Page:UKSRO 1890.pdf/158
serve on the debtor a Civil Bill, specifying the date and other particulars of the order for payment, and the sum, instalment, or instalments in the payment of which default has been made, and shall require the debtor to appear personally on a day therein named, before the Judge for the county or riding, at the sittings, for the division in which such debtor shall usually reside or carry on business, to show cause why he should not be committed to prison for his default in respect of such payment.
3. The Civil Bill may be in the form in the schedule.to these rules, or to the like effect, and shall be signed by or on behalf of the plaintiff.
4. Service of the Civil Bills shall be personal.
5. The hearing of such Civil Bills, and the several proceedings relating thereto, and the costs relating to the same, shall be subject to the like provisions and regulations, as far as the same are applicable, as apply to ordinary Civil Bills.
6. If the decree or order in respect of which the Civil Bill is issued shall be a decree or order of any Civil Bill Court, the decree or order shall be produced in Court at the hearing of the Civil Bill; but in all other cases it shall be sufficient to produce a certified copy of the judgment, decree, or order, and in all cases evidence shall be laid before the Judge of the proceedings, if any, which, up to the time of the hearing, have taken place in respect of such decree, order, or judgment, whether the same. shall be of a Civil Bill or any other Court.
7. The order of committal may be in the form in the schedule to these rules, or to the like effect, and shall bear date on the day on which the order was made, and shall continue in force for one year from such date and no longer. Before delivery to the sheriff or other officer, the order of committal shall be in- dorsed with the particulars required by the 27 & 28 Vict. c. 99.[1] s. 8. The sheriff shall be entitled for executing the order of committal to the fees now payable on a Civil Bill decree or order for arrest.
8. The order of committal shall in all cases be executed by the sheriff or his officers.
9. Upon payment of the sum or sums mentioned in the order of committal and the sheriff's fees, the debtor shall be entitled to a certificate in the form in the schedule to these rules, or to the like effect, signed by the solicitor of the plaintiff in the Civil Bill process, or signed by the plaintiff and attested by a solicitor on his behalf or a Justice of the Peace.
- ↑ "The Civil Bill Courts Procedure Amendment Act (Ireland), 1864."