12. CLAUSE (B.) Office Copies of Wills to be Evidence of the contents thereof in Civil Bill Courts. 13. CLAUSE (C.) Official Copy of Judgment to be Evidence. 14. CLAUSE (I.) Service of Process in Civil Bills. 15. CLAUSE (D.) Affidavits sworn in county, or at the office of such Clerk of the Peace within such county, to be filed amongst the records of such court, otherwise such affidavit to be null and void. 5 And be it Enacted, That in every proceeding before any Assistant Barrister in any Civil Bill Court in Ireland, an office copy of any original will or other testamentary document lodged in any Ecclesiastical Court in Ireland, or in the registry thereof, and which shall appear by such copy to have been duly proved, and probate or letters of administration thereof granted, shall, upon due proof of the signature of the proper officer of such Ecclesiastical Court, certifying 10 the same to be a true copy of such original will or other testamentary document, be admitted as primâ facie evidence of the contents of such original will or testamentary document of which it purports to be an office copy, without the production of the original will or testamentary document; and the proper officer of any such 15 Ecclesiastical Court is hereby required to make a memorandum in writing upon such office copy, of the time at which, and the person or persons to whom such probate or letters of administration shall have been granted: Provided always, That the party producing such office copy shall give notice thereof to the adverse party in writing 20 Six Days before producing the same. And be it Enacted, That in every proceeding before the Court of the Assistant Barrister, an office copy of any judgment, decree or order, made by or before any court of law or equity in Ireland, certified to be a true copy by the proper officer of such court of law or 25 equity, as the case may be, shall, upon proof of such officer's handwriting, be deemed and taken as primâ facie evidence of such judgment, decree or order of such courts respectively. And be it Enacted, That in any action in any Civil Bill Court in Ireland the service of any civil bill process on the defendant, or the 30 wife, child or servant of the defendant, at his shop, office, warehouse or place of business, shall be as valid and effectual to all intents and purposes as the service of such process would have been at the residence of the defendant: Provided always, That no process in any civil bill action shall be served on Good Friday or Christmas-day. AND whereas doubts have arisen whether, under the provisions Great Britain of an Act of the third and fourth years of the reign of Her before Extra present Majesty, intituled, "An Act for abolishing 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 Advancement of Justice in Ireland," the affidavits mentioned in the 35 40 5 the eighth section of the said Act as numbered in the printed copies of the said Act printed by The Queen's Printers, can be lawfully made before the Extraordinary Commissioners of the Court of Chancery in Ireland for taking affidavits in Great Britain: AND whereas it is expedient that such doubts should be removed, and that the said Extraordinary Commissioners should have the power to take such affidavits; BE it therefore Enacted, That any such affidavits, when required to be made in Great Britain, may lawfully be made before one of the said Extraordinary Commissioners of the Court of Chancery 10 in Ireland appointed for taking affidavits in Great Britain, in the same manner as such affidavits are now made and sworn before the Masters in Ordinary and Masters Extraordinary of the said Court in Ireland, and shall be of like validity. 15 16. CLAUSE (E.) Possession of small Tene ments may be recovered by. of the Peace. And be it Enacted, That from and after the passing of this Act, when and so soon as the term or interest of the tenant of any house, or any part of a house, situate in any county of a city or county of a town or borough, or market town in Ireland, held by him for any term fore Justices not exceeding One calendar Month at a rent not exceeding the rate of One Pound sterling by the month, shall have ended or shall have 20 been duly determined by a legal notice to quit, and such tenant or (if such tenant do not actually occupy the premises, or only a part thereof) any person by whom the same or any part thereof shall be then actually occupied, shall neglect or refuse to quit and deliver up possession of the premises or such part thereof respectively, it shall 25 be lawful for the landlord of the said premises, or his known agent or receiver of his rents, to cause the person or persons so neglecting or refusing to quit and deliver up possession, to be served with a summons in writing, to be signed by a Justice of the Peace of or having jurisdiction in the county of the city or county of the town or borough 30 or market town (as the case may be) in which the said premises shall be situate, to appear before any Two or more Justices at any court of petty sessions, town-hall, divisional justice-room or other room or office in which such Justices usually meet for the dispatch of public business of such county of a city, county of a town, or borough, or 35 market town, to show cause why possession of the said premises should not be delivered up to such landlord or his said agent or receiver as aforesaid ; and if the tenant or occupier shall not appear at the time and place appointed, or if such tenant or occupier shall appear, and shall not show to the satisfaction of such Justices 40 reasonable cause why possession should not be given, and shall still neglect or refuse to deliver up the possession of the said premises, or such part thereof as he was in possession of at the time of the service of such summons to the said landlord or his said agent or receiver, it shall be lawful for the said landlord or his agent or receiver to give to such Justices proof of the holding and of the end or determina 1 17. CLAUSE (F.) The manner in which such Summons shall be served. 