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Acts and Ordinances in Force in Victoria Volume 1

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Pages: 536

Language: English

Book format: An electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose.

Publisher: (13 Sept. 2013)

By: Travers Adamson (Author)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1855 edition. Excerpt: ...of such Court. Summon. XXIII. That upon the filing of the plaint, a summons, stating the substance of the action, shall be issued according to the form prescribed iu such rules and regulations as aforesaid: and such summons, together with a copy of the plaint, shall be served so many days before the day of trial as shall be directed by the rules and regulations aforesaid, service of sum-XXIV. That every summons shall be served by a bailiff of the Court or his assistants, by delivering a copy thereof either to the defendant in person,or by leaving the same with the wife, child (if of years of discretion), or servant of the defendant, at his usual place of abode or business: and in case such bailiff or assistant shall demand admittance at snnh place of abode or business, and such admittance shall be refused by any person therein, it shall be lawful for such bailiff or assistant to put such copy into, or fix the same upon the door of such place of abode or business, and such service shall in every such case be deemed good service upon the defendaut: 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 in such manner as to be commonly known, sonuv, 'how XXV. That no judgment shall be recorded in any action or suit unless proved. e defendant shall appear, or unless the due service of such summons, in the manner hereinbefore directed, bo proved by the affidavit of at least one credible witness, sworn before the Judge or Registrar of the Court, or before a Commissioner of the Supreme Court of the Colony of Victoria for taking affidavits. Mrtdcoi proceed-XXVI. That when any plaintiff in any such Court shall have any...

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