authority to administer oaths and take affidavits, shall be verified by affidavit, or by the certificate of a Notary Public. affidavit for 147. All applications to refer affidavits for prolixity, scandal, Reference of or impertinence, shall be made by motion, without notice, prolixity, grounded on the certificate of Counsel. &c. ments to be 148. All affidavits, documents, or proceedings, filed in any of All doenthe offices of the said Courts, of which it shall be necessary to considered as serve notice, and deliver copies, pursuant to the statute 13 Vic., filed as of day c. 18, s. 44, shall be considered as filed only on the day of such of notice. service and delivery. In serving copies of affidavits to be used upon motions, care must be taken that the copy served is a full and complete copy. An omission of the jurat is a fatal omission (Synan v. Moriarty, 1 Ir. C. L. R., 496) ; and the filing of an affidavit in reply to such affidavit does not preclude the party taking advantage of the informality (Birch v. Somerville, 2 Ir. C. L. R., 67). REMOVAL OF SUITS (EXCEPT REPLEVIN) FROM INFERIOR COURTS. remove suits 149. No Writ of Habeus Corpus cum causa shall issue for the Certiorari to purpose of removing any action or suit before judgment from from inferior any inferior Court of Record into any of the said Courts; but courts of the mode of removing such action or suit, except replevin, shall record. be by writ of certiorari, which shall be issued by the proper officer on production of an affidavit that the same is not sought for the purpose of vexation, oppression, or delay, but bona fide, and without collusion. return 150. On the filing of a writ of certiorari, with a return Proceedings thereto, when the same shall have been issued by the defendant, after revuari. the plaintiff may, whether in Term or Vacation, file a summons and plaint against the defendant, in the Court in which such certiorari is returnable; and in default of defendant's filing a defence within eight days after service of the notice of the filing of such summons and plaint, the plaintiff, on a certificate of no defence, may have judgment thereon; and the Taxing Officer shall tax the plaintiff's costs, as well in the inferior as in the superior Court. And in no case shall a procedendo issue, except by order of the Court on motion upon notice; and no rule for bail in the Superior Court shall be entered. certiorari. 151. In case the Judge or Officer presiding in the inferior Rule to Court shall not return the writ of certiorari within the time return limited thereby, a side-bar rule may be entered, that such Judge or Officer shall return the writ within two days after service, or that an attachment shall issue. And in case he shall not accor Time when summons and plaint to be filed. Affidavit to ground habeas corpus, dingly return the writ, or show cause against the rule, an attachment shall issue, on the production to the proper officer of an affidavit of the service of such rule, and of the non-compliance therewith. 152. Where the writ of certiorari shall have been issued by the plaintiff and returned, or by the defendant, if the plaintiff shall not file a summons and plaint in the superior Court, within two months from the time of the return of the writ, exclusive of the holydays in the 232nd section of the Common Law Procedure Amendment Act (Ireland), 1853, the defendant may enter the Rule authorized by the 38th section of the said Statute. REMOVAL OF PRISONERS. 153. No writ of Habeas Corpus shall issue to remove any defendant from the custody of any Sheriff or Coroner, for the contents of purpose of having such defendant committed to the custody of the Marshal of the Marshalsea, unless an affidavit shall be made and filed by the attorney employed to sue out such writ of Habeas Corpus, stating on whose behalf such writ shall be applied for, and the particulars of the several writs under which such defendant shall be detained in custody, and that the application for such writ of Habeas Corpus is made bona fide on behalf of such defendant, and without any collusion on the part of the plaintiff in any such writ, or any third person whomsoever; and when any application shall be made for such writ of Habeas Corpus on behalf of the plaintiff in any writ under which any defendant shall be detained in custody, or on behalf of any third person, such writ shall not be granted unless upon order made by the Court, grounded upon affidavit, setting forth the reasons for making such application, and the grounds on which it is desired such writ should issue. Notice of the Clerk of the Rules 154. Where any defendant shall be brought up under any committal to writ of Habeas Corpus to be committed to the custody of the Marshal of the Marshalsea of the Four Courts, due notice thereof and Marshal. shall be given to the Clerk of the Rules and to the Marshal, that they may attend to have the said defendant committed; and the said defendant shall be committed by the Clerk of the Rules accordingly. Committal book to be kept in rules' office. 155. Where a defendant shall have been committed by any of the said Courts under a writ of Habeas Corpus, he shall thereupon stand committed under every writ mentioned in the return of such writ of Habeas Corpus without any rule; but a memoandum shall be entered in a book, to be kept for that purpose by the Clerk of the Rules, stating the committal, and the particulars of the writs under which the defendant stands committed. SUGGESTIONS. entered. 156. In all cases within the 147th section of the Common Law Suggestion Procedure Amendment Act (Ireland), 1853, the plaintiff may, as how to be of course, enter a suggestion without any rule; and in all other cases where a suggestion may be necessary, save when otherwise provided for by the said Act, an application shall be made to the Court by motion on notice to all parties who have appeared in the action, or their representatives; and all suggestions shall be prepared and signed by Counsel, and the Taxing Officer shall allow a fee to him for preparing same. The construction of this order was discussed in M'Mahon v. Ellis, 12 Ir. C. L. R. 437, where it was held that it was not necessary in cases within the 156th sect. of the C. L. P. Act, 1853, to obtain the leave of the Court before filing the suggestion prescribed by that section; and it would appear that the order in question does not apply to the several suggestions which a party is enabled to enter, pursuant to the provisions of the C. L. P. Act, 1853, in case of the death, &c., of any of the parties to the record. These suggestions may therefore be entered, as of course, in all cases, except where the Act provides that the leave of the Court shall be first obtained, and in such case the application may be made ex-parte. In all other cases however the leave of the Court must first be obtained. Sometimes a suggestion is traversable or may be demurred to; sometimes not. It is not easy to lay down any general rule upon the subject. In some cases it is expressly provided by statute that a suggestion shall not be traversable, as for instance in the several cases where suggestions of the death of the parties in proceedings in error are allowed to be entered under sections 183-186 of the C. L. P. Act, 1853. When the matter of the suggestion belongs to the Court, and has to be determined by it, as for instance in the case of a suggestion under section 196 of the C. L. P. Act, 1853, for the purpose of changing the venue in ejectment, the suggestion cannot be traversed. In such cases the suggestion should in general be followed by a confession, or nient dedire. See Barnewall v. Sutherland, 9 C. B. 380, 391, per cur. On the other hand, when a suggestion is made for the purpose of introducing a new party upon the record, and so creating a new liability, or a new right, the suggestion is traversable (Bartlett v. Pentland, 1 B. & Ad. 704; and see Barnewall v. Sutherland, ubi supra). 