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Requisites of declaration.
Time of pleading.
Requisites of plea.
Declaration to be filed in Registrar's office if defendant do not appear.
ORDINANCE No. 15 of 1844.
Supreme Court.
claim; and where the defendant does not appear to the said process, and an appearance shall have been entered for him by the plaintiff, the declaration or claim shall be in like manner filed in the office of the Registrar within the time aforesaid: and such declaration or claim shall correspond with the writ of summons, or other process, in every material point, and shall state truly, and concisely, the name and description of the party suing, and the right in which he sues; the name of the defendant, and the right in which he is sued; the nature, extent, and grounds of the cause of action, complaint, or demand, and such conclusions as, according to the form of each particular suit, or action, the plaintiff shall by law be entitled to deduce therefrom; and if any argumentative or irrelevant matter be stated in the declaration, or claim, the same being shown to the Court shall be struck out of the declaration or claim, with or without the payment of costs, as the Court shall direct.
42. And be it further enacted and ordained, that in all cases where the defendant has appeared he shall plead, or answer, within eight days next after the filing of the plaintiff's declaration or claim, and notice thereof served on the said defendant or his attorney (unless upon application to the Court, or to the Chief Justice at chambers, further time be granted to the defendant for that purpose): Provided due notice to plead has been given to the defendant, and provided also, that a written demand of plea has been served by the plaintiff or his attorney on the opposite party after the expiration of the said eight days, and twenty-four hours have elapsed after the service of the said demand; in default whereof the defendant shall be barred from pleading or answering thereto, and the plaintiff shall be at liberty to sign judgment: and in case the said defendant shall, within the time hereby limited, plead to the said declaration, he shall in his plea either admit, deny, or confess and avoid, all the material facts alleged in the declaration or claim of the said plaintiff, and shall clearly and concisely state and set forth the same; and if any argumentative or irrelevant matter be stated in the said plea, the same being shown to the Court, shall be struck out of the plea, with or without payment of costs, as the Court shall direct.
43. And be it further enacted and ordained, that in all suits and actions where the defendant, having been served with a copy of the writ or process therein, has not appeared within the time prescribed by the same, the declaration or claim shall be filed by the plaintiff or his attorney in the office of the Registrar of the Court, having endorsed thereon "Filed for default of appearance, G. H. plaintiff's attorney, No. Street, Victoria," or "A. B. of plaintiff;" and a copy of the said declaration or claim shall be served upon the said defendant, or, in case he cannot be found, shall be left at his dwelling house or place of abode, together with a notice in writing subjoined thereto, and signed by the plaintiff or his attorney, and containing his address, informing the defendant that the said declaration or claim has been filed by the plaintiff on his default; and also containing a notice that the defendant must plead, or answer thereto, within eight days after such service; and that in default thereof he will be debarred from pleading or answering thereto.