cases involving title to corporeal or incorporeal hereditaments to superior courts.
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2. The defendant in any civil bill in which the title to a corporeal or incorporeal hereditament shall be in question may, at any time after the service of the civil bill on him, apply to a judge of one of Her Majesty's Superior Courts of Common Law in Ireland for a summons to the plaintiff to show cause why such action shall not be tried in one of the Superior Courts of Common Law in Ireland on the ground that the title to lands or hereditaments of greater annual value than [1 thirty pounds]
as before defined would be affected by the decision in such action, or on any other ground which may make it more proper to have the case tried in any of such Courts; and on the hearing of such summons the judge may, if he think expedient, order, on such terms as he may think proper to impose, that the proceedings in the civil bill court shall be discontinued, and that such action shall be tried in one of the Superior Courts of Common Law in Ireland.
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[1 Short title, “The Civil Bill Courts (Ireland) Act, 1874.” See 59 & 60 Vict. c. 14.]
[2 Substituted for “twenty pounds” by 40 & 41 Vict. c. 56. s. 53.]
[1 Substituted for “twenty pounds” by 40 & 41 Vict. c. 56. s. 53.] |
