Report, contents of. Master may open refer ence on terms. Rule to confirm report. Notice to to state shall find to be impertinent, prolix, or scandalous; and if the Master shall find the same not to be impertinent, prolix, or scandalous, he shall make an entry in his book to that effect, and the costs of such summons shall be in the discretion of the Master, and shall be enforced in the manner directed by the 161st rule. 169. The Master's report on a reference shall specify any charge and discharge upon which the parties may have proceeded before him, and shall contain a schedule of the evidence adduced on both sides. 170. The Master shall be at liberty to receive further evidence as to any new matter depending before him, notwithstanding he may have issued his summons to settle his report, and shall be at liberty in every such case to order such sum for costs as he shall think reasonable to be paid by the party producing such further evidence, or in consequence of whose proceedings such further evidence may have been required; and in case such costs shall not be paid on demand the party entitled to same may recover such costs in the manner mentioned in the 161st rule. 171. The Master's report, when settled, shall be engrossed, and when signed, shall be filed; and on production of a certificate of the filing thereof, the party may enter a rule to confirm such report, unless cause in four days after service of the said rule, and the mode of showing cause against the conditional order to confirm the Master's report shall be the same as directed by rule 174, in the case of showing cause against a conditional order to confirm an award, mutatis mutandis. 172. Every notice of motion to show cause against a conditional show cause, order to confirm the Master's report, or to set aside or vary such report, shall specify the grounds on which it is intended to appeal against such report. grounds. AWARD. Confirming and enfor 173. Where any matters shall have been referred to arbitration cing awards. pursuant to statute 10 William III., c. 14, and an award shall have been made, the party desirous of enforcing the same shall, before the last day of the term next ensuing the publication of such award, enter a side-bar rule to confirm the same, unless cause in six days after service of the award and order; and if no cause be shown, such rule may be made absolute on production to the officer of an affidavit of such service, and thereupon a demand of performance of the award shall be made by notice; and in case it shall be necessary, the party seeking to enforce the award shall be at liberty to apply to the Court, on affidavit, stating the orders, services, and demand, hereinbefore specified, and the non-compliance therewith for an attachment, or for an order for payment of the amount awarded; and such order shall be made accordingly, and shall be absolute in the first instance, and shall specify the time within which such award shall be performed or money paid. The period for confirming an award under this section is limited to the last day of the term next ensuing after the publication of the award; and the word, "term," does not include the immediate subsequent vacation (Moore v. Moore, 5 Ir. C. L. R., 94, 311). As to a demand of performance, see Sykes v. Hague, 2 Scott, 193. cause award. 174. Where any party shall have been served with a con- Showing ditional order to confirm an award, if he mean to show cause against conagainst the same he shall, within the time limited by the order, firmation of serve notice of motion for that purpose, which notice shall specify the grounds of objection to the award, and any affidavit or other documents he may intend to rely upon; and he shall proceed to move such notice according to the course of the Court; whereupon the party who has obtained said conditional order may file any affidavits in answer, or give notice of relying on any documents he may think fit to oppose the said motion. It will not be sufficient if the notice merely states that the award is not final. The party showing cause will not be permitted to go into anything which does not appear in his notice, or on the face of the award itself (Wilson v. Doolan, 5 Ir. Jur. O. S., 135). verdict of 175. Where matters shall have been referred to arbitration by Award to be a consent at a trial, after the jury shall have been sworn, con- entered as taining a provision that the award shall be entered as the verdict jury in cerof the jury, the Judge's Registrar shall, on production of the tain cases. award, and an affidavit of the perfection thereof, endorse the postea upon the abstract for Nisi Prius accordingly, whereupon judgment may be marked and execution issued as upon a verdict in ordinary cases. refer matters 176. No consent to arbitration signed solely