exchange [or promissory note] is brought under the "Summary Procedure on Bills of Exchange (Ireland) Act, 1861;" and that unless within twelve days from the service hereof he shall obtain leave from one of the Judges of the superior Courts of Common Law in Dublin to appear and defend the action, and shall within that time file his appearance and defence, the plaintiff [John James] will be entitled, without any further notice whatever, to issue execution against him for the sum of pounds [here state the sum claimed], and the costs of this action.

Leave to appear may be obtained on an application to any of the Judges, supported by affidavit, showing that there is a defence to the action on the merits, or that it is reasonable that the defendant should be allowed to appear and defend the action, or by lodging the amount claimed in Court.

25 VICT., CHAP. XXIII.

An Act to Amend "The Summary Procedure on Bills of Exchange (Ireland) Act, 1861.”

[3rd June, 1862.]

Whereas it is, amongst other things, enacted by the sixth section of "The Summary Procedure on Bills of Exchange (Ireland) 24 & 25 Act, 1861," that the provisions of "The Common Law Procedure Vict. c. 43. Amendment (Ireland) Act, 1853," shall, as far as the same are or may be made applicable, extend and apply to all proceedings to be had or taken under the said "Summary Procedure on Bills of Exchange (Ireland) Act, 1861," and it is expedient to amend the said sixth section as herein-after provided: be it 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, as follows:

I. In all actions upon bills of exchange or promissory notes In actions commenced pursuant to the provisions of "The Summary Proce- upon bills of dure on Bills of Exchange (Ireland) Act, 1861," the days for ap- promissory exchange or pearing and filing a defence to the writ of summons and plaint notes, the shall run in vacation as well as in term time, without excepting appearing the days from the first day of August to the twentieth day of and filing a October inclusive, notwithstanding the provisions of "The Com- defence to mon Law Procedure (Ireland) Act, 1853.”

days for

run in vaca

tion.

The days from 1st

August to 20th October, to be reckoned

days within

which sum

mons, &c. should be filed.

This and re

cited Act to be as one.

Short title.

II. In all such actions the days from and including the first day of August to the twentieth day of October inclusive in each year shall be reckoned days within which the summons and plaint and defence should be filed, and on such days such summons and plaint, or defence, shall be filed and received, notwithstanding the provisions of "The Common Law Procedure (Ireland) Act, 1853."

III. This act and "The Summary Procedure on Bills of Exchange (Ireland) Act, 1861," shall be incorporated and constructed together as one act.

IV. This act may be cited for all purposes as "The Summary Procedure on Bills of Exchange (Ireland) Act, 1862."

c. 93.

27 & 28 VICT., CHAP. XCV.

An Act to Amend the Act ninth and tenth Victoria, Chapter ninetythree, for compensating the Families of Persons killed by Acci

dent.

[29th July, 1864.]

Whereas by an act passed in the session of parliament holden in the ninth and tenth years of Her Majesty's reign, intituled An 9 & 10 Vict. Act for Compensating the Families of Persons Killed by Accident, it is amongst other things provided, that every such action as therein mentioned shall be for the benefit of the wife, husband, parent, and child of the person whose death shall have been so caused as therein mentioned, and shall be brought by and in the name of the executor or administrator of the person deceased: and whereas it may happen by reason of the inability or default of any person to obtain probate of the will or letters of administration of the personal estate and effects of the person deceased, or by reason of the unwillingness or neglect of the executor or administrator of the person deceased to bring such action as aforesaid, that the person or persons entitled to the benefit of the said act may be deprived thereof; and it is expedient to amend and extend the said act as herein-after mentioned: 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, as follows:

Where no

action brought

I. If and so often as it shall happen at any time or times hereafter in any of the cases intended and provided for by the said act

tion may be

that there shall be no executor or adminstrator of the person de- within six months by, ceased, or that there being such executor or administrator no such executor of action as in the said act mentioned shall within six calendar person kilmonths after the death of such deceased person as therein men- led, then ne tioned have been brought by and in the name of his or her execu- brought by tor or administrator, then and in every such case such action may persons beneficially inbe brought by and in the name or names of all or any of the persons terested in (if more than one) for whose benefit such action would have been, result of acif it had been brought by and in the name of such executor or administrator; and every action so to be brought shall be for the benefit of the same person or persons, and shall be subject to the same regulations and procedure as nearly as may be, as if it were brought by and in the name of such executor or administrator.

tion.

into Court

may be paid

gard to its

II. And whereas by the second section of the said act it is pro- Money paid vided that the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties in one sum, respectively for whom and whose benefit such action shall be without rebrought, and the amount so recovered, after deducting the costs division into not recovered from the defendant, shall be divided between the shares. before-mentioned parties in such shares as the jury shall by their verdict direct be it enacted and declared, that it shall be sufficient, if the defendant is advised to pay money into Court, that he pay it as a compensation in one sum to all persons entitled under the said act for his wrongful act, neglect, or default, without specifying the shares into which it is to be divided by the jury: If not accepand if the said sum be not accepted, and an issue is taken by the entitled to plaintiff as to its sufficiency, and the jury shall think the same verdict on sufficient, the defendant shall be entitled to the verdict upon that

issue.

ted defendant

the issue.

