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12 & 13 Vict.

c. 26. § 3. repealed.

When Acceptance of Rent

to be deemed a Confirmation.

firmation.

Authority of the same, That so much of the said first-recited Act as enacts that the Acceptance of Rent under any such invalid Lease as therein mentioned shall, as against the Person accepting the same, be deemed a Confirmation of such Lease, shall be repealed.

II. And be it enacted, That where, upon or before the Acceptance of Rent under any such invalid Lease, as in the said first recited Act mentioned, any Receipt, Memorandum, or Note in Writing, confirming such Lease, is signed by the Person accepting such Rent, or some other Person by him thereunto lawfully authorized, such Acceptance shall, as against the Person so accepting such Rent, be deemed a Confirmation of such Lease.

Where Rever- III. And be it enacted, That where during the Continuance of sioner is able the Possession taken under any such invalid Lease, as in the said and willing to first-recited Act mentioned, the Person for the Time being entitled confirm, Lessee to accept Con- (subject to such Possession as aforesaid) to the Hereditaments comprised in such Lease, or to the Possession or the Receipt of the Rents and Profits thereof, is able to confirm such Lease without Variation, the Lessee, his Heirs, Executors, or Administrators, (as the Case may require,) or any Person who would have been bound by the Lease if the same had been valid, shall, upon the Request of the Person so able to confirm the same, be bound to accept a Confirmation accordingly; and such Confirmation may be by Memorandum or Note in Writing, signed by the Persons confirming and accepting respectively, or by some other Persons by them respectively thereunto lawfully authorized; and after Confirmation and Acceptance of Confirmation such Lease shall be valid, and shall be deemed to have had from the granting thereof the same Effect as if the same had been originally valid.

Act may be amended, &c.

Process for Commencement of Personal Actions shall be accord

ing to Form in

Schedule, and be called Writ

of Summons.

IV. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

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CA P. XVIII.

An Act for the Regulation of Process and Practice in the
Superior Courts of Common Law in Ireland.

WE

[31st May 1850.]

HEREAS the Process now in use for the Commencement of Personal Actions in Her Majesty's Superior Courts of • Common Law in Ireland is, by reason of its Variety, Multiplicity, and Fiction, inconvenient and objectionable, and it is expedient for the better Administration of Justice to establish 'Uniformity of Process and Practice in the said Courts: 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 from and after the last Day of Trinity Term next after the passing of this Act the Process for Commencement of all such Actions, except Actions of Replevin and Ejectment, whether the Action be brought by or against any Person entitled to the Privilege of Peerage or of Parliament, or of the Court wherein such Action shall be brought, or of any other Court, as Attorney thereof, or otherwise, or to any other Privilege, or by or against any Corporation or incorporated Body

or

or Company, 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 which shall be called a Writ of Summons, and shall bear Date of the Day on which it shall be issued, and be tested by the Common Seal of the said Superior Courts, to be provided as herein-after mentioned, and to be thereunto set by the Clerk of the Writs, Appearances, and Seal, who shall not be required to sign such Writ, but shall enter the Particulars thereof in the Book to be kept for that Purpose, at the Time of sealing thereof.

Writ.

II. And be it enacted, That in every such Writ and Copy Residence and thereof the Place of Residence of the Party Plaintiff and the Description of Place of Residence, or supposed Residence, or last known Resi- Parties to be dence of the Party Defendant, and the usual Designation or De- mentioned in scription of such Parties respectively, or such Designation or Description as the Plaintiff or his Attorney may be able to give, shall be mentioned; and every such Writ may be sued out at any Writ may be Time notwithstanding any Privilege, and may be served personally served anyin any Place in which the Defendant or Defendants may be found, where, and rewithin the Jurisdiction of the Court, and the Person serving the main in force 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.

Four Months.

or technical

III. And be it enacted, That no Writ of Summons issued No Writ of under the Authority of this Act shall be treated or considered as Summons to be invalid on account of any verbal or technical Error or Omission in invalid on acthe same; and it shall be lawful for the said Superior Courts of count of verbal Law respectively, or any Judge or Baron thereof, to decide and Error or Omisdetermine what is a verbal or technical Error or Omission in any sion. 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.

IV. Provided always, and be it enacted, That nothing in this Act not to Act shall interfere with or affect such of the Provisions of an Act affect 3 & 4 Vict. of the Fourth Year of Her Majesty, intituled An Act for abolishing c. 105. 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.

V. And be it enacted, That the Mode of Appearance to every Mode of Apsuch Writ or under the Authority of this Act shall be by delivering pearance. to the proper Officer, at the Writ and Appearance Office hereinafter 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 Čases as well in Vacation as in Term Time; and if the last of the Eight Days after the Service

of

Days for ap pearing to run in Vacation as well as in Term.

of any such Writ of Summons, inclusive of the Day of Service, shall in any Case happen to fall on any of the Days hereby apProvision as to pointed to be observed and kept as Holidays, in such Case the Holidays. 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.

In default of

Appearance, on personal Service being proved, Plaintiff may enter Appear

ance.

Mode of Service in Cases against Corporations, &c.

VII. And be it enacted, That if any Defendant in any such Writ, being personally served therewith, shall not appear in due Time after Service thereof according to the Exigency thereof, in such Case it shall and may be lawful for the Plaintiff or Plaintiffs, upon Affidavit being duly made before the proper Officer, and filed in the Writ and Appearance Office, of 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 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

IX. And be it enacted, That in case it shall be made appear Courts may diby Affidavit to the Satisfaction of the Court in which the Appear- rect Substituance to the Process should be made, or in Vacation of any Judge tion of Service. 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.

ment.

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 shall extend to Acextend to and include all Actions of Replevin and Ejectment in tions of Replethe Superior Courts of Common Law, and that the Commencement vin and Ejectof all such Actions shall be by such Writ of Summons as hereinbefore 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.

mons.

XI. And be it enacted, That from and after the said First Action of ReDay of January One thousand eight hundred and fifty-one, plevin to be where any Party whose Goods or Chattels have been distrained commenced by shall dispute the Validity of such Distress, and shall be desirous Writ of Sumof 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 herein-before provided, which Writ of Summons shall, in addition Particulars to to any Particulars herein before required, state the Particulars of be stated in the Property distrained, and the Place where such Distress shall Writ.

have been made, and which Writ shall and may be served by Service of Writ. 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.

out of the same

XII. And be it enacted, That when any such Action shall Plaintiff in such have been so commenced, it shall be lawful for the Plaintiff Action may sue therein to sue out of the Court in which such Action shall be Court a Writ 12 & 13 VICT. instituted of Replevin.

E

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, and each to be settled by of them, are and is hereby authorized to issue such Writ of ReJudges.

Form of Writ

Sheriff, upon Security being given, to execute

and return Writ within Eight Days.

plevin, which shall be in such Form as the Judges shall order and direct, by a General Order to be made as herein-after 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 (by the Bond of the Plaintiff and Two responsible Persons as Sureties conditioned as usual in such Cases) being given to him in double the Amount of the Value of the Property distrained, to execute such Writ, and to return the said Writ, with a correct and proper Statement endorsed thereon of the Manner 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 taking Security in Replevins; and that to be assignable. the said Bonds shall be 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.

Value of Property to be ascertained as heretofore;

and Bail Bond

Provision for

Removal of Re-
plevin Suits
from Inferior to
Superior
Courts.

Writs to be in such Form as Judges shall direct.

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

13

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