Process for Commencement of Personal Actions shall be according to Form in Schedule, and be called Writ of Summons, Residence and Parties to be mentioned in Writ. CAP. XVIII. An Act for the Regulation of Process and Practice in II. And be it enacted, That in every such Writ and Copy Description of thereof the Place of Residence of the Party Plaintiff, and the Place of Residence or supposed Residence or last known Residence of the Party Defendant, and the usual Designation or Description of such Parties respectively, or such Designation or Description as the Plaintiff or his Attorney may be able to Writ may be give, shall be mentioned; and every such Writ may be sued served anyout at any Time notwithstanding any Privilege, and may be where, and reserved personally in any Place in which the Defendant or Demain in force Four Months. fendants may be found, within the Jurisdiction of the Court, and the Person serving the same shall and is hereby required to endorse on the Writ the Place and the Day of the Month and Year of the Service thereof; and every such Writ shall remain in force for Four Calendar Months from the Day of the Date thereof, including the Day of such Date, and no longer. III. And be it enacted, That no Writ of Summons issued Summons to be under the Authority of this Act shall be treated or considered count of verbal as invalid on account of any verbal or technical Error or Omission in the same; and it shall be lawful for the said Superior No Writ of invalid on ac or technical Courts Courts of Law respectively, or any Judge or Baron thereof, to Error or Omisdecide and determine what is a verbal or technical Error or sion. Omission in any such Writ, and to amend or authorize the Amendment thereof; but all Errors or Omissions which have not a manifest Tendency to mislead the opposite Party shall in all Cases be deemed merely verbal or technical. c. 105. IV. Provided always, and be it enacted, That nothing in Act not to this Act shall interfere with or affect such of the Provisions of affect 3 & 4 Vict. an Act of the Fourth Year of Her Majesty, intituled An Act for abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases, for extending the Remedies of Creditors against the Property of Debtors, and for the further Amendment of the Law and the better Administration of Justice in Ireland, as relate to Arrest on Mesne Process in certain Cases. Days for appearing to run in Vacation as well as in Term. V. And be it enacted, That the Mode of Appearance to Mode of Apevery such Writ or under the Authority of this Act shall be by pearance. delivering to the proper Officer, at the Writ and Appearance Office herein-after mentioned at the Four Courts in Dublin, a Requisition or Docket according to the Form in the said Schedule marked No. 2., such Requisition or Docket to be dated on the Day of the Delivery thereof, and to be entered by the Officer in the Appearance Book, and filed and kept by him. VI. And be it enacted, That the Days for appearing to all such Writs of Summons shall run in all Cases as well in Vacation as in Term Time; and if the last of the Eight Days after the Service of any such Writ of Summons, inclusive of the Day Provision as to of Service, shall in any Case happen to fall on any of the Days Holidays. hereby appointed to be observed and kept as Holidays, in such Case the following Day, or, when there shall be consecutive Holidays, the Day following the last of such Holidays, shall be considered as the last of such Eight Days; and if any such Writ shall be served on any Day between the First Day of August and the Twentieth Day of October in any Year, an Appearance may be entered by the Defendant, or by the Plaintiff for the Defendant, in the usual Way, but no Declaration or Pleading after Declaration shall be filed or Rule entered thereon between the said First Day of August and Twentieth Day of October. VII. And be it enacted, That if any Defendant in any such In default of Writ, being personally served therewith, shall not appear in Appearance, on due Time after Service thereof according to the Exigency being proved, personal Service thereof, in such Case it shall and may be lawful for the Plain- Plaintiff may tiff or Plaintiffs, upon Affidavit being duly made before the enter Appearproper Officer, and filed in the Writ and Appearance Office, of ance, the personal Service of such Writ at the Place and on the Day endorsed thereon, to enter an Appearance for such Defendant within such Time as may be directed and limited by any General Order of the Judges to be made as herein-after provided, and to proceed thereon as if such Defendant had entered his or her Appearance, any Law or Usage to the contrary notwithstanding. VIII. And Mode of Service in Cases against Corporations, &c. Courts may direct Substitu tion of Service. VIII. And be it enacted, That every such Writ of