Common Law Procedure Amendment Act (Ireland) 1853

Form and Duration of Writ of Summons in Ejectment.

CXCV. The Writ of Summons and Plaint in Ejectment shall state the Names of all the Persons in whom the Title is alleged to be, and command the Persons to whom it is directed to appear, within Twelve Days after the Service thereof, in the Court into which such Writ is returnable, to defend the Possession of the Property sued for, or such Part thereof as they may think fit; and the Writ shall be dated and endorsed, and continue in force, and be renewed, and shall be filed after Service thereof, in like Manner as herein-before enacted with reference to the Writ of Summons and Plaint in a Personal Action; and in Case of Ejectment on the Title it shall be lawful for the Plaintiff by such Writ to claim Damages for the Loss of the Mesne Rates and Profits of the Lands sought to be recovered; and in case of Ejectment for Nonpayment of Rent such Writ shall be endorsed with the full Particulars of the Rent due, and of all Credits to which the Defendant shall be justly entitled, and may be in the Form No. 15. in the Schedule B. to this Act annexed, or to the like Effect; and the same Proceedings may be had to ascertain whether the Writ was issued by the Authority of the Attorney whose Name was contained in, or endorsed thereon, and who and what the Plaintiffs are, and their Abode, and as to staying the Proceedings upon Writs issued without Authority, as in the Case of Writs in Personal Actions.