Superior Court Rules

ORDER 47

ORDER OF POSSESSION

1. An order of possession shall be an order of the court bearing date of the day of issue and authenticated in like manner as an originating summons. All statutes and enactments relating to the former writ of possession shall, save in so far as modified or repealed by any later statute or enactment, apply mutatis mutandis to the order of the court hereby substituted therefor. Such order shall be in the Form No 5 in Appendix F, Part II.

2. Where by any judgment or order any person therein named is directed to deliver up possession of any lands to some other person the person prosecuting such judgment or order shall, without any order for that purpose, be entitled to sue out an order of possession on filing an affidavit showing due service of such judgment or order, and that the same has not been obeyed.

3. The time within which a copy of the notice mentioned in the Land Law (Ireland) Act, 1887, section 7, must be filed in court shall be 21 days after the service thereof, and such copy shall be so filed by delivering same to the proper officer in the Central Office.

4. The mode of proving service of all notices under the said Act, and the date or dates of such service, shall be by affidavit, to be filed with the proper officer of the Central Office.

5. The order of possession, under which possession of a holding may be recovered after the expiration of the period of redemption has expired, pursuant to the provisions of the said section 7, shall be the Form No 6 in Appendix F, Part II.

6. The order of possession, by which a judgment in an action for the recovery of land shall be executed after the stay upon the execution of such judgment has been removed in consequence of default made in complying with an order of the court for the payment of any instalment of the arrears of rent and costs, or such sum in lieu thereof, as is mentioned in the Land Law (Ireland) Act, 1887 (50 & 51 Vic c 33), section 30, shall be in the Form No 7 in Appendix F, Part II.

7. Upon any judgment or order for the recovery of any land and mesne profits, arrears of rent, double rent, damages, or costs, there may be either one order or separate orders of execution for the recovery of possession and for the mesne profits, arrears of rent, double rent, damages or costs at the election of the successful party.

8. Upon every order of possession issued before the expiration of the period of redemption in any action for the recovery for non-payment of rent for a holding to which the Land Law Acts apply there shall be a statement of the amounts payable in respect of rent and cost for redemption; and if at any time before execution the defendant shall pay to the sheriff the said amounts such sheriff shall stay such execution, and shall indorse on such order, as a return thereto, the receipt of such rents and costs.

9. Upon every order of possession in any action for the recovery for non-payment of rent of land to which the Land Law Acts do not apply there shall be a statement of the amount of rent then due; and if at any time before execution the defendant shall pay to the sheriff the sum so marked for rent and the costs, such sheriff shall stay such execution, and shall indorse on such order, as a return thereto, the receipt of such rent and costs.

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