ORDINANCE No. 15 OF 1844.
Supreme Court.
44. And be it further enacted and ordained, that the plaintiff shall be at liberty, after the filing of the plea, answer, or demurrer, of the defendant, forthwith to reply thereto, and shall be obliged to reply or answer thereto within eight days after the filing and notice thereof, unless upon application to the Court or to the Chief Justice thereof at chambers, further time be given to him for that purpose; and in default thereof, and after the expiration of twenty-four hours after a written demand of replication has been made and served by the defendant or his attorney, the plaintiff shall be barred from replying or answering thereto, and the defendant shall be at liberty to sign judgment of non pros.
45. And be it further enacted and ordained, that if the replication of the said plaintiff shall contain any new matter, the defendant shall be allowed to rejoin to the said replication, but not otherwise, unless with leave of the Court, or Chief Justice at chambers, for that purpose given; and such rejoinder of the defendant shall be filed, and notice thereof given, within eight days after the filing and notice of the replication or answer of the plaintiff; unless upon application to the Court, or to the Chief Justice thereof, further time be given for that purpose; and in default thereof, and after the expiration of twenty-four hours after a written demand thereof, the defendant shall be barred from rejoining thereto, and the plaintiff shall be at liberty to sign judgment.
46. And be it further enacted and ordained, that whenever it shall happen that the plaintiff, by his default, shall be barred from declaring or making claim, and that the defendant, by reason of such default, shall be at liberty to sign judgment against him for not proceeding in the said cause, such judgment shall be signed and entered in a book kept by the Registrar for that purpose: and thereupon the said defendant shall proceed to tax the costs of the said cause against the plaintiff.
47. And be it further enacted and ordained, that whenever either party in the cause shall, by his default, be barred from declaring or making claim pleading, answering, replying, or rejoining, as the case may be, the pleadings therein shall be considered as closed: Provided, however, that the party in default may, at any time before final judgment, by order of the Chief Justice of the said Court, purge his said default, and be admitted to declare or make claim, plead, answer, reply, or rejoin, upon an affidavit of merits and other sufficient grounds, to the satisfaction of the said Chief Justice, upon such terms as the said Chief Justice shall impose.
48. And be it further enacted and ordained, that either party may, upon application to the Chief Justice of the said Court at chambers, obtain time to declare, or make claim, plead, answer, reply, or rejoin, or an order to amend the pleadings, or schedule thereto annexed respectively, upon sufficient cause shown to the satisfaction of the said Chief Justice, and upon such terms as he shall impose.
49. And be it further enacted and ordained, that all pleadings, in any civil case, shall be signed by a barrister, and filed with the Registrar of the said Court, within the office hours, on the day on which the same should, by any rule or practice of the said Court, be filed, and either party in the cause may, at all reasonable times, search for such pleadings, and ask for, and obtain copies of the same, at his own expense.
Within what time plaintiff to reply.
65
Rejoinder :-in what cases and within what time.
Judgment against the plaintiff for not proceeding in the cause.
Consequences of default and how remedied.
Time to declare, or plead, &c., how obtained.
Pleadings to be signed by counsel, time of filing pleadings,