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PART V.

Application of Act to Ireland.

Application to Ireland.

15. This Act shall extend to Ireland, with the modi. fications following ; that is to say :The expression “county court" (uu) shall be construed

to mean civil bill court:

The expression “Lord Chancellor” (vv) shall be con

strued to mean the Lord Chancellor of Ireland : The expression “The Summary Jurisdiction Act” (ww)

shall be construed to mean, as regards the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for such district, and elsewhere in Ireland, the Petty Sessions (Ireland) Act, 1851, and any Acts amend

ing the same : The expression “court of summary jurisdiction " (xx)

shall be construed to mean any justice or justices of the peace or other magistrate to whom jurisdiction is given by the Summary Jurisdiction Act :

The court of summary jurisdiction, when hearing

and determining complaints under this Act, shall, in the police district of Dublin metropolis, be constituted of one or more of the divisional justices of the said district, and elsewhere in Ireland of two or more justices of the peace in petty sessions sitting at a place appointed for holding petty

sessions : The expression "fifth section of the Debtors' Act (yy),

1869," shall be construed to mean “sixth section of Debtors' Act (Ireland), 1872.”

(uu) COUNTY COURT.-Ante, sect. 3. (vv) LORD CHANCELLOR.–Ante, sects. 8, 9. (ww) SUMMARY JURISDICTION Act.-Ante, sect. 9. (cx) COURT OF SUMMARY JURISDICTION.–Ante, sects. 4 to 9. (yy) DEBTORS' Act.-Ante, sect. 9.

RULES

FOR CARRYING INTO EFFECT THE JURISDICTION

GIVEN TO COURT (SIC) OF SUMMARY JURIS-
DICTION IN ENGLAND

BY

THE EMPLOYERS AND WORKMEN ACT, 1875

(38 & 39 Vict. CHAP. 90).

RULES.

1. A person desirous to enter an action under the Employers and Workmen Act, 1875, shall deliver to the clerk of the court particulars in writing of his cause of action (a), and the clerk of the court shall enter in a book to be kept for this purpose in his office a plaint in writing, stating the names and the last known places of abode of the parties and the substance of the action intended to be brought; and thereupon a summons shall be issued according to the form in the schedule* and be served on the defendant not less than one clear day before the day on which the court shall be holden at which the cause is to be tried ; and no misnomer or inaccurate description of any person or place in any such plaint or summons shall vitiate the same, so that the person or place be therein described so as to be commonly known.

* (No. 1.)

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(a) A question has been raised in a legal journal, whether a complaint, pursuant to 11 & 12 Vict. c. 43 (one of Jervis's Acts), as well as the delivery of particulars of claim is not necessary to found a summons. But it is apprehended no complaint is necessary.

By sect. 1 of the statute referred to, where a complaint is made to a justice in any case in which an order may be made, he may issue a summons. By sect. 8, the complaint need not be in writing ; though it may be ; (see latter part of sect. 1).

Where a complaint is not reduced to writing it practically consists in a complainant appearing before a justice, stating his grievance or cause of complaint and asking for a summons.

It is presumed that this rule supersedes the necessity for any complaint of this nature ; or at any rate that the delivery of particulars in writing of the cause of action is equivalent to a complaint under Jervis's Act.

Probably, if the plaintiff could not write, the clerk of the court would write down the particulars for him, though he is not obliged to do so; as a town clerk is, to fill up the nomination paper for a burgess ; see 38 & 39 Vict. c. 40, s. 1 (2). Arnold's Municipal Corporations, (p. 90).

It would not, however, be sufficient that the clerk should take the particulars orally from the plaintiff, and enter them in his plaint and minute book, as the written particulars must be annexed to the summons. See the next rule.

2. The particulars shall be annexed to and be deemed part of the summons.

3. Such summons may issue in any district in which the defendant or one of the defendants dwelt or carried on his business or was employed at the time the cause of action arose.

4. Any summons which may be required to be served out of the district of the court from which the same shall have issued may be served by an officer of any other court of summary jurisdiction, which service shall be proved by affidavit (6) of the officer who served the summons.

(6) The form of affidavit is not given in the schedule ; it must, of course, state in what manner the service was effected. See the next rule.

5. The service of the summons shall be either personal or by delivering the same to some person apparently sixteen years old (c), at the house or place of dwelling or place of business or of employment of the defendant, or at the office of the employer for the time being of the defendant.

(c) This rule seems rather loosely worded. In strictness it would be complied with by service of the summons on any person of the requisite age, at the defendant's house, &c., though such person were a perfect stranger to the defendant. It would have been better if the service of the summons might have been made as under the Police Courts Act (2 & 3 Vict c. 71, s. 20), by delivering a copy of the summons to the wife, or servant, or some adult inmate of the family of the party at, &c., and explaining the purport thereof to such wife, servant, or inmate. In such a case there is every presumption that the summons would reach the hands of the defendant ; but a service on any person,

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