SCHEDULE C. FORMS OF PLEADINGS. STATEMENTS OF CAUSES OF ACTION. On Contracts. 1. Money payable by the defendant to the plaintiff for Goods sold. [these words, money payable, &c., should precede statement of causes of action like 1 to 9, but need only be inserted in the first] goods bargained and sold by the plaintiff to the defendant. 2. Work done and materials provided by the plaintiff for Work and the defendant at his request. 3. Money lent by the plaintiff to the defendant. 4. Money paid by the plaintiff for the defendant at his request. 5. Money received by the defendant for the use of the plaintiff. materials. { Money lent. Money paid. Money re ceived. stated. 6. Money found to be due. from the defendant to the Account plaintiff on accounts stated between them. 7. A messuage and lands sold and conveyed by the plaintiff to the defendant. 8. The defendant's use, by the plaintiff's permission, of messuages and lands of the plaintiff. 9. The hire of [as the case may be], by the plaintiff let hire to the defendant. 10. That the defendant on the For an estate sold. For the use of a house and land. For the hire to of goods, &c. day of A. D. Payee against maker of note. by his promissory note, now overdue, promised to pay to the plaintiff £ two months after date, but did not pay the same. Endorsee dorser of against en note. against ac ceptor of bill. 12. That the plaintiff, on, &c. [date], by his Bill of Drawer Exchange, now over-due, directed to the defendant, required the defendant to pay to the plaintiff £ after date, and the defendant accepted the said bill, but did not pay the same. two months Payee against drawer. Breach of promise of marriage. Warranty of a horse. Upon a lease for rent. Upon a covenant to re pair. Trespass to laud. Assault, bat tery, and false imprisonment, Criminal con versation. Wrongful 13. That the defendant, on, &c. [date], by his Bill of Exchange directed to A., required A. to pay to the plaintiff £ [two] months after date, and the said bill was duly presented for acceptance, and was dishonoured, of which the defendant had due notice, but did not pay the same. 14. That the plaintiff and defendant agreed to marry one another, and a reasonable time for such marriage has elapsed, and the plaintiff has always been ready and willing to marry the defendant, yet the defendant has neglected and refused to marry the plaintiff. 15. That the defendant, by warranting a horse to be then sound and quiet to ride, sold the said horse to the plaintiff, yet the said horse was not then sound and quiet to ride. 16. That the plaintiff let to the defendant a house, No. 54, Baggot-street, for seven years, to hold from the day of payable quarterly, of which rent and unpaid. A. D. A. D. at £ a year, quarters are due 17. That the plaintiff by deed let to the defendant a house, No. 40, Great Britain-street, to hold for seven years from the day of and the defendant by the said deed covenanted with the plaintiff, well and substantially, to repair the said house during the said term [according to the covenant], yet the said house was during the said term out of good and substantial repair. For Wrongs independent of Contract. 18. That the defendant broke and entered certain land of the plaintiff, called the "Big Field," and depastured the same with cattle. 19. That the defendant assaulted and beat the plaintiff, gave him into custody to a policeman, and caused him to be imprisoned in a police office. 20. That the defendant debauched and carnally knew the plaintiff's wife. 21. That the defendant converted to his own use the conversion of plaintiff's goods; that is to say, household furniture [or as the case may be]. goods. Wrongful detention of property. 22. That the defendant detained from the plaintiff his title deeds of land called Belmont, in the county of that is to say [describe the deeds]. water from a of a patent. 23. That the plaintiff was possessed of a mill, and by reason Diverting thereof was entitled to the flow of a stream for working the mill. same; and the defendant, by cutting the bank of the said stream, diverted the water thereof away from the said mill. 24. That the plaintiff was the first and true inventor of a Infringement certain new manufacture, that is to say, of "certain improvements in the manufacture of sulphuric acid," and thereupon Her Majesty Queen Victoria, by Letters Patent under the Great Seal of England, granted the plaintiff the sole privilege to make, use, exercise, and vend the said invention within Ireland, for the term of fourteen years, from the A.D. day of 25. That the defendant falsely and maliciously spoke and published of the plaintiff the words following, that is to say, "he is a thief ;" [If there be any special damage, here state it with such reasonable particularity as to give notice to the defendant of the peculiar injury complained of; for instance,] Whereby the plaintiff lost his situation as gamekeeper in the employ of 4. งา 26. That the defendant falsely and maliciously printed and published of the plaintiff, in a newspaper called " the words following; that is to say, "he is a regular prover under bankruptcies," the defendant meaning thereby that the plaintiff had proved, and was in the habit of proving, fictitious debts against the estates of bankrupts, with the knowledge that such debts were fictitious. Pleas in actions on contracts. 27. That he never was lent the money as alleged. 28. That he did not accept the bill as alleged. 29. That he never executed the alleged deed. Defamation of character. Denial of debt. Denial of deed, 30. That the alleged cause of action did not accrue within Statute of Limit T Payment. Set-off. Release. Not guilty. Leave and licence. Self-defence. six years [state the period of limitation applicable to the case] before this suit. 31. That before action he satisfied and discharged the plaintiff's claim by payment of the said sum of £50, in the time and manner herein endorsed. 32. That the plaintiff at the commencement of the suit was, and still is, indebted to the defendant in an amount equal to the plaintiff's claim, for [here state the cause of set-off as in a summons and plaint, see forms, ante], which amount the defendant is willing to set-off against the plaintiff's claim. 33. That after the alleged claim accrued, and before this suit, the plaintiff by deed released the defendant therefrom. Pleas in actions for wrongs independent of contract. 34. That he did not assault the plaintiff as alleged. 35. That he did what is complained of by the plaintiff's leave. 36. That the plaintiff first assaulted the defendant, who thereupon necessarily committed the alleged assault in his own defence.* O 10 Affidavits Attested copy of any pleading, judgment, affidavit, &c., &c., per folio of 72 words Copy of any rule Rule or order of every description Summons and plaint, defences, demurrers, consents for Writs of subpoena, execution, and all other writs whatsoever Report of Master . * See Derrys v. Byrne, 7 Iṛ. C. L. R. 302, referred to, ante, p. 52. Requisition to enter judgment, whether final or interlocutory, on cognovit or otherwise, except a final judgment where interlocutory judgment has been already entered, Summons to tax costs Requisition to tax costs not exceeding £20 General exemption from the foregoing duties in respect of all proceedings on behalf of paupers admitted to sue or defend in formá pauperis. SCHEDULE E. TABLE OF COSTS OF PROCEEDINGS UNDER THE FOREGOING ACT. No. 1.-Costs of Writ issued and served where Debt is settled within six days after service. Summons and plaint, with particulars, not less than Copy for service Service (if in Dublin) In country cases, expense of service to be allowed according to the discretion of the taxing officer. Costs of affidavit of service, and to verify, to be added, if debt is not settled within six days after service. In cases in which it shall appear to the taxing officer to be proper that the plaint shall be settled by counsel, the same may be allowed for as follows:Instructions to counsel to settle, Is. per folio, say six folios Fee to counsel, not less than Attendance on counsel |