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like manner, so far as may be, as if separate writs of summons had been issued. The only other section requiring to be noticed in this place is section 9, which, as already mentioned (g), empowers her Majesty from time to time, by an order in council, to direct that all or any part of the provisions of this act shall apply to all or any Court or Courts of Record in England and Wales, and, within one month after such order shall have been made and published in the "London Gazette," such provisions shall extend and apply in manner directed by such order; and any such order may be, in like manner, from time to time altered and annulled; and in and by any such order her Majesty may direct by whom any powers or duties incident to the provisions applied under this act shall and may be exercised with respect to matters in such Court or Courts, and may make any orders or regulations which may be deemed requisite for carrying into operation in such Court or Courts the provisions so applied.
The powers of the last section having been extensively exercised, and the provisions of the act applied to County Courts, rules and forms were required to adapt the act to the practice of such Courts. The new rules have accordingly provided a form of summons under the above act. It warns the defendant, that unless within twelve days after the personal service of the summons on him, inclusive of the day of such service, he obtains leave from the Judge of the Court, or in his absence, from the Registrar of the Court, to defend the action, the plaintiff may proceed to judgment and execution. A form of indorsement is also provided, stating that the plaintiff claims a named sum for príncipal and interest, or balance of principal and interest, due to him as the payee (or indorsee) of a bill of exchange (or promissory note), of which a copy then follows, and also so much for noting, and the sum of so much for Court fees (and costs where recoverable); and stating that, if the amount thereof be paid to the Registrar of the Court four days from the service thereof, no further proceedings will be taken. The defendant is further informed, that leave to defend may be obtained upon application at the office of the Registrar supported by affidavit, showing that there is a defence to the action on the merits, or disclosing facts, showing that it is reasonable that the defendants should be allowed to defend the action (h).
(g) See ante, p. 16.
(h) See the Form of Summons, post, Appendix, Form No. 11.
A separate plaint must be entered, and summons issued, against each party to the bill or note, separately liable, whom the holder seeks to charge (i).
4. SERVICE OF THE SUMMONS.
Service by the Bailiff of the Home District.]—It has been already stated that the Registrar of the Court must issue all summonses to the parties forthwith after the plaints are entered. He must also make and deliver to the bailiff a true copy of the summons for indorsement as hereinafter mentioned (j) Summonses and orders and all other process of the County Court are served by the high bailiff, by himself or by the bailiffs appointed to assist him (k). One high bailiff at least is appointed to each Court, and he or an under bailiff of the Court is required to attend for the purpose receiving summonses, or for the performance of other duties, at the office of the Registrar once at least every day; and must compare and examine the copy of each summons delivered to him by the Registrar, so as to enable him to prove its correctness (1).
Time of Service.]-The summons must be served at least ten clear days before the return day (m).
Service in a Foreign District.]-By the statute 9 & 10 Vict. c. 95, s. 61, it is enacted, that any summons or other process required to be served out of the district of the Court from which the same shall have issued may be served by the bailiff of any Court holden in any part of England, and such service shall be as valid as if the same had been made by the bailiff of the Court out of which such summons or other process shall have issued within the jurisdiction of the Court for which he acts.
Therefore, where a summons has to be served on a defendant residing in a foreign district, it is competent either to the bailiff of the home district or the bailiff of such foreign district to effect the service. If the personal attendance of the bailiff were necessary to depose viva voce to the service of process, the service would be, as a matter of convenience, left in most cases to be effected by the bailiff of the home (1) Rules and Orders of Practice,
(i) Rules and Orders, r. 188.
(m) Id. r. 44.
district; for, although having to travel out of his district to effect the service, he would, on his return, be ready to prove the service at any time his attendance were required for that purpose. Nevertheless, the inconvenience and cost of such a system would have been very great, and accordingly the same statute, sect. 62, provides, that service of any summons or other process of the Court which shall require to be served out of the district of the Court may be proved by affidavit, purporting to be sworn before any Judge of a County Court, or before a Master extraordinary in Chancery, or any person now authorized by law to take affidavits (n), and the fee for taking such affidavit shall not be more than 1s., and shall be costs in the cause; and in every case of the unavoidable absence of the bailiff by whom any summons or other process of the Court shall have been served, the service of such summons or other process may be proved, if the Judge shall think fit, in the same manner as a summons served out of the district of the Court, but without additional charge to either of the parties to the suit."
