Commissioners 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 davits in One one of the said Superior Courts of Common Law shall be Com- Court shall be 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 Ad- Courts; ministration 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 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 apSpecial Bail for the said Courts shall be appointed except by the pointed by 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 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 As to Disdisqualified by the Order of either of the said Courts from acting qualification of as such Commissioner shall be thereupon disqualified from acting Commissioners. as such Commissioner for all the said Courts. XLIX. And be it enacted, That, save where herein otherwise Commenceprovided, this Act shall commence and take effect on the last Day ment of Act. of Trinity Term next after the passing hereof. L. And be it enacted, That the Schedule to this Act annexed, Schedule to be and all Directions and Matters therein contained, shall be deemed Part of Act. and taken to be Part of this Act. LL. And be it enacted, That in the Construction of this Act Interpretation the Words "Judge or Judges" shall be taken to mean also of Act. 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. LIL. And be it enacted, That this Act may be amended or Act may be repealed in the present Session of Parliament. amended, &c. SCHE 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. To A.B. * The Name of for you in Our Court of* Clerk of the Writs at the Case may be, of [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 an Appearance to be entered at Dublin in an Action [as the Court to the Case may be; if in Ejectment add the Words," of Trespass be inserted by and Ejectment for Nonpayment of Rent," or "on Title," as the to recover Possession of," describing the Lands and Premises,] at the Suit of 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 in the Year Time of enter ing and sealing. 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. same accrued due being as follows, that is to say, Day of Attorney for the Plaintiff. Endorsement 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 Day of 18 . (Signed) on the N.B.-This Endorsement to be varied as may be necessary in Cases of Corporations, &c., or of substituted Service. 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. CA P. XIX. An Act to explain and amend an Act for the Regulation of · WHEREAS by an Act passed in the present Session of Par liament, intituled An Act for the Regulation of Process 13 & 14 Vict. ' and Practice in the Superior Courts of Common Law in Ireland, c.18. '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 expe'dient 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. (a) See ante, Cap. 18. The Words "Trinity Term" in recited Act to mean Trinity Term 1850. II.' And Provision in Section 19. of recited Act to apply only to Cases herein specified. Commencement of Act. 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 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 the passing thereof. 5 & 6 Vict. c. 109. Provision in case of Dis- i charge of Parish Constables. Fees and Allowances. Justices to fill up Vacancies, in the Case of Death, Resignation, &c. of paid Constables. Notices for Appointment of Constables to be given by Clerks, CA P. XX. An Act to amend an Act of the Fifth and Sixth Years W HEREAS an Act for the Appointment and Payment of Parish Constables was passed in the Fifth and Sixth 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 the Provisions in the said recited Act made in case of Vacancy by Death or Disqualification of any Constable during his Year of Office shall be extended to the Discharge of any Constable which shall take place under the Powers of the said recited Act. II. And whereas it is by the said recited Act enacted, that 'certain Fees and Allowances, to be settled by Justices in 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. III. And be it enacted, That in case of the Death or Resignation or Dismissal for Misconduct of any paid Constable at any Time, it shall be lawful for the Justices of the Division in Petty Sessions assembled forthwith to appoint another paid Constable, from and out of the List of Constables allowed by 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 '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 Postmasters, 'certain Persons therein named shall be freed and exempt from &c. exempt from serving • serving the Office of Constable under the said Act:' Be it enacted, as Constables. That the said Exemption shall extend to all Postmasters and Persons employed in the Business of the Post Office. 5 & 6 Viet. c. 109. s. 23., as to Appointment of Con VI. And whereas it is by the said recited Act enacted, that whenever the Justices shall have provided a Lock-up House ' under this Act they shall also appoint a superintending Constable 'to have the Charge thereof, who shall have all the Powers and stable to take Immunities of a Parish Constable under this Act, and shall charge of Lock' have the Superintendence of all the Parish Constables appointed up Houses, rein such Parishes as shall be ordered by the said Justices, and pealed. ' under such Regulations as they shall make, and every such 'superintending Constable shall be entitled to hold his Office ' until dismissed by the Justices in General or Quarter Session 'assembled, and shall receive such Salary out of the County Rates as the Justices assembled as aforesaid shall order; and it is ex'pedient that the said Enactment should be repealed, and other 'Provisions made in lieu thereof:' Be it enacted, That the said SuperintenEnactment shall be repealed; and that it shall be lawful for the dents of ConJustices of the Peace of any County in General or Quarter Ses- stables to be appointed. sion assembled to appoint a superintending Constable for each or any Petty Sessional Division within the said County, who shall have all the Powers and Immunities of a Parish Constable under the said recited Act, and shall have the Superintendence of all the Parish Constables appointed in such Parishes as shall be ordered by the said Justices, and under such Regulations as they shall make, and shall perform such Duties as the said Justices shall require of him; and whenever the Justices assembled as aforesaid shall have provided a Lock-up House under the said recited Act, they shall also appoint a Constable to have the Charge thereof, who shall also have all the Powers and Immunities of a Parish Constable under the said recited Act; and every superintending Constable, and Constable so appointed to the Charge of a Lock-up House, shall be entitled to hold his Office until dismissed by the Justices in General or Quarter Sessions assembled, and shall receive such Salary and Allowances out of the County Rates as the Justices assembled as aforesaid shall order: Provided always, that Notice of the Day at which any Business Notice for Aprelating to the Appointment or Dismissal, or to the fixing or pointment, &c. ordering of the Salary and Allowances, of any such Constable be given by the shall begin at such General or Quarter Session shall be given by Clerk. the Clerk of the Peace. When Lock-up Houses are provided, Justices to appoint Constables to take charge of same. of Constables to of London, the VII. And be it enacted, That nothing herein contained shall be Act not to aptaken to prevent the Appointment of Special Constables, or to ply to the City apply to the City of London or the Metropolitan Police District, Metropolitan or to any Borough which is within the Provisions of an Act Police District, passed in the Sixth Year of the Reign of His late Majesty, inti- or any Borough tuled An Act to provide for the Regulation of Municipal Cor- or Place within porations in England and Wales, or of any Charter granted in the Provisions 13 & 14 VICT. F pursuance of 5 & 6 W. 4. |