The expression "defendant" includes defender or
respondent:

The expression "the Summary Jurisdiction Act"
means the act of the seventh year of the reign
of his Majesty King William the Fourth and
the first year of the reign of her present
Majesty, chapter forty-one, intituled " An Act
for the more effectual recovery of small debts in
the Sheriff Courts, and for regulating the esta-
blishment of circuit courts for the trial of small
debt causes by the sheriffs in Scotland," and
the acts amending the same.

The expression" surety" means cautioner.

This act shall be read and construed, as if for the expression "the Lord Chancellor," wherever it occurs therein, the expression "the Court of Session by act of sederunt were substituted.

All jurisdictions, powers and authorities necessary for the purposes of this act are hereby conferred on sheriffs in their ordinary or small debt courts, as the case may be, who shall have full power to make any order on any summons, petition, complaint or other proceeding under this act, that any county court or court of summary jurisdiction is empowered to make on any complaint or other proceeding under this act.

Any decree or order pronounced or made by a sheriff under this act shall be enforced in the same manner and under the same conditions in and under which a decree or order pronounced or made by him in his ordinary or small debt court, as the case may be, is enforced.

PART V.

Application of Act to Ireland.

15. This act shall extend to Ireland, with the modi- Application to fications following; that is to say,

The expression "county court" shall be construed

to mean civil bill court:

Ireland.

The expression "Lord Chancellor" shall be construed to mean the Lord Chancellor of Ireland: The expression "the Summary Jurisdiction Act" 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 amending the same:

The expression "court of summary jurisdiction" 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, 1869," shall be construed to mean "sixth section of Debtors Act (Ireland), 1872."

RULES

For carrying into effect the jurisdiction given to Court of Summary Jurisdiction in England by the Employers and Workmen Act, 1875, 38 & 39 Vict. c. 90 (a).

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, 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.

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 (b).

4. Any summons which may be required to be served out of the district of the court from which the same

(a) See the authority for making these rules in sects. 8 and 9 and ante, pp. 109, 110.

(b) See observations, ante, pp. 122, 123.

shall have issued, may be served by an officer of any other court of summary jurisdiction, which service shall be proved by affidavit of the officer who served the

summons.

5. The service of the summons shall be either personal, or by delivering the same to some person apparently sixteen years old, 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.

Hearing.

6. No notice shall be required to be given by a defendant of any set-off or counter claim that he may wish to advance at the hearing against the claim of the plaintiff.

7. If upon the day of the return of any summons, or at any continuation or adjournment of the said court, the plaintiff shall not appear, the cause shall be struck out, and the court may award to the defendant, by way of costs and satisfaction for his attendance, such sum as it in its discretion shall think fit.

8. If on the day named in the summons, or at any continuation or adjournment of the court, the defendant shall not appear, or sufficiently excuse his absence, or shall neglect to answer when called in court, the court, upon due proof of service of the summons, may either adjourn the cause from time to time or proceed to the hearing of the cause on the part of the plaintiff only, and the judgment thereupon shall be as valid as if both parties had attended; provided that the court in any such case, at the same or any subsequent court, may set aside any judgment so given in the absence of the defendant, and the execution thereupon, and may grant a new trial upon such terms, if any, as it may think fit.

Judgment Summons.

9. No order of commitment under the Debtors Act, 1869 (c), shall be made unless a summons to appear and be examined on oath, hereinafter called a judgment summons, shall have been personally served upon the judgment debtor, which service where made out of the district shall be proved by affidavit.

10. A judgment summons may issue although no distress warrant has been applied for.

11. Every judgment summons shall be according to the form in the schedule, and be served not less than two clear days before the day on which the judgment debtor is required to appear, except the judgment debtor is stated to be about to remove, or is keeping out of the way to avoid service.

12. The hearing of a judgment summons may be adjourned from time to time.

13. Any witness may be summoned to prove the means of the judgment debtor, in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint.

14. An order of commitment made under the Debtors Act, 1869, shall be according to the form in the schedule, and shall, on whatever day it may be issued, bear date on the day on which the order for commitment was made, and shall continue in force for one year from such date and no longer.

15. When an order of commitment for non-payment of money is issued, the defendant may, at any time before his body is delivered into the custody of the gaoler, pay to the officer holding such order the amount indorsed thereon as that on the payment of which he may be discharged; and on receiving such amount the officer shall discharge the defendant, and shall forthwith pay over the amount to the clerk of the court.

(c) See ante, p. 142.

D.

N