Common Law Procedure Amendment Act (Ireland) 1853

Courts may direct Substitution of Service.

XXXIV. In case it shall be made to appear by Affidavit, to the Satisfaction of the Court in which the Action is attached, or, in Vacation, of any Judge of any of the said Courts, that any Defendant in any Summons and Plaint, the Cause of Action in respect of which the same shall have issued having arisen within the Jurisdiction of the Court, has not been served with the Writ of Summons and Plaint in the Manner herein-before prescribed, and has not, according to the Exigency thereof, appeared and taken Defence to the Action, and that due and proper Means were used to serve such Writ in the Manner aforesaid, or that such Defendant is out of the Jurisdiction of the Court, and can be properly served through or upon any Agent or Representative, or any Manager of the Real or Personal Estate of such Defendant within such Jurisdictiction, or has removed to avoid Service, or on any other good and sufficient Grounds, it shall be lawful, upon an Application made at any Time while the said Writ shall be in force, for such Court or Judge to authorize such Substitution of Service through the Post Office, or in such Manner and with such Extension of Time for Service and Defence as to them or him shall seem fit; and the Taxing Officer shall allow reasonable Costs on such Proceedings for substituting Service or effecting such Service as the Court shall have directed or deemed good; and in default of an Appearance and Defence by such Defendant in due Time it shall be lawful for the Plaintiff to proceed thereon as is herein-after provided.