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Counsel's signature

not necessary.

Judgment on

confession

47. Confessions of action and consents for judgment may be filed without the signature of counsel thereto.

48. On the filing of any confession, consent for judgment, or plea of plene administravit, or plene administravit præter, the plene admini- plaintiff may enter a rule for the proper judgment, and mark judgment thereon.

and plea of

stravit.

Plea of tender and ac

ceptance by plaintiff;

have his

49. In case money be lodged in Court upon a plea of tender, and the plaintiff shall be willing to accept the same in full satisfaction of the demand with respect to which the tender has been defendant to pleaded, the defendant shall be entitled to his costs of suit, so costs of suit. far as relates to such demand, the same to be deducted from the amount of such lodgment, and the plaintiff shall only be entitled to draw the balance; and if the sum so lodged be insufficient to answer the defendant's costs, the defendant shall be entitled to an order for the payment of the balance thereof.

Demurrer

Judges,

T., 1853, rr. 14-16.

See sect. 76, C. L. P. Act, 1853, whence it would seem to appear that a plaintiff may in all cases draw money lodged under a defence of tender before verdict or judgment for defendant, or peremptory order for payment of costs for not proceeding to trial. In practice, however, a plaintiff will not be allowed to draw the money without paying the defendant his costs.

50. When a demurrer shall have been filed, the party filing books for the the demurrer shall, within six days thereafter, make up the paSee R. G., H. per books for the judges, and deposit the same in the office of the Clerk of the Rules, where they shall remain two days for the examination of the opposite party; on the expiration of which period they shall be delivered to the judges by the Clerk of the Rules, and the case set down by either party for argument by side-bar rule. And if the books be not made up and lodged within the specified time as aforesaid, by the party filing the demurrer, the demurrer shall be considered as set aside, and the opposite party shall be at liberty to proceed as if no such demurrer had been filed; and if there shall be a demurrer on the part both of plaintiff and defendant, the plaintiff shall be considered as the party bound to make up the books within the meaning of this rule; and in case he shall fail so to do, his demurrer shall be considered as set aside, and the demurrer of the defendant allowed. And the costs of such books shall, in all cases, follow the judgment on demurrer.

Lodging the demurrer books.

See ante, pp. 75-80.

If the party demurring fails to lodge the demurrer book within six days, the demurrer is to be considered as set aside. Under such circumstances the party demurring should not refile the demurrer without the

leave of the Court (Slevin v. Manders, Ir. R. 2 C. L. 305). Neither should he lodge the demurrer books, but in a proper case he may apply to the Court for leave to refile the demurrer (Gregory v. Levins, 2 Ir. L. T. 23).

books, how

51. All paper books for the Judges on demurrer shall be Demurrer fairly written upon post paper, book wise, with a margin of two to be made inches, and shall contain only such parts of the pleadings as up. relate to the subject-matters to be argued, with the names of See R. G., H. the counsel and attorney on both sides, (and also a specification of the grounds of demurrer), and shall be noted in the margin, and contain an index denoting the page at which each pleading may be found.

T., 1853,

rr. 16-17.

SECURITY FOR COSTS.

curity for

52. Where a defendant served with a summons and plaint Preliminary shall require security for costs from the plaintiff, he shall be at notice for seliberty to apply by notice to the plaintiff for such security; and costs, and in case the plaintiff shall not, within twenty-four hours after when appliservice thereof, undertake by notice to comply therewith, the cation to be defendant shall be at liberty to apply to the Court or a judge See R. G., H. for such security by motion on notice, grounded upon affidavit; T., 1853, and every such application shall be made before defence filed, unless the Court shall under special circumstances think fit to make such order after defence filed.

made.

r. 22.

See ante, p. 50.

53. Where a plaintiff shall have been ordered to give security Order for security how for costs, he may comply therewith, either by entering into a re- complied cognizance by two securities in an amouut to be measured by the with. officer, or by lodging in court the amount so measured in lieu of such security; and a side-bar rule to lodge the amount may be entered as of course.

after.