18. Interpreta tion of the Act. Number. 5 tion of the tenancy, with the time and manner thereof; and where the And be it Enacted, That such summons as last aforesaid may be 25 served either personally or by leaving the same with some person being in occupation of such house or part of a house, and where the tenant of such house or part of a house shall not reside therein, by serving the same personally, or by leaving the same at the place of abode of the tenant so holding over as aforesaid, Four clear Days before 30 the day appointed for the hearing of the matter of the said suinmons: Provided always, That if the person or persons so holding over, or any or either of them, cannot be found, and admission into the premises so overheld for serving such summons cannot be obtained, and the place of abode of such person or persons not residing as aforesaid, shall 35 either not be known, or admission thereto cannot be obtained for serving such summons, the posting of the said summons on some conspicuous part of the premises so held over, shall be deemed to be good service upon such person or persons respectively. And be it Enacted, That in construing this Act, and the Schedule 40 thereto annexed, unless the context or nature of the provision shall exclude such construction, words importing the singular number only shall extend to several persons or things as well as to one person or thing; and words importing the plural number shall extend to one person 5 "Assistant Barrister." "Decree." person or thing as well as to several persons or things; and words Gender. importing the masculine gender only shall extend to a female as well as a male; and the expression "Assistant Barrister" shall extend to and include the Recorder of Dublin and the Chairman of the Sessions of the Peace for the county of Dublin, and the seneschals of the several manor courts in the county and the county of the city of Dublin, and the Recorder of Cork; and the word " Decree" shall extend to and include a dismiss and a renewal of a civil bill decree, and the decree, order or dismiss of any of the said manor courts; and the expression 10 "Civil Bill" shall include an action or proceeding in any of the said manor courts; the word "Plaintiff" shall include a petitioner; the "Plaintiff." word "Defendant" shall include a respondent; and the words "Defendant.” "Action" or "Suit " shall include a petition or matter. 15 And be it Enacted, That this Act shall extend only to Ireland. "Civil Bill.” "Action" or "Suit." ment of Act. And be it Enacted, That this Act shall commence and take effect on Commencethe First day of November One thousand eight hundred and Fortyeight. 21. And be it Enacted, That this Act may be amended or repealed by Act may be any Act to be passed in this Session of Parliament. amended, &c. this Session. on the answer the plaintiff's bill, and to show cause why execution or process of arrest [or, a committal] should not issue against the person of the defendant, under or in respect of a certain judgment [or, decree, or order] of the court bearing date the day had and obtained by the said plaintiff [s] [or, complainant [s]] against the said defendant [s], by the said defendant [s], in a certain C. D., of county of dence and addition,] of Defendant [s]. for the payment of the sum of action [or, suit], for [state the former cause of action, or nature of the former action, or that the claim is for costs, as the case may be]; and which said sum of Pounds the said plaintiff [s] has [or, have] been unable to recover from the said defendant, or out of the goods and chattels of the defendant. Or in default thereof, the said Assistant Barrister will proceed as to justice shall appertain. Dated this day of Signed by [or, on behalf of] the Plaintiff [s]. FORM (B.) FORM of a DECREE for ARREST or EXECUTION against the Person, or a Committal. County of Division of to wit. A. B. of county of By the Assistant Barrister, at the sessions for the said county. in the dence and addition of plaintiff or, complainant [s],] complain It appearing to the Court that the plaintiff [s] caused a civil bill to be brought against the defendant [s], requiring him [or, them] to show cause why execution or process of arrest [or, a committal] should not issue against the person of the defendant [s], under and in respect of a certain judgment [or, decree or order] of the Court of bearing date the [resi- had and obtained by the said [s]], against the said defendant in the Plaintiff [s] [or, ant [s].] C. D., of dence and addition,] Defendant [s]. county of |