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forty-one, intituled "An Act for the more effectual A.D. 1875.
recovery of small debts in the Sheriff Courts, and
for regulating the establishment 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.

XV. This Act shall extend to Ireland, with the modi- Applica fications following; that is to say,

The expression "county court" shall be construed to
mean civil bill court:

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 (Ire-
land) Act, 1851, and any Acts amending the same:

tion to Ireland.

A.D. 1875.

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 :

66

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

CHAPTER III.

EMPLOYERS AND WORKMEN ACT, 1875.

SUMMARY JURISDICTION ACTS-RULES.

and commencement

1. These Rules may be cited as the Employers and Short title Workmen Rules, 1886. They came into operation on the first day of January, 1887.

2. The proceedings in relation to any dispute between Procedure. an employer and a workman may be commenced under the Employers and Workmen Act, 1875, in a Court of Summary Jurisdiction for the district in which the defendant or one of the defendants dwelt or carried on business, or was employed at the time the cause of action arose, or in which he or one of them happens to be at the time of the entry of the action, and thereupon the same proceedings shall be had, and the same forms may be used as upon a claim for a civil debt under the Summary Jurisdiction Acts: Provided that the summons shall be served four clear days at least before the hearing in manner directed by the said Summary Jurisdiction Acts, or by leaving it with an adult person at the office or place of business or employment of the defendant or one of the defendants: Provided also that no order of commitment shall be made against an apprentice until he shall have been personally served with a judgment summons.

counter

3. A defendant shall not, except by leave of the Court Set-off or of Summary Jurisdiction, on such terms as the Court may claim. think fit, be permitted to set up against the claims of the plaintiff any set-off or counter-claim, unless he shall have

Names of plaintiffs claiming upon common circum

be inserted

in one

served, or cause to be served, by registered post letter or otherwise, two clear days at least before the return-day, a notice thereof directed to the plaintiff at his address as mentioned in the summons, setting forth the particulars of such set-off or counter-claim. Service of any notice by post shall, unless the contrary be proved, be deemed to have been made on the day upon which the letter would have been delivered in the ordinary course of post.

4. Where disputes between an employer and his workmen are of such a character that the liability of the employer to divers of his workmen depends upon circumstances common to a whole class of their claims, the names of all stances to the workmen whose claims are grounded upon common circumstances may be inserted as plaintiffs in one summons. summons. Where the number of such plaintiffs is large, the name of one plaintiff only may be inserted in the body of the summons, and in such case the names of the other plaintiffs, together with their descriptions and addresses and the amounts of their respective claims, may be indorsed on the summons or added in a schedule thereto annexed.

Defendant may object that a plaintiff's claim shall be heard

5. The employer may, at the hearing of any such summons, object that the claim of any plaintiff included in the summons ought to be separately heard and determined, either on the ground that the amount claimed is disputed, separately. as well as the liability, or as depending on special circumstances. The name of any plaintiff, whose claim is so objected to, shall be struck out by order of the Court of Summary Jurisdiction.

Determina

tion of first-named

plaintiff's claim to determine the others.

Where

summons

dismissed.

6. When the summons comes on for hearing, the case of the plaintiff first named in the summons shall (unless the Court otherwise directs) be heard and determined, and the claims of all the other plaintiffs whose names shall have been included in the summons, and not struck out as in Rule 5 provided, shall abide the result of the case SO determined.

7. If the Court of Summary Jurisdiction dismisses the summons, no claim shall afterwards be admitted at the instance of any workman whose name was included in the summons (and was not struck out as in Rule 5 provided) in respect of the claim made thereby, unless he shows to

the satisfaction of the Court that his name was included in the summons without his consent.

claimants

8. If the Court of Summary Jurisdiction finds in favour Where of the plaintiff whose case is tried, it shall make an order succeed. on all the claims of the plaintiffs included in the summons (not struck out as in Rule 5 provided), and such order shall operate and take effect as if the claim of each workman, whose name may have been so included as a plaintiff in the summons and not struck out, had been separately heard and determined by the Court, and an order had been made on each such claim.

9. The Court of Summary Jurisdiction by whom any New trial. action has been determined ex parte may, at the same or any subsequent Court, set aside any judgment so given, and any process thereon, and may grant a new trial on such terms as the Court may think fit.

10. The fees to be paid by a person seeking the assist- Fees. ance of the Court of Summary Jurisdiction shall be those contained in the Schedule annexed hereto.

11. The Court of Summary Jurisdiction may, in its Costs. discretion, allow any party, in respect of any expense he may have incurred in the employment of a solicitor, any sum not exceeding ten shillings where the sum claimed exceeds forty shillings, and not exceeding fifteen shillings where it exceeds five pounds.

12. The forms in force under the Summary Jurisdiction Forms. Rules, 1886, so far as the same are applicable, together with the forms in the Schedule hereto, and forms to the like effect, with such variations as circumstances may require, may be used in proceedings under this Act.

13. The Rules and forms under the Employers and Annulment Workmen Act, 1875, heretofore in use are hereby annulled.

(Signed) HERSCHELL, C.

The 16th July, 1886.

D

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