Summons issued against a Corporation aggregate may be served personally upon the Mayor or other head Officer, or on the Town Clerk, Clerk, Treasurer, or Secretary of such Corporation; and every such Writ issued against the Inhabitants of a Barony, Half Barony, or other like District may be served personally on the acting High Constable thereof, or any One of the acting High Constables thereof; and every such Writ issued against the Inhabitants of any County or any City or Town, or the Inhabitants of any Franchise, Liberty, City, Town, or Place, not being Part of a Barony or other like District, may be served personally on some Peace Officer or other known and responsible Officer thereof; and every such Writ issued against any other incorporated Body having a known and responsible Officer or Agent may be served personally on such Officer or Agent; and if any such Defendants shall not appear according to the Exigency of such Writ in due Time after such Service thereof as herein authorized, in such Case, upon Affidavit made as herein-before provided of such personal Service of such Writ, and of the Publication of the Notice herein-after provided, it shall and may be lawful for the Plaintiff to enter an Appearance for such Defendants, and to proceed thereon as if such Defendants had entered their Appearance, any Law or Usage to the contrary notwithstanding: Provided always, that in all such Cases a sufficient Notice of the issuing of the Writ shall be given in the Dublin Gazette, and in One of the local Newspapers of the County, City, or District in which the Defendant or Defendants, or the Officer or Agent to be served, shall reside; the Days for Appearance to run in such Cases from the Day of the Publication of such Notice in Gazette or Newspaper, whichever shall be the latest. IX. And be it enacted, That in case it shall be made appear by Affidavit to the Satisfaction of the Court in which the Appearance to the Process should be made, or in Vacation of any Judge of either of the said Courts, that any Defendant has not been personally served with any Writ of Summons, and has not according to the Exigency thereof appeared to the Action, and that due and proper Means were used to serve such Writ, or that such Defendant resides out of the Jurisdiction of the Court, and can be properly served through or upon any Agent or Representative or any Manager of the Real or Personal Estate of such Defendant within such Jurisdiction, or has removed to avoid Service, or on any other good and sufficient Grounds, it shall be lawful for such Court or Judge to authorize such Substitution of Service through the Post Office, or in such Manner, and with such Extension of Time for Service and Appearance, as to them or him shall seem fit; and upon due Proof of such substituted Service by Affidavit it shall and may be lawful for the Plaintiff, in default of Appearance by such Defendant in due Time, to enter an Appearance for such Defendant, and to proceed thereon as if such Defendant had entered his, her, or their Appearance, any Usage or Law to the contrary notwithstanding. X. And be it enacted, That from and after the First Day of This Act shall January One thousand eight hundred and fifty-one this Act extend to Acshall extend to and include all Actions of Replevin and Eject- vin and Ejecttions of Replement in the Superior Courts of Common Law, and that the ment. Commencement of all such Actions shall be by such Writ of Summons as herein-before set forth, and that all the Powers, Provisions, Regulations, and Directions herein contained with reference to Service, Substitution of Service, the Mode of Appearance, and Means of compelling Appearance, shall be and be deemed and construed as applicable to such Actions of Replevin and Ejectment, any Law or Usage to the contrary notwithstanding, subject however to the further Provisions herein-after contained. any commenced by XI. And be it enacted, That from and after the said First Action of ReDay of January One thousand eight hundred and fifty-one, where plevin to be any Party whose Goods or Chattels have been distrained shall Writ of Sumdispute the Validity of such Distress, and shall be desirous of mons. proceeding by Replevin in any of the said Superior Courts, such Party shall commence any Action for the Recovery of the Goods or Chattels so distrained by a Writ of Summons, such as hereinbefore provided, which Writ of Summons shall, in addition to Particulars to Particulars herein-before required, state the Particulars of be stated in the Property distrained, and the Place where such Distress shall have been made, and which Writ shall and may be served by delivering a Copy or Copies thereof to the Defendant or Defendants, or to any Agent or other Person acting for him or them in making such Distress, or in keeping the Goods and Chattels so distrained; and the said