The rules of County Court practice accordingly provided, that the summons, when required to be served in a foreign district, should be served by the bailiff of that district unless by special order of the Judge of the Home Court the bailiff of the Home Court should be directed to serve it (o). the new rules direct, that, where a summons is required to be served in a foreign district, the Registrar shall transmit the same and a copy thereof to the bailiff of the Foreign Court, with a letter according to the form in the schedule, unless the Judge of the Home Circuit shall order the summons in that particular case to be served by the bailiff of the Home Court (p).
The Registrar, by his letter, requests the high bailiff to serve the accompanying summons immediately, and return the inclosed copy, with the affidavit of service required by sect. 62 of 9 & 10 Vict. c. 95. He also furnishes the bailiff with the defendant's residence (q).
It may be here observed, that all letters or process sent by post by the officers of the Court must be prepaid (r).
Where a summons is to be served in a foreign district, it should, in order to insure its service, be delivered to the
(n) See ante, p. 21, note (r). (o) See the former Rules of Practice, r. 55.
(p) Rules of Practice, r. 12.
(q) See Form of Letter appended to the Rules, post, Appendix, Form No. 4.
(r) Rules of Practice, r. 172.
bailiff at least fifteen clear days before the return day, for the service must be effected at least ten clear days before the return day (s).
The Registrar must, in all cases where a summons is to be served in a foreign district, require the plaintiff to pay the fee of 1s. for the oath required as above stated by sect. 62 of the statute 9 & 10 Vict. c. 95, and the Registrar pays it over to the treasurer of his Court at such times and in such manner as may be directed by the Commissioners of her Majesty's Treasury (t).
Service in the District Courts of the Metropolis.]— Where a summons is issued under the provisions of the new act, which, in respect of the Metropolitan districts, enables the summons to be issued either in the district in which the plaintiff dwells or carries on business, or in the district in which the defendant dwells or carries on business (u), such summons is served by the bailiff of the district within which the defendant dwells or carries on business, unless the Judge shall in each case otherwise specially order; this rule, however, does not interfere with the general power mentioned hereafter (x), now vested in the bailiff of the Court from which the summons has issued, to serve the same within 500 yards of the boundary of his district (y).
If the summons, therefore, is issued by the Court of the district in which the plaintiff dwells or carries on business, the service will be effected as in the ordinary case of service in a foreign district.
Mode of Service of an Ordinary Summons.]-The prescribed mode of service of an ordinary summons is, of course, the same, whether served in the home or in a foreign district, or by the home or the foreign bailiff.
(s) See Rules of Practice, r. 44. (t) Id. r. 13.
(u) 19 & 20 Vict. c. 108, s. 18. See ante, pp. 21, 22. The words of the section are-that "the summons may issue and be served either in the district in which the plaintiff shall dwell or carry on business, or in the district in which the defendant shall dwell or carry on business," but the words "and be served," must be rejected, for it is
absurd to say that the summons
(x) See post, p. 46.
The new rules (which, in this respect, are nearly repetitions of the former rules) prescribe the following modes of service of an ordinary summons:
Mode of Service in general.]-The service of the summons, except in the cases hereinafter specially provided for, must 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 of the defendant; but no place of business is deemed the place of business of the defendant unless he shall be the master or one of the masters thereof (z).
Service on board a Ship.]-Where a defendant is living or serving on board of any ship or vessel, it is sufficient service to deliver the summons to the person on board who is, at the time of such service, apparently in charge of such ship or vessel (a).
Service on Soldiers in Barracks.]-Where a defendant is residing or quartered in any barracks, and serving her Majesty as a soldier or marine, it is sufficient service to deliver the summons at the barracks to the adjutant of the corps, or to any officer or sergeant of the company or troop to which such soldier or marine belongs (b).
Service on Prisoners.]-Where a defendant is a prisoner in a gaol, it is sufficient service to deliver the summons at the gaol to the governor or any person appearing to be the head officer in charge thereof (c).
Service on Miners.]-Where a defendant is working in any mine or other works under ground, it is sufficient service to deliver the summons, at the mine or works, to the engineman, banksman or other person apparently in charge of the mine or works (d).
Service on Persons employed in Public Asylums or Gaols.]-Where the defendant is employed and dwells in any lunatic or other public asylum, or in any common gaol or house of correction, it is sufficient service to deliver the
(2) Rules of Practice, r. 45. (a) Id. r. 46.
(b) Id, r. 47.
(c) Id. r. 48.
(d) Id. r. 49.