54. The service of any notice relative to the giving security for Time for costs shall not operate as a stay of proceedings; but in case the pleading party shall comply with the preliminary notice to give security for costs, or the court or a judge shall make an order for such security, the defendant shall have the same time for filing his defence after such security shall have been given, as he had at the time of the service of such preliminary notice; the time allowed to be in no case less than twenty-four hours.

See ante, p. 103.

Particulars

BILL OF PARTICULARS.

55. A copy of the particulars of plaintiff's demand, and of to be annex- defendant's set-off (if any), shall be annexed by the attorney to the abstract for Nisi Prius, at the time of lodging the same with the judge's registrar.

ed to abstract

for Nisi

Prius.

Rule for

COPY OF DOCUMENTS.

56. If any party, having required a copy of any deed or docucosts of copy ment, shall not pay for the same on the tender thereof, the opposite party may enter a side-bar rule to lodge such copy with the Master, and for the costs of such copy and rule.

furnished.

Time for pleading

after copy furnished.

57. When any party shall have served a notice, requiring a copy of any deed or document, he shall have the same time for filing his pleading after compliance with such notices as he had at the time of service thereof, such time to be in no case less than twentyfour hours.

See ante, p. 64.

Notice for the admis

sion of documents.

R. G., H. T.. 1853, r. 29.

58. The form of notice to admit documents referred to in the Common Law Procedure Amendment Act (Ireland) 1853, section 118, may be as follows:

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Defendant j

Take notice that the Plaintif in this cause proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the Defendant, his attorney or agent, between the hours of

at

on

Plaintiff,

Plaintiff f

and the Defendant is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated, &c.

To E. F.,

Attorney
for{Defendant.

Plaintiff.

G. A.,

Attorney
for{

f Plaintiff.
Defendant.

[Here describe the documents, the manner of doing which may be as follows]:—

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When to be tested and

WRIT OF INQUIRY.

59. Every writ of inquiry shall be tested of the day it acreturnable. tually issues, and may be made returnable at any time within three months from the day of issuing the same.

Notice of speeding, what to state.

Form of notice.

Order for

60. Notice of speeding an inquiry before the sheriff or master shall state that the inquiry will be had at a certain place, and on a certain day, and between certain hours specified therein; but in case the sheriff or master shall be unable to proceed thereupon in consequence of other business, he shall be at liberty to adjourn the same from day to day until same can be heard; and in cases where either party shall have counsel to attend on such inquiry, notice thereof shall be given in writing to the opposite party two days before the time fixed for proceeding with such inquiry.

61. Notice of speeding an inquiry before a Judge, shall be in the same form, mutatis mutandis, as notice of trial at Nisi Prius. 62. In case it shall appear to the Court, on the application of special jury. either plaintiff or defendant by motion on notice, that it would be proper that the trial of any inquiry, whether before a Judge or the sheriff, should be by a special jury, an order shall be made accordingly, in which such provision shall be made as to costs or otherwise as the Court may think fit, and such jury shall be empanelled in the same manner as special juries at Nisi Prius trials.

Execution not stayed

unless notice of motion given.

If notice of motion be

given, plain

tiff shall not

proceed for six days.

See ante, p. 106.

63. Where a Sheriff or other officer shall upon the speeding of a writ of inquiry, give a certificate under the 100th section of the Common Law Procedure Amendment Act (Ireland), 1853, the plaintiff shall be at liberty to proceed as if no such certificate had been given, unless the defendant shall, within ten days after the speeding of the inquiry, serve notice of motion to set aside the inquisition.

64. Where the sheriff or other officer shall refuse to grant a certificate under the 100th section of the Common Law Procedure Amendment Act (Ireland), 1853, if the party whose application for such certificate shall be refused, shall thereupon give to the opposite party notice of his intention to apply to a Judge for an order under the said section, the opposite party shall not be at liberty to proceed under the said section until the expiration of six days after the day of the finding; but unless the party so expressing his intention shall within the said six days serve notice of such motion, specifying the grounds of the application, the opposite party may then proceed to judgment and execution, as authorized by the said section.

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