III. This act and the said act shall be read together as one act. This and re

cited Act to be read as one.

27 & 28 VICT., CHAP. XCIX.

An act to amend the procedure of the Civil Bill Courts in Ireland.

[29th July, 1864.]

order writ

IX. If a Judge of a superior Court shall be satisfied that a Judge may party against whom judgment for an amount exceeding twenty of certiorari pounds, exclusive of costs, has been obtained in a Civil Bill Court, to remove has no goods or chattels which can be conveniently taken to sa- judgment tisfy such judgment, he may, if he shall think fit, and on such Court into terms as to costs as he may direct, order a writ of certiorari to Superior

of Civil Bill

Court.

Judge of assize may

opinion of

superior Courts.

issue to remove the judgment of the Civil Bill Court into one of the superior Courts, and when removed it shall have the same force and effect and the same proceedings may be had thereon as in the case of a judgment of such superior Court, but no action shall be brought upon such judgment.

XXXV. It shall be lawful for any Judge of assize, upon the state case for trial of any appeal, to direct a special case to be stated for the. opinion of a superior Court of Common Law in Ireland in case any question of law shall arise before him on the trial of any appeal which in his judgment may be proper to be decided by a superior Court of Common Law, and the case when stated shall be signed by the Judge, and the appellant shall lodge the case, and take all other necessary steps to have the case set down for hearing before one of the said superior Courts of Common Law within such time as any general rule to be made as herein-after provided shall require, and in default of his so doing the decree shall stand affirmed with costs, unless on special application the Judge shall otherwise order.

Courts of Common Law shall finally hear and deter

mine such cases.

Special case may be amended.

Judges to

make rules.

Cost of special case.

XXXVI. The several superior Courts of Common Law in Ireland are hereby empowered to hear and determine such special cases when submitted to them, and for that purpose they shall severally have and exercise all the powers vested by this or any other act in the Judge of assize in respect of said cases, and on said cases the decision made by any superior Court of Common Law shall be final and conclusive.

XXXVII. Any superior Court of Common Law before whom any case may be pending may direct said case to be amended by consent of the parties, or on the certificate of the Judge who signed said case.

XXXVIII. The Judges of the Queen's Bench in Ireland shall, as soon as may be convenient after the passing of this act, make rules and regulations, and may from time to time alter and amend said rules and regulations, for the hearing and disposal of all such special cases as may be stated by a Judge of assize for the decision of a superior Court of Common Law, and for regulating the costs of said proceedings, and for directing when and where such cases shall be lodged, and for providing that all such cases shall be distributed in rotation among the three superior Courts of Common Law in Ireland.

See the rules and regulations made in pursuance of the Act, ante, p. lxxv.

XXXIX. In addition to any costs now by law recoverable from any unsuccessful party on an appeal, it shall be lawful to recover from such party such additional costs as may be awarded by the Court by whom the special case shall be decided, not exceeding in any case the costs to be fixed by any general rule as aforesaid.

31 & 32 VICT., CHAP. LIV.

An Act to render Judgments or Decreets obtained in certain Courts in England, Scotland, and Ireland respectively, effectual in any other part of the United Kingdom.

[13th July, 1868.]

Be it 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 as follows:

Where

obtained in

certificate

vice versa.

so regis

I. Where judgment shall hereafter be obtained or entered up judgment in any of the Courts of Queen's Bench, Common Pleas, or Exche- has been quer, at Westminster or Dublin respectively for any debt, damages, the Courts or costs, on production to the Master of the Court of Common at WestminPleas at Dublin where such judgment shali have been obtained ster, a or entered up in any of the said Courts in England, or to the thereof Senior Master of the court of Common Pleas at Westminster, registered in where such judgment shall have been obtained or entered up in Ireland, and any of the said courts in Ireland, of a certificate of such judg- shall have ment in one of the forms contained in the schedule hereto an- the effect of a judgment nexed as the case may be, purporting to be signed by the proper of the officer of the court where such judgment has been obtained or Court in entered up, such certificate shall be registered by such Master in which it is a register to be kept in the Court of Common Pleas at Dublin and tered." at Westminster respectively for that purpose, and to be called in the Court of Common Pleas at Dublin "The Register for English Judgments," and to be called in the Court of Common Pleas at Westminster "The Register for Irish Judgments," and shall from the date of such registration be of the same force and effect, and all proceedings shall and may be had and taken on such certificate, as if the judgment of which it is a certificate had been a judgment originally obtained or entered up on the date of such registration as aforesaid in the Court in which it is so registered, and all the reasonable costs and charges attendant upon the obtaining and registering such certificate shall be recovered in like manner as if the same were part of the original judgment; provided always, that no certificate of any such judgment shall be registered as aforesaid more than twelve months after the date of such judgment, unless application shall have been first made to and leave obtained from the Court or a Judge of the Court in which it is sought to register such certificate.

Where a certificate of an English judgment had been entered in the Court of Common Pleas, pursuant to the present statute, on motion to set aside the judgment entered, on the ground that the English judgment on which the certificate was founded was irregularly entered up as a final