SCHEDULE TO WHICH THIS ACT REFERS.

No. 1.

MEMORANDUM to be subscribed to a WRIT of SUMMONS where a Defendant is sued under the Provisions of this Act jointly with Defendants residing within the Jurisdiction.

N.B.-You are sued in this Action jointly with A. B. of

[here insert the Place of Residence or supposed Residence of the Co-defendant, or wherein the Co-defendant shall be or shall be supposed to be.]

No. 2.

FORM of entering an APPEARANCE for the Defendant by the Plaintiff.

(Ireland.)

A

BILL,

INTITULED,

AN ACT to authorize, in certain Cases, the Service of Process issuing out of Her Majesty's Courts of Common Law in Ireland on Persons resident out of the Jurisdiction of the said Courts.

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W

1.

Court or

Judge to have power to di. rect Service of Process on

previ Persons resithe Jurisdic

dent out of

HEREAS the means of recovering Judgment against any Preamble. person resident out of the Jurisdiction of Her Majesty's Superior Courts of Common Law in Ireland are tedious, expensive, and in most cases impossible; and it is expedient to simplify and improve 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 where any person against whom any right of action shall exist shall be resident out of the jurisdiction of the said Courts, whether within the Dominions of Her Majesty, Her heirs and successors, or otherwise, in case it shall be made to appear by affidavit to the satisfaction of the Court out of which any process against such person is proposed to be issued, or to any Judge of the said Court, that the cause of action in respect of which the said process is about to issue hath arisen within Ireland, and that such person was domiciled in Ireland when such cause of action arose, and that such person is a subject of the United Kingdom of Great Britain and Ireland, and has been for Six calendar Months at the least next before the making of such 20 affidavit resident out of the jurisdiction of the said Court, and also in what place or country such person is resident or may probably be found, then and in any such case it shall be lawful for the said Court or Judge (if the said Court or Judge shall think fit so to do) to order

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tion of the Courts.

2.

Court, &c. to order within

what period Defendant shall appear

and allow that service of the said process may be effected upon such person at such place or within such limits as to the said Court or Judge shall seem fit, notwithstanding that such place or such limits may be out of the jurisdiction of the said Court.

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And be it Enacted, That the said Court or Judge shall, in and by any order to be made as hereinbefore directed, specify and direct for what period the said process shall remain and be in force, and and plead, &c. within what period from the time of the service of the said process upon the Defendant, the Defendant shall be bound to appear to the said process; and in the event of the Defendant not appearing to the 10 said process, and of the Plaintiff appearing for the Defendant, in manner hereinafter mentioned, within what time from the filing by the Plaintiff of the declaration in the said action, as hereinafter also mentioned, the Defendant shall be bound to plead to the said action.

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And be it Enacted, That the process in the said action, whether the action be brought by or against any person entitled to the privilege of Peerage or Parliament, or of the Court wherein such action. shall be brought, or of any other Court, or to any other privilege, or by or against any other person, shall be according to the Form contained in the Schedule to this Act annexed, marked (No. 1.), and shall be called a Writ of Summons, and shall contain and have endorsed upon it the memorandum in said Schedule specified; and in every such Writ and copy thereof the place of residence or the supposed place of residence of the party Defendant, and the place of his 25 former residence in Ireland, if formerly resident in Ireland, shall be stated; and such Writ shall be issued and signed by the proper officer of the said Court; and every such Writ shall be served in such manner as is now necessary for service of Writ of Capias ad respondendum in Ireland, or in such other mode as said Court may by their 30

order direct.

And be it Enacted, That in the body of the said process shall be inserted such time as to the said Court or Judge shall seem fit for the appearance of the Defendant, and in the memorandum endorsed on the said process shall be inserted such time as to the said Court or 35 Judge shall seem fit; and such process shall remain in force for such time only as the said Court or Judge shall in manner hereinbefore mentioned direct, any law or practice to the contrary thereof in anywise notwithstanding: Provided also, That if any Defendant named in such process shall not have been served therewith, it shall and may 40 be lawful for the said Court or Judge, upon application ex parte by or on behalf of the Plaintiff or Plaintiffs in such action, to order (if the said Court or Judge shall think fit so to do) that such process be

continued

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continued by Alias and Pluries, as the case may require: Provided further, That no such process shall be continued by Alias or Pluries, except by such leave as aforesaid.

5.

cases in which a Co-defendant shall be resident

Jurisdiction.

Provided always, and be it Enacted, That where any person or per- Proviso for sons, being resident out of the Jurisdiction of the said Courts, shall be sued under the provisions of this Act jointly with any other person or persons who shall be resident within such jurisdiction, it shall and within the may be lawful for the Plaintiff or Plaintiffs in such action to sue out against the person or persons being so resident within the Jurisdiction 10 of the said Courts a Writ of Capias ad respondendum in the form now in use, which last-mentioned writ shall be tested on the same day as any Writ of Summons to be issued under the provisions of this Act, as herein before mentioned, and shall contain the name or names of such person or persons only as shall be resident within the Jurisdiction 15 of the said Courts: Provided always, That in every such case there shall be subscribed to any such last-mentioned Writ of Capias ad respondendum, and also to any Writ of Summons issued under the provisions of this Act against any Defendant resident out of the Jurisdiction of the said Courts, a memorandum in the form contained in 20 the Schedule to this Act annexed, marked (No. 2.): Provided also, That all subsequent proceedings against the parties so resident within the jurisdiction of the said Courts shall be the same to all intents and purposes as if the person so residing out of the said jurisdiction were resident within the same: Provided also, That it shall and may be lawful for the Court out of which the said Writ shall issue, or for any Judge thereof, upon the application of the Plaintiff or Plaintiffs in such action, to enlarge the time within which the Plaintiff or Plaintiffs shall be by law bound to declare or take any other step or proceeding in the said action against the said Defendant or Defendants resident within the jurisdiction of the said Court, if the said Court or Judge shall think the same reasonable by reason of one or more of the Defendants in such action being resident out of the said jurisdiction.

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And be it Enacted, That where service of any process shall be effected under the powers contained in this Act, the Plaintiff or Plain35 tiffs in such action shall, at the time of the service of the said process, leave or cause to be left with the Defendant in person, or as the said Court may direct, as aforesaid, so resident out of the said jurisdiction, as aforesaid, a true and correct copy of the said order of the said Court or Judge for the issuing of the said original process so 40 to be made as hereinbefore mentioned, and also if such process shall be an Alias or Pluries Writ, a true and correct copy of the order of the Court or Judge authorizing the issuing of the said Alias or Pluries Writ, and also a notice in writing, signed by the Plaintiff or Plaintiffs