Sheriffs (Ireland) Act, 1835

Grants in custodiam for Debts to be made on Application of Commissioners of the Treasury, unless Cause shown to the contrary.

XXV. And be it enacted, That it shall be lawful for the Secondary of the said Chief Remembrancer, upon Application to him on behalf of the Lord High Treasurer or the Commissioners of His Majesty’s Treasury in the Matter of any Debtor to His Majesty whose Debt shall be a Debt of Record in the said Court, and on the Certificate of the Attorney or Solicitor General for Ireland that such Debt is over due to the Crown, to enter a Rule in such Matter that a Custodiam be made to such Person as shall be named on behalf of the said Lord High Treasurer or Commissioners, in Trust for His Majesty, of the Lands, Tenements, and Hereditaments of such Debtor, to hold to such Trustee until such Debt be discharged, unless Cause to the contrary be shown to the said Chief Remembrancer at such Time as shall be appointed by such Rule for that Purpose; and upon Proof that a Copy of such Rule hath been served upon the Debtor, or left at his last Place of Residence, or that he hath absconded, or that his last Place of Residence cannot be discovered, and that such Rule or Order has been served in such Manner as the said Chief Remembrancer may have directed, it shall be lawful for the said Chief Remembrancer, at the Time appointed by the said Rule for that Purpose, to make the same absolute, or to allow any Cause shown against the same, in the whole or in part, or to make such further Order in the Matter as he shall deem just, and to confine the Grant in custodiam to so much of the Lands, Tenements, or Hereditaments of the Debtor as may be sufficient for securing a due and prompt Payment of the Debt; and he shall by every such Order direct that the Custodee shall come in and account before him at such Time or Times as he shall in every such Order direct; and every Grant in custodiam shall be made out by his said Secondary, and shall be signed and enrolled by him, and for which he shall receive a Fee of One Pound.