County Officers and Courts (Ireland) Act, 1877

Jurisdiction in remitted cases.

14 & 15 Vict. c. 57.

33 & 34 Vict. c. 109.

51 The provisions of the one hundredth section of the Civil Bill Courts (Ireland) Act, 1851, shall apply to actions ordered to be tried or remitted for trial in any Civil Bill Court under any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1870, and if the plaintiff in any such action shall have omitted or refused to lodge the order for trial and the summons and plaint as by the said last-mentioned Act prescribed, the defendant may at any time during the sessions named in such order, lodge with the Clerk of the Peace certified copies of the said order and summons and plaint for the purpose of having such action dismissed by the chairman, and thereupon the said chairman shall have the same power jurisdiction and authority to dismiss the case, and to award costs to the defendant, as if the plaintiff had duly lodged with the Clerk of the Peace the said order and summons and plaint, and had failed to proceed thereon at the said sessions. The provisions of the sixth section of the Common Law Procedure Amendment Act (Ireland), 1870, shall apply to actions of detinue, and in any such action when remitted for trial in a Civil Bill Court such court shall have the same jurisdiction as to ordering a return of goods or giving other specific relief which might have been exercised by the superior court in which the action was commenced, if the action had not been so remitted. The provisions of the same section may be applied to any action for breach of contract or for any wrong or injury not disconnected with contract, if the plaintiff's claim in such action shall be for unliquidated damages.