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order that the whole or any Part of the Pleadings shall be transcribed upon the Roll, and the same shall be transcribed by the proper Officer.

must be deli

tain Cases, at

XLIV. And be it enacted, That from and after the Com- On filing any mencement of this Act, on the filing of any Pleading, Affidavit, Pleading, AffiDocument, or Proceeding in any of the Offices of the said davit, &c., Copy Courts or either of them, of which filing it shall be necessary vered with the to serve Notice, the Party filing the same shall cause to be Notice, and, served and delivered, together with the Notice thereof, a true except in cerCopy of such Pleading, Affidavit, Document, or Proceeding; tested Copy and it shall not be necessary for either Party to take out or pro- shall not be neduce in Court or before any Judge or Baron in Chamber an cessary. attested Copy of any Pleading, Affidavit, Document, or Proceeding, a Copy of which shall have been delivered, unless it shall happen that the Trial, Hearing, or Motion upon which the Copy of such Pleading, Affidavit, Document, or Proceeding shall be read or used shall be had or made at Assizes, or at any Place where immediate Reference cannot be had to the original Pleading, Affidavit, Document, or Proceeding on the File, in the event of the Accuracy of the delivered Copy being disputed; and all Paper Books for the Judges on Law Arguments, and Transcripts of Records for the Court of Error, shall be prepared and written or engrossed by the Attornies or Parties requiring them, under such Regulations as the Judges shall make in that Behalf by any General Order as herein-before provided.

XLV. And be it enacted, That any Expenses which the said Expenses certiJudges shall certify (as now required with reference to inci- fied as proper to be paid as dental Expenses) to have been necessarily or properly incurred Part of incidenin giving effect to the Provisions of this Act shall be charged tal Expenses. and paid in like Manner and as Part of the incidental Expenses of the said Courts.

davits in One

Courts;

XLVI. And be it enacted, That all Persons who shall at the Commissioners Commencement of this Act have been duly appointed as Com- for taking Affimissioners for taking Affidavits or Special Bail in and for any Court shall be one of the said Superior Courts of Common Law shall be Com- Commissioners missioners for, and they are hereby authorized to take Affidavits for all the Law or Special Bail in and for each of the said Courts; and the Administration of all Affidavits and all Bail Pieces taken by them or any of them by virtue hereof shall have the same Force and Effect to all Intents and Purposes as if the Commissioner administering or taking the same were duly appointed by Commission from each of the said Courts.

Court of

Queen's Bench..

XLVII. And be it enacted, That from and after the Com- and hereafter mencement of this Act no Commissioner for taking Affidavits or shall be appointed by Special Bail for the said Courts shall be appointed except by the Court of Queen's Bench; and that each and every Person appointed by the said Court as Commissioner for taking Affidavits or Special Bail shall be, by virtue of the Commission issued by the Court of Queen's Bench, a Commissioner duly authorized to all Intents and Purposes for taking Affidavits or

Special

As to Disqualification of Commissioners.

Commence

ment of Act.

Schedule to be
Part of this
Act.

Interpretation

of Act.

Act may be amended, &c.

13 VICT. Special Bail in and for all the Superior Courts of Common Law, with all the Powers and Privileges now by Law belonging to, or hereafter to belong to, Commissioners appointed to take Affidavits in and for the said Courts or either of them.

XLVIII. Provided always, and be it enacted, That any Person disqualified by the Order of either of the said Courts from acting as such Commissioner shall be thereupon disqualified from acting as such Commissioner for all the said Courts.

XLIX. And be it enacted, That, save where herein otherwise provided, this Act shall commence and take effect on the last Day of Trinity Term next after the passing hereof.

L. And be it enacted, That the Schedule to this Act annexed, and all Directions and Matters therein contained, shall be deemed and taken to be Part of this Act.

LI. And be it enacted, That in the Construction of this Act the Words "Judge or Judges" shall be taken to mean also Baron or Barons; and that the Words "Recorder, Chairman, Seneschal, or Steward" shall be taken to include any Deputy of the said Recorder, Chairman, Seneschal, or Steward; and that wherever the Word "County" is used herein it shall be taken to extend to and include, where necessary or consistent, any County of a City or County of a Town, or City and County of any Place, as the Case may be; and that the Words "Party and Person" shall extend to and include any Corporation or other public Body; and that any Words importing the Singular Number or the Masculine Gender only shall be understood to include several Matters as well as one Matter, and several Persons as well as one Person, and Females as well as Males, and Bodies Corporate as well as Individuals, unless it be otherwise provided, or there be something in the Subject or Context repugnant to such Construction.

LII. And be it enacted, That this Act may be amended or repealed in the present Session of Parliament.

SCHEDULE to which this Act refers.

No. 1.

Writ of Summons.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith.

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[Residence and Description, as the Case may be], greeting. We command you, that within Eight Days after the Service of this Writ on you, inclusive of the Day of such Service, you do cause The Name of an Appearance to be entered for you in Our Court of * Court to at Dublin in an Action [as the Case may be; if in Ejectment add of the the Words, "of Trespass and Ejectment for Nonpayment of Writs at the Rent," or on Title," as the Case may be, "to recover PossesTime of enter- sion of" describing the Lands and Premises,] at the Suit of

the

be inserted by

Clerk

ing and sealing.

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C.D.

C. D. of [Residence and Description, as the Case may be; in Ejectment add the Words, "and such other Person or Persons as may be necessary to support such Action"]; and take notice, that in default of your so doing the said C. D. may cause an Appearance to be entered for you, and proceed thereon to Judgment and Execution.

Witness the Seal of Our Superior Courts of Common Law hereunto set at Dublin, the

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Day of

Memorandum to be subscribed to the Writ before entering and

Issued by E.F.

