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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 91

Time within which civil complaint must be made to give jurisdiction.

91.(1) Where at the time and place appointed for the hearing or adjourned
hearing of a complaint in a civil matter, the complainant appears but the
defendant does not, the court may, without prejudice to its powers under
this Act or any other enactment, adjourn or further adjourn or, subject to
subsection (2), proceed in his absence.

(2) The court shall not begin to hear the complaint or proceed in the absence
of the defendant, unless either it is proved to the satisfaction of the court,
upon oath or by affidavit or in such other manner as may be prescribed, that
the summons was served on him within what appears to the court to be a
reasonable time before the hearing or adjourned hearing or the defendant has
appeared on a previous occasion to answer to the complaint.

© 1964 Crown Copyright

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