by the attorneys in Attorney to a cause shall be made a rule of Court, if the same be conversant in the cause of other matters than those in the cause in which they are attor- only to neys; without prejudice to any more enlarged consent being entered into in open Court before a Judge of Nisi Prius, and subsequently made a rule of Court. COMPROMISE. arbitration. com 177. Where in any action or proceeding a compromise shall Rule to prohave been pending, unless when the same shall have been by ceed, parol, no further proceedings shall be taken by either party promise off. without first entering and serving a rule for liberty to proceed, compromise being off. Continuance year and a day. See R. G. H. T. 1853, r. 176. As to the distinction between mere negotiations and a compromise pending, see Hanbury v. Jones, 15 Ir. C. L. R., 442; Riddall v. Crawley, Ir. R. I C. L. R., 4; and see Parker v. Bell, 2 Ir. Jur. N. S. 330. CONTINUING PROCEEDINGS BEFORE FINAL 178. Where after defence filed, and before final Judgment shall of proceed- have been marked, no proceeding shall have been taken in any ings after a action for one year and a day, by either plaintiff or defendant, and no compromise shall be depending, neither party shall be at liberty to proceed until he shall have served on the opposite party a rule for liberty to proceed, unless cause in eight days after service; and such rule may be obtained in the office at any time within two years from the last proceeding, on an affidavit of the facts; but after the lapse of two years the party requiring such rule shall serve notice of motion, and apply to the Court for same. The General Order does not apply to cases where more than a year and a day has elapsed since the service of the summons and plaint without a defence having been filed, and the plaintiff is desirous of marking judgment. As to the course to be adopted in such cases, see ante, p. 36. A defendant may also file his defence although no proceeding has been taken for a year and a day without entering a rule under this section (Graves v. Mercer, Ir. R. 5 C. L. 107). In other cases if either party is desirous of proceeding, he must serve the rule or notice of motion as the case may be, prescribed by the above order. In Killinger v. Butler, 6 Ir. C. L. R. 384, it was held that although the notice of motion for liberty to proceed after the lapse of two years may be served on the opposite attorney, yet the Court will, when the notice is served, give a conditional order only, which must be personally served upon the party. If, however, the notice of motion is personally served upon the opposite party the order will be absolute in the first instance (Goodman v. Goodman, 2 Ir. Jur. N. S. 232). When leave to proceed is sought for after the lapse of several years, the delay which has taken place must be accounted for. Want of means is not per se a sufficient excuse; a reasonable and probable cause for the success of the suit must be shown (Kennedy v. Gregg, 4 Ir. C. L. R. 132); and if it appears that the opposite party has been prejudiced by the delay -as, for instance, if several of his witnesses have left the country, leave will be refused (O'Callaghan v. O'Callaghan, 12 Ir. C. L. R. Ap. 46). Where, however, the delay is not attributable to the party applying for leave, as, for instance, where an order to stay the proceedings had been obtained by the opposite party, the result will be different (Kelly v. Slator, 8 Ir. Jur. N. S. 92); and c. f. Gardiner v. Feuge, 5 Ir. Jur. N. S. 241. The provisions of the order are applicable where a defendant serves notice of trial by proviso (Gardiner v. Gardiner, 14 Ir. C. L. R. Ap. 31). In such cases it is not a ground for discharging the order that the defence put forward by the defendant, and on which he seeks to go to trial, is not a meritorious one (Marsh v. Williams, 7 Ir. C. L. R. 99). As to what is a "proceeding" within the meaning of the order, it would appear that the order does not apply where the party merely moves to set aside proceedings (Lumley v. Flempson, 6 Dowl. 558); neither does it apply to proceedings after verdict (Newton v. Boodie, 3 C. B. 795). It does, however, apply where a plaintiff seeks to execute a writ of inquiry after the lapse of a year and a day from the recovery of an interlocutory judgment (Peyton v. Burdus, 2 Str. 1100). SETTING ASIDE PROCEEDINGS FOR IRREGULARITY. proceedings, 179. No application to set aside proceedings for irregularity Application shall be allowed, unless made within a reasonable time; nor if to set aside the party applying, or the opposite party, have taken a fresh step not after step after knowledge of the irregularity; and every notice of such taken. motion shall point out the irregularity complained of. As to setting aside proceedings for irregularity, see sects. 