|
|
Service of notices, &c. where defendant in ejectment does not reside on the lands.
|
86. [1]
Whenever it shall happen that the defendant in any ejectment proceeding brought for the recovery of any lands, tenements, or hereditaments under the provisions of this Act shall not be resident on such lands, tenements, or hereditaments, the delivery of any notice or process to such defendant in person, or, at the dwelling house or place of residence of such defendant, to his wife, or to any child or servant of such defendant, or to the father, mother, brother, sister, or other relation of the said defendant or of his wife residing with the said defendant, and being of the age of sixteen years or upwards, shall in all cases be deemed good and sufficient service of any such notice or process, although such defendant or defendants shall not be resident, or his or their dwelling house or houses or place of residence shall not be situate, on the lands or tenements comprised in such ejectment, or to which such notice or process shall relate, any law, usage, or custom to the contrary in anywise notwithstanding: Provided always, that if a defendant shall have gone out of Ireland, and shall have left his wife and family residing in the dwelling house usually occupied by him while in Ireland, service of the process in ejectment upon his wife or any member of his family, being of the age aforesaid, at such dwelling house, shall be deemed and taken as good service of the process upon the defendant, so as to enable the landlord or owner to obtain a decree for the possession of said lands.
|
