SCHEDULES

REFERRED TO IN THE FOREGOING ACT.

SCHEDULE (No. 1.)

A. B.-TAKE Notice, That you are hereby cited to compear by yourself or by an Agent of Court on your behalf before the Lords of Council and Session at Edinburgh on the Sixteenth [or, as the case may be,] day next after the date of this Notice, at the hour of cause, to answer in the matter and under the certification set forth in the Summons, of which a copy is hereto prefixed, raised at the instance of C. D., therein designed, against you. This I do on the

day of

Signed E. F. [designation of person making the service.]

IN presence

of me

SCHEDULE (No. 2.)

appeared E. F., of [designation of

deponent], who being solemnly sworn, maketh oath and saith, That on the

day of

at

this deponent served upon A. B. [designation], by leaving with him in person a copy of a Summons bearing to be dated the and signeted the

raised at the instance of C. D., therein designed [give the designation of the Pursuer as in the Summons], against the said A. B. therein designed [give the designation of the Defender as in the Summons], which copy was signed by G. H., as agent for the Pursuer in the said action, and had annexed to it a Notice bearing the date first above mentioned, and signed by this deponent, notifying to the said Defender that he was thereby cited to appear before the Lords of Council and Session at Edinburgh on the Sixteenth [or, as the case may be,] day next after the date of said Notice, to answer in the matter and under the certification set forth in the said Summons.

Sworn before me

at

this

A

BILL,

INTITULED,

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

5

HEREAS there are by law no means of recovering Judg- Preamble. ment against any person resident out of the Jurisdiction. of Her Majesty's Superior Courts of Common Law at Westminster, except by proceeding to outlawry against such person, or except by Writ of Distringas to compel an appearance:

And whereas the said means of recovering Judgment are unnecessarily tedious and expensive; and it is expedient to simplify and improve the same;

BE it therefore Enacted, by The QUEEN's most Excellent MA10 JESTY, 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 15 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 Writ of Summons 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 Writ is about to issue hath arisen 20 within the jurisdiction of such Court, and that such person was

domiciled in England when such cause of action arose, and that such person is a subject of Her Majesty, Her heirs or successors, and has been for Six calendar Months at the least next before the making

2.

Court, &c. to order within

what period Defendant shall appear and plead, &c.

3.

Form of Writ of Summons.

c. 39.

of such 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 and allow that service of the said Writ of Summons 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.

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 10 what period the said Writ of Summons shall remain and be in force, and within what period from the time of the service of the said Writ upon the Defendant the Defendant shall be bound to appear to the said Writ, and in the event of the Defendant not appearing to the said Writ, and of the Plaintiff appearing for the Defendant, in manner 15 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.

And be it Enacted, That the Writ of Summons in the said action shall be in the form prescribed by a Statute made and passed in the 20 second year of the reign of his late Majesty King WILLIAM the

30

2 & 3 Will. 4, Fourth, intituled, "An Act for Uniformity of Process in personal Actions in His Majesty's Courts of Law at Westminster," and shall contain and have indorsed upon it the several memoranda and indorsements which by the said recited Act or by any other Act, or 25 by the practice of the said Superior Courts of Law, are now or shall hereafter be required to be inserted in or indorsed upon any Writ of Summons issued under the provisions of the said recited Act, save and except that in lieu of the words " Eight Days" in the body of the said Writ shall be inserted such time as to the said Court or Judge shall seem fit, and that in lieu of the words "Four calendar Months" in the memorandum subscribed to the said Writ shall be inserted such time as to the said Court or Judge shall seem fit: ProProviso as to vided always, That such Writ shall remain in force for such time as the said Court or Judge shall in manner herein before mentioned direct, any law or practice to the contrary thereof in anywise notwithstanding: Provided also, That if auy Defendant named in such Writ of Summons shall not have been served therewith, it shall and may 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 Writ be continued by Alias and Pluries, as the case may require: Provided further, That no such Writ shall be continued by Alias or Pluries except by such leave as aforesaid.

duration of

Writ.

Provided

35

336

40

5

5

person

4.

cases in which a Co-defendant shall be resident with

diction.

Provided always, and be it Enacted, That where any person or Proviso for persons, being resident out of the jurisdiction of the said Courts, shall be sued under the provisions of this Act jointly with other any or persons who shall be resident within such jurisdiction, it shall and in the Jurismay be lawful for the Plaintiff or Plaintiffs in such action to sue out against the person or persons being so resident within the jurisdiction of the said Courts a Writ of Summons 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 herein10 before mentioned, and shall contain the name or names of such person or persons only as shall be resident within the jurisdiction of the said Courts: Provided always, That in every such case there shall be subscribed to any such last-mentioned Writ of Summons, and also to any Writ of Summons issued under the provisions of this Act 15 against any Defendant resident out of the jurisdiction of the said Courts, a memorandum in the form contained in the Schedule to this Act annexed, marked No. 1: 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 20 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 25 bound to declare or take any other step or proceeding in the said action

30

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.

And be it Enacted, That where service of any Writ or Summons shall be effected under the powers contained in this Act, the Plaintiff or Plaintiffs in such action shall at the time of the service of the said Writ leave or cause to be left with the Defendant in person so resident out of the said jurisdiction as aforesaid a true and correct 35 copy of the said order of the said Court or Judge for the issuing of the said original Writ of Summons so to be made as hereinbefore mentioned, and also if such Writ 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 40 writing, signed by the Plaintiff or Plaintiffs in such action, or by any one or more of them, or by his or their attorney in the said action, which said notice shall set forth the cause of action, and a full and correct particular of the demand of the Plaintiff or Plaintiffs in the said action in respect of which the said Plaintiff or Plaintiffs is or are proceeding, and shall notify to the Defendant that in the event of

5. Plaintiff, on to serve Copy serving Writ, of Judge's Order and

Notice of

Action.