16 & 231 of the C. L. P. Act, 1853, and the notes thereto. Applications to amend pleadings are not within the order (Welsh v. Hall, 9 M. & W 14). PROCEEDINGS IN FORMA PAUPERIS. R. G. H. T.. 1853, r. 135, 136. when 180. At any time, whether before or after the commencement Liberty to of an action, the Court may allow any part to remove into such sue or defend Court any proceeding from an inferior Court, and prosecute or obtained. defend same in forma pauperis. See R.G.H.T. 181. Every application for liberty to sue in forma pauperis Grounds of shall be by motion without notice, grounded on affidavit, stating application. the cause of action, and that the party is unable from poverty to 1853, r. 121. prosecute or defend, or remove and proceed with the action (as the case may be), and so detailing his circumstances that the Court may be enabled to judge of the grounds of such statement as to poverty, and shall be accompanied by the certificate of Counsel, that in his opinion the party has a good cause of suit or defence; and if such application be made before action brought or cause removed, the same shall be by petition, verified by affidavit. 182. In all cases not within the statute 10 Car. I., sess. 2, Costs may be awarded chap. 17, s. 2, in case the Court shall think the conduct of a party against pausuing or defending as a pauper vexatious or improper in any per for proceeding, it may order that he shall pay the costs of such pro- vexatious ceeding, or that his proceedings be stayed until such costs shall have been paid. conduct. late to parti 183. An order giving permission to prosecute or defend, or Order to reremove any suit in forma pauperis, shall not be deemed an cular suit authority to prosecute, or defend, or remove any suit except the only. particular suit specified. Upon whom summons and plaint in ejectment on title, to be served. Contents of affidavits of service of served. EJECTMENT. 184. The writ of summons and plaint in ejectment on the title shall be served on every person in possession of the lands sought to be recovered, or any part thereof, or in receipt of the rents and profits of the same, or any part thereof, or who shall claim to be entitled to the present receipt of the same, or of any part thereof. 185. In every affidavit of service of a writ of summons and plaint in ejectment on the title, it shall be stated that the depoejectment on nent knows not of any person other than those who have been title, to be served, who is in possession of the lands sought to be recovered, or any part thereof, or in receipt of the rents and profits, or any part thereof, or claiming to be entitled to the present receipt of the same, or any part thereof, and which statement shall be verified by the affidavit of the attorney of the plaintiff, and also of the person, or one of the persons by whom he was employed to bring the ejectment. Upon whom summons ejectment for rent to be served. 186. The writ of summons and plaint in ejectment for nonand plaint in payment of rent, shall be served on the tenant under the lease or instrument sought to be evicted and his assignee, and on every person in possession, or in receipt of the rents and profits of the premises sought to be recovered, or any part thereof; and also on any mortgagee of such premises, whose mortgage shall have been registered within six calendar months from the perfection thereof; and also the assignee of any such mortgagee, whose assignment shall have been in like manner registered. Contents of affidavit of service in rent. 187. In every affidavit of service of the writ of summons and plaint in ejectment for non-payment of rent, it shall be stated ejectment for that the deponent knows not of any person other than those who have been served, who is tenant under the lease or instrument sought to be evicted, or assignee thereof, or in possession or receipt of the rents and profits of the premises sought to be recovered, or any part thereof; or mortgagee thereof whose mortgage has been registered within six calendar months from the perfection thereof, or assignee of any such mortgagee whose assignment hath been in like manner registered, and which statement shall be verified by the affidavit of the attorney of the plaintiff, and by the person, or one of the persons, by whom he was employed to bring the ejectment. Writ, how to be served. 188. The writ of summons and plaint in ejectment may be served personally on any party to be served therewith, whereever he may be found within the jurisdiction, or at his usual place of residence, wherever it may be within the jurisdiction, on his servant, or on his wife, child, or other member of his family, being an inmate of the house, and aged sixteen years and upwards; and in all cases where such service shall not have been |