Clarke, Richard [Hrsg.]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (3): Acts from 1834 to 1853 (London, 1854)

ACT IX.

305

A.D. 1850.]
be directed by the rules for regulating the practice of the court; and deli-
very of such summons to the defendant, or in such other manner as shall
be specified in the rules of practice, shall be deemed good service ; and no
misnomer or inaccurate description of any person or place in any such
summons shall vitiate the same, if the person or place be therein described
so as to be commonly known.
XXVII. No misstatement of the cause of action in the summons issued
under this. Act shall vitiate the same, and the judges of the court may, in
their discretion, rectify such misstatement as soon as discovered, and alter
the record accordingly ; and if the defendant, or one of the defendants, be
present in court at the time of such discovery, the hearing of the cause,
after the record shall have been so altered, shall be proceeded with as if
no such misstatement had happened ; but in the absence of the defendant,
or of all the defendants, a new summons, of the same number and date as
the orignal summons, shall be issued, with the altered statement of the
cause of action.
XXVIII. All persons shall be deemed within the jurisdiction of the
court who dwell, or carry on their business, or work for gain within the
district of the court at the time of bringing the action, or who did so dwell
or carry on their business or work therein at the time when the cause of
action arose, or within six months before the time of bringing the action
for causes of action which arose within the same time.
XXIX. Any summons or other process of any of the said courts,
service of which is needed out of the district of the court, may be exhibited
in any court of law, or before any magistrate, and shall be thereupon
endorsed by the magistrate or judge of such court, and when so endorsed
may be served in like manner as any order or process from such court or
magistrate; and such service shall be as valid as if the same had been
made by the bailiff of the court out of which such summons or other
process shall have issued, within the jurisdiction of the court for which he
acts.
XXX. Service of any summons or other process of the court which
shall require to be served out of the district of the court, may be proved
by affidavit, or solemn affirmation, purporting to be sworn or made before
any judge or magistrate ; and in every case of the unavoidable absence
of the bailiff by whom any summons or other process of the court has
been served, the service of such summons or other process may be proved,
if the judges think fit, in the same manner as a summons served out of
the district of the court.
XXXI. Any minor may prosecute a suit in any court holden under
this Act for any sum of money not greater than five hundred rupees,
which may be due to him for wages or piecework, or for work as a ser-
vant, in the same manner as if he were of full age.
XXXII. The jurisdiction of the court shall extend to the recovery of
any demand not exceeding the sum of five hundred rupees, which is
VOL. in. 2 R


Who are within ju-
risdiction of the court.

Service of process
out of court's district.

Proof of the service
of such process.

Minors may sue.

Jurisdiction in part-
nership accounts.