Within
reply.
what
concisely state and set forth the same; and if any argumen- tative or irrelevant matter be stated in the said plea, the same, being shewn to the Court, shall be struck out of the plea, with or without payment of costs, as the Court shall direct.
XVI. It is further ordered, That the Plaintiff shall be at time Plaintiff to 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.
what
- in
Rejoinder
XVII It is further ordered, That if the replication of the case, and said Plaintiff shall contain any new matter, the Defendant shall within what time. 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 Plain- tiff, 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.
Judgment against
proceeding in the
cause.
XVIII. It is further ordered, That whenever it shall happen the plaintiff for not 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.
Consequences
remedied.
XIX. It is further ordered, That whenever either party of default, and how 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 ad- mitted to declare or make claim, plead, answer, reply, or rejoin, upon an affidavit of merits and other sufficient grounds, to the
satisfaction
satisfaction of the said Chief Justice, upon such terms as the said Chief Justice shall impose.
Time to declare,
obtained.
XX. It is further ordered, That either party may, upon application to the Chief Justice of the said Court at Chambers, or plead, &c., how obtain time to declare, or make claim, plead, answer, reply, or an order to amend the pleadings, or schedule thereto annexed respectively, upon sufficient cause shewn to the satisfaction of the said Chief Justice, and upon such terms as he shall impose.
time of filing
XXI. It is further ordered, That all pleadings, in any civil Pleadings to be case, shall be signed by a Barrister, (except under the cir-signed by Counsel cumstances stated in the Rule of Court, of Hilary Term, 1845,) pleadings. 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.
cause, a
XXII. It is further ordered, That there shall be annexed Schedule of docu- to the declaration and pleadings, in
mentary evidence every civil
to be annexed to schedule of all documents or papers which the Plaintiff and pleadings. Defendant respectively propose to give in evidence upon the trial of the said cause, and inspection and copies of all such documents and papers shall be given, if in the possession, or under the control, of either of the parties respectively, to the opposite party or his Attorney, upon his request, and at his
expense.
XXIII. It is further ordered, That where any proceeding Setting aside in a cause has been irregular or improper, it shall be com-proceedings for ir- petent to the party complaining of the irregularity, before regularity, taking any further step therein, to apply to the Court, in term time, for a rule, or to take out a Summons before the Chief Justice at Chambers, in vacation, calling upon the opposite party to shew cause why the proceeding should not be set aside for irregularity; and the Court, or Judge, upon service of such rule or summons, shall make such further rule or order therein as shall seem fit.
ment.
Setting down
XXIV. It is further ordered, That where after the written pleadings in any suit or action are closed, and the facts therein Cases for Argu- stated being admitted, the law arising therefrom only is disputed, either party may set down the case for hearing in the paper of cases for argument, upon giving seven days' notice thereof to his opponent previous to the day for argument; and for that purpose shall give a note thereof to the Registrar of the Court, containing the names of the Parties,
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