Superior Courts of Common Law, and each of them, are and is hereby authorized and empowered and declared to have Authority, Power, and competent Jurisdiction to entertain and determine such Suits. Writ. Service of Writ. Plaintiff in such out of the same Court a Writ of Replevin. XII. And be it enacted, That when any such Action shall have been so commenced, it shall be lawful for the Plaintiff therein to sue out of the Court in which such Action shall be instituted a Writ, to be called a Writ of Replevin, directed to the Sheriff of the County in which such Goods and Chattels shall be under Distress, requiring him to replevy the said Goods and Chattels; and the said Superior Courts of Common Law, Form of Writ and each of them, are and is hereby authorized to issue such to be settled by Judges. Writ of Replevin, which shall be in such Form as the Judges shall order and direct, by a General Order to be made as hereinafter required for the Regulation of the Practice of the said Courts, and shall be instead of and have the same Force and Effect as any Writs for such Purpose heretofore in use; and the said Sheriff shall and he is hereby required, upon good Security given, to execute (by the Bond of the Plaintiff and Two responsible Persons as and return Sureties conditioned as usual in such Cases) being given to him Writ within in double the Amount of the Value of the Property distrained, Eight Days. to execute such Writ, and to return the said Writ, with a correct and proper Statement endorsed thereon of the Manner Sheriff, upon Security being Value of Property to be ascertained as heretofore; in which the same shall have been executed, or the Cause why the same has not been executed, to the Court out of which the same shall have issued, within Eight Days, exclusive of any Days hereby appointed to be observed and kept as Holidays, next after such Writ shall have been delivered to him: Provided always, that the Value of the Property so distrained shall be ascertained by the said Sheriff in like Manner as the Value of Goods distrained is now ascertained by Law by the Sheriff in and Bail Bond taking Security in Replevins; and that the said Bonds shall be to be assignable. assignable by the Sheriff under like Circumstances and in like Manner, and shall be available to the Assignee thereof, as by Law now authorized and directed with reference to Bail Bonds in Replevin, subject however to such Regulations as the Judges shall as aforesaid order and direct. Provision for Removal of Refrom Inferior to plevin Suits Superior Writs to be in such Form as Judges shall direct. Action of Ejectment shall be commenced by Writ of Sum mons. XIII. And be it enacted, That where Proceedings in Replevin shall have been instituted in any Court of inferior Jurisdiction, it shall be lawful for either Party to remove the same into one of the said Superior Courts of Common Law as heretofore: Provided always, that the Writs for the Removal of any such Proceedings shall issue out of the Consolidated Writ Office of the said Superior Courts of Common Law, instead of the Writ Office of the Court of Chancery; and the said Superior Courts of Common Law and each of them are and is hereby authorized and empowered and declared to have Authority, Power, and competent Jurisdiction to issue Writs for such Purpose, and to entertain and determine the Suits so removed, and to enforce Obedience to all Writs by this Act authorized, as fully as in the Case of any other Writs now issued by the said Courts. XIV. And be it enacted, That the Writs for such Removal of Proceedings in Replevin shall be according to such Form as the Judges of the said Superior Courts of Common Law shall, by any General Order to be made as herein-after provided, direct, and shall be instead of and have the same Force and Effect as any Writs for such Purpose heretofore in use, and shall, by the Clerk of the Writs, at the Time of sealing thereof, be assigned, entered, and issued in Rotation for the said Courts, that is to say, the First for the Queen's Bench, the Second for the Common Pleas, and the Third for the Exchequer, and so on in continuous Rotation for the several Courts, so as to produce and keep up an equal Distribution of such Writs; and all subsequent Proceedings in any Suit so removed shall be had and taken in the Court to which the said Writ shall be in the course of Rotation allotted, and shall be the Business of the said Court and the Offices thereof. XV. And be it enacted, That from and after the First Day of January One thousand eight hundred and fifty-one, where any Party shall claim Possession of any Lands, Tenements, or Hereditaments, and shall be desirous of proceeding by Ejectment for the Recovery of the same in any of the said Superior Courts, such Party shall commence any Action for such Purpose by a Writ of Summons, such as herein-before pro |