ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 9 Application of provisions of Summary Jurisdiction Acts for purposes of Act.

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ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 9

Application of provisions of Summary Jurisdiction Acts for purposes of Act.

9.(1) The provisions of the Summary Jurisdiction (Ireland) Acts shall apply
with respect to the issue and service of any summons, the hearing of any case,
the making of any order and the taking of any proceedings by or before a court
of summary jurisdiction for the purposes of this Act, except as otherwise
expressly provided in this Act.

(2) Notwithstanding anything in the Summary Jurisdiction (Ireland) Acts, a
summons issued under this Act for the appearance of a man who is alleged to be
the father of an illegitimate child, or who has been adjudged to be the
putative father of such child, may be served upon him in any part of Northern
Ireland,....

(3) Where a justice of the peace to whom an application has been made for a
summons under this Act dies or is removed or otherwise ceases to hold office
as such justice of the peace, or is unable to act, any powers and jurisdiction
which might have been exercised by him on or in relation to the application
shall be exercisable by any other justice of the peace acting for the same
petty sessions district or place.

(4) Where the man alleged to be the father of an illegitimate child resides
outside the petty sessions district or place in which his case is heard or
about to be heard, it shall be lawful to prove by affidavit in the prescribed
form that any summons or order has been duly served upon such man. Any
affidavit purporting to be made and attested in the prescribed form shall be
received in evidence, and shall be deemed to be duly made and attested until
the contrary is shown.

(5) Notwithstanding anything in any enactment a court to which any application
or appeal is made under this Act may make an order for the payment by the
applicant or the defendant, or both of them of the costs of the court and of
such reasonable costs and expenses of either of the parties as the court
thinks fit.

(6) It shall be lawful for the mother to apply for a summons, or take any
proceedings under this Act, before any court, or make any request or give any
consent in pursuance of this Act, notwithstanding that she is under the age of
[eighteen] years.

S.10 rep. by 1953 c.3 (NI) s.6(2) sch.1

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Northern Irish Legislation

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 9