157. The 147th section of the Common Law Procedure Amend- Original ment Act (Ireland), 1853, shall be applicable to the case of a first breaches or original suggestion of breaches, as well as to the case of a fur- gested. ther or additional breach. may be sug Case stated, how to be set down. Master's to be kept as to references. CASE FROM COURT OF EQUITY. CASE UNDER 16 AND 17 VIC., CAP. 113. 158. Where a case shall have been sent from a Court of Equity to any of the said Courts for their opinion, or where a case shall have been agreed upon under the Common Law Procedure Amendment Act (Ireland), 1853, the party having the carriage of the order shall proceed to make up books for the Judges, and set down the case for argument, in the same manner as directed by the 50th Rule with reference to demurrers. REFERENCE TO THE MASTER. 159. The Master shall keep a book, to be called the "Master's entry book Entry Book," in which shall be entered, under proper dates from day to day, ali references before him, specifying the meetings thereon, and the Counsel, Attorneys, and parties who may appear before him, and to which he shall add, in his own writing, the points ruled, or opinions finally expressed by him, so that such book may afford a clear record of the proceedings before him, and prevent any doubt as to what may have been disposed of at any previous meeting, and on all occasions, when it shall be deemed necessary, such book shall be produced in Court. Mode of on re ference. 160. The arrangement and regulation of the course of proproceeding ceeding under each reference shall be wholly subject to the control and direction of the Master, and he shall proceed with the reference made to him as speedily as the nature thereof, and the business of the office will allow, and shall continue the attendance upon each summons from hour to hour, and from day to day consecutively, but so as not to cause unreasonable delay in other matters; and on every adjournment fixed from time to time by the Master, the parties shall attend without a further summons, Proceeding unless the Master shall otherwise direct; and the Master may also proceed ex-parte in case of non-attendance, after summons or notice, of any person bound or entitled to attend, provided the matter of the reference will admit of that course. ex-parte. When pro ceedings adjourned, costs of the day may be given against party in default. 161. Where by reason of the non-attendance of any party, or of one or more of the attending parties not being fully prepared, the Master shall be unable to proceed at the time appointed by him, and shall not deem it expedient to proceed ex-parte, he shall be at liberty to order such sum for the costs of the day as he shall think reasonable to be paid by the person in default, or by his attorney personally, as the Master in his discretion shall think fit; and in case the same shall not be paid on demand, the party entitled to such costs, on producing to the Clerk of the Rules the certificate of the Master stating the amount of such costs, and by whom and to whom the same are to be paid, and an affidavit of demand and refusal to pay, may enter a side-bar rule that the amount of the said costs, and the costs of the rule shall be paid by the party liable thereto. be lodged 162. A copy of every order whereby any matter is referred to Order of the Master, shall be lodged in his office for the purpose of the reference to reference; and if the party who has the carriage of the order with shall not proceed thereunder with due diligence, the Master shall Master. be at liberty, upon a summons being issued by any person interested in the subject of the reference, to commit to such person the carriage of the order, and such person shall from thenceforward have the carriage thereof. be verified. 163. All charges and discharges shall be signed by the party Charzes and filing the same, and the contents thereof shall be verified by the discharges to oath or affirmation of such party, unless the Master under special circumstances shall deem it proper to order the same to be filed upon the signature and oath of any other person, or without signature and oath; and all such charges and discharges shall be filed within such time as the Master shall direct. mode of 164. Whenever the discharge of any party to any charge shall If discharge not be filed within the time allowed for that purpose, the party not filed, filing the charge shall be at liberty to issue a summons, and pro- proceeding. ceed on the charge. 165. After a charge and discharge shall have been filed, Summons to either party shall be at liberty to issue a summons for proceeding proceed on thereon. charge and discharge. examine vira voce. 166. The Master shall be at liberty, if he shall think fit, to Master may examine on oath, viva voce, the parties to any reference, and any person interested therein, and any witness produced; and a subpana for the attendance of any witness before the Master shall be issued by the Clerk of the Writs as required; and the evidence of such party, person, or witness in all cases shall be taken down at the time by the Master, and preserved in the Master's Office, in order that same may be used if necessary. 167. All affidavits which have been previously made and read Affidavit filed in the in Court upon any proceeding in a cause or matter, may be used cause may be before the Master; and upon every inquiry before him it shall used. be in his discretion to determine what further affidavits (if any) shall be received. document may be into. 168. When any party complains of any matter introduced into Prolixity, any charge, discharge, or other document before the Master, on &c., in the ground that it is impertinent, prolix, or scandalous, the same shall be brought before the Master by notice, specifying the inquired particular passages objected to; and such party shall be at liberty forthwith to issue a summons for the Master to examine into such matter, and the Master shall have authority, without further rule or order, to expunge any such matter which he |