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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 85

Issue of process.

85.(1) Where it appears at any stage of debt or ejectment proceedings that a
court of summary jurisdiction has not jurisdiction therein because the matters
involved are beyond the jurisdiction of the court or that for any other reason
the matter is more fit to be tried by the county court, the proceedings need
not on that account be dismissed but the court of summary jurisdiction may
order the proceedings to be transferred to the county court upon such terms as
appear to it to be proper and thereafter the proceedings shall continue in
the county court as if they had been commenced in that court and as if the
defendant had entered a defence.

(2) Where proceedings are transferred under this section to the county court,
the county court judge may give such directions as to procedure and as to
costs in the court of summary jurisdiction as he may deem proper and the
parties shall comply therewith.

(3) In this section "the county court" means the county court for
the county court division in which the prodeedings would have been tried if
originally commenced in the county court.

Hearing etc. of proceedings commenced by process.

© 1964 Crown Copyright

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