Dublin.

sealing thereof.

of No. [the registered Residence]

Attorney for the said C.D.

In Cases where the Plaintiff sues in Person the Form shall be varied and signed accordingly.

Memorandum to be endorsed on the Writ before Service thereof. N.B.-This Writ is to be served within Four Calendar Months from the Date thereof, including the Day of such Date, and not afterwards. (And if the Action be for liquidated Damages) the Plaintiff claims £ for Debt and for Costs, and if the Amount thereof be paid to the Plaintiff or his Attorney within Eight Days from the Service hereof, further Proceedings will be stayed.

Memorandum to be endorsed on the Writ in Actions of Ejectment for Nonpayment of Rent before Service thereof.

The Plaintiff claims £

Rent up to the

being for

Day of

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Times at which the same accrued due being as follows, that is

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and if the Amount thereof Attorney, together with 18,

Attorney for the Plaintiff.

Endorsement to be made on the Writ after Service thereof.

This Writ was served by me X. Y. on A. B. therein described, personally, at in the County of the

Day of

18

(Signed)

on

N.B.-This Endorsement to be varied as may be necessary in Cases of Corporations, &c., or of substituted Service.

No.

A. B.

at the Suit of

C. D.

}

No. 2.

Form for entering Appearance.

Court of

Docket of Appearance.

The Defendant A.B. this Day appears to the
Writ of Summons [if in Ejectment or Replevin,

to be so stated here] in this Cause by

for the said

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Attorney

1850.

Dublin.

N.B.-In Cases of Default the Words "pursuant to Statute” to be inserted after the Word "appears;" and in Cases where the Defendant appears in Person the Form shall be varied and signed accordingly. In all Cases the Residence or registered Residence of the Defendant or Attorney appearing shall be stated in the Docket of Appearance.

13 Vict. c. 18.

The Words

"Trinity Term"

in recited Act

to mean Trinity Term, 1850.

Provision as to

Costs in Section 19. of recited Act to

apply only to Cases herein specified.

CAP. XIX.

An Act to explain and amend an Act for the Regulation of Process and Practice in the Superior Courts of Common Law in Ireland. [10th June 1850.]

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WHEREAS by an Act passed in the present Session of

Parliament, intituled An Act for the Regulation of Process and Practice in the Superior Courts of Common Law in • Ireland, it is enacted, that the said Act as to certain Provisions thereof shall commence and take effect from and after the last Day of Trinity Term next after the passing thereof; and it is expedient to prevent Doubts as to the Construction of the said Act in that respect:' Be it therefore enacted and declared by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Words "from and after the last Day of Trinity Term," in the said Act contained, shall be construed and taken to mean, and the said Words are hereby declared to mean, wherever used in the said Act, the last Day of Trinity Term One thousand eight hundred and fifty.

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II. And whereas it is by the said Act enacted, that in all Cases when Judgment shall be permitted to go by Default no Taxation of Costs shall take place therein, but the Officer ' of the Court in which Judgment shall be signed shall and he is thereby required to add to such Judgment the Sums in the said Act specified as and for the Plaintiff's Costs:' Be it enacted and declared, That the said Provision shall be construed and taken, and it is hereby declared to apply only to

Cases

Cases of Judgment by Default in personal Actions brought for the Recovery of liquidated Sums under Twenty Pounds.

III. And be it enacted, That this Act shall take effect from Commencement the passing thereof.

CAP. XX.

of Act.

An Act to amend an Act of the Fifth and Sixth Years of Her present Majesty, for the Appointment and Payment of Parish Constables. [10th June 1850.] WHEREAS an Act for the Appointment and Payment 5&6 Vict. of Parish Constables was passed in the Fifth and Sixth & 109. Years of Her present Majesty, and it is desirable to amend the same:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Provision in the Provisions in the said recited Act made in case of Vacancy charge of Parish by Death or Disqualification of any Constable during his Year Constables. of Office shall be extended to the Discharge of any Constable which shall take place under the Powers of the said recited Act.

case of Dis

II. And whereas it is by the said recited Act enacted, that Fees and Al' certain Fees and Allowances, to be settled by Justices in lowances. • General or Quarter Sessions assembled, shall be paid to Constables for the Service of Summonses and Execution of Warrants:' Be it enacted, That the said Fees and Allowances so settled by the Justices in General or Quarter Sessions, and approved by a Secretary of State, as in the said recited Act is required, shall in like Manner be paid to the said Constables for the Execution of any Order of a Justice made in Writing, or for the Performance of any occasional Duties, the same being sanctioned and allowed by Justices in Petty Session assembled.

in the Case of

III. And be it enacted, That in case of the Death or Resig- Justices to fill nation or Dismissal for Misconduct of any paid Constable at up Vacancies, any Time, it shall be lawful for the Justices of the Division in Death, ResigPetty Sessions assembled forthwith to appoint another paid nation, &c. of Constable, from and out of the List of Constables allowed by paid Constables. the said Justices at the Special Sessions last holden for the Appointment of Constables, at the same Rate of Salary as has been agreed by the Vestry in the Manner required by the said recited Act to be given to paid Constables.

IV. And whereas it is by the said recited Act enacted, that due Notice shall be given to Justices to hold Special Sessions for the Appointment of Parochial Constables, but it is not stated by whom such Notice shall be given:' Be it enacted, That such Notice shall be given by the Clerk or Clerks to the said Justices.

V. And whereas it is by the said recited Act enacted, that certain Persons therein named shall be freed and exempt from

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serving

Notices for holding Special Sessions for Appointment of Constables to be given by Clerks.

All Persons employed by Post

Office exempt

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