Time of fil-
declaration,
left at his place of business, shall be valid and effectual, excepting where personal service upon either party is by any proceeding, order, or practice of the said Court specially required and provided and all such summonses, demands, notices, and other proceedings shall be served before six o'clock at night,
XIV. That in all suits and actions where the Defendant ing Declaration has entered an appearance to answer any complaint or or Claim. demand, the declaration or claim of the Plaintiff shall be filed in the office of the Registrar, and notice thereof shall be given to the Defendant or his Attorney, within one month after such appearance, in default whereof the Plain- tiff shall be barred from declaring or making claim; and where the Defendant does not appear to the sail 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 aforesail Requisites of and such declaration or clain shall correspond with the writ of summons or other process in every material point, and shall state truly and concisely the name and descrip- tion of the party auing, 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 shewn to the Court, shall be struck out of the declaration or claim, with or without the payment of costs, as the Court shall direct. XV. That in all cases where the Defendant has appeared or an appearance has been entered for him by the Plaintiff, 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 (un- less, 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 jug- Requisites of ent: and in case the said Defendant shall, within the plea.
time hereby limited, plead to the said declaration, he shall in his plea either admit or 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 shewn to the Court, shall be struck out of the plea, with or without payment of costs, us the Court shall direct.
Time of Plend. ing.
XVI. That the Plaintiff shall be at liberty, after the Within what time Plaintiff to filing of the plea, answer, or demurrer of the Defendant, reply.
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 or other Judge 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. Rejoinder-
XVII. That if the replication of the said Plaintiff shall in what case, contain any new matter, the Defendant shall be allowed to within rejoin to the said replication, but not otherwise, unless what time.
with leave of the Court, or Chief Justice or other Judge thereof at Chambers, for that purpose given; and such rejoinder of the Defendant shall be filed, and notice thereof
atad
given, within eight days after the filing and notice of the replication or answer of the Plaintiff, unless, upon appli- cation to the Court, or to the Chief Justice or other Judge thereof, further time be given for that purpose; and in default thereof, and after the expiration of twenty-four hours after a written demand theroof, the Defendant shall be barred from rejoining thereto, and the Plaintiff shall be
at liberty to sign judgment.
Judgment
the
XVIII. That whenever it shall happen that the Plain- tiff, by his default, shall be barred from declaring or making against claim, and that the Defendant, by reason of such default, plaintiff for not shall be at liberty to sign Judgment against him for not proceeding in 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.
the cause.
XIX. That whenever either party in the cause shall, Consequences
by his default, be barred from declaring or making claim, of default, and
pleading, answering, replying, or rejoining, as the case how remedied. 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
or other Julge 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 or other Julge, upon such terms as the said Chief Justice or other Judge shall impose.
Time to de-
XX. That either party may, upon application to the Chief Justice or any other Judge of the said Court at clare, or pleed, Chambers, obtain time to declare, or make claim, plead, e, how ab 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,
tained.
Pleadings to
or other Judge, and upon such ternas as he shall impose.
XXI. That all pleadings in any civil case shall be sigued by a Barrister, and filed with the Registrar of the he signed by said Court within the office hours on the day on which Counsel - time of filing plead- the same should by practice of the sail Court be filed; and either party in the cause may at all reasonable times ings. search for such pleadings, and ask for and obtain copies of the same at his own expense.
XXII. That there shall be annexed to the declaration
Schedule of
amexed
to
and pleadings, in overy civil cause, a schedule of all doen- documentary, ments or papers which the Plaintiff and Defendant respec- evidence to be tively propose to give in evidence upon the trial of the
pleadings. 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. That where any proceeding in a cause has been
Setting aside irregular or improper, it shall be competent to the party proceedings for complaining of the irregularity, before taking any further irregularity. step therein, to apply to the Court, in tern time, for a rule, or to take out a Summons before the Chief Justice or other Judge at Chambers, in vacation, calling upon the opposite party to shew cause why the proceeding should Judge, not be set aside for irregularity; and the Court or upon service of such rule or summons, shall make such further rule or order therein as shall seem fit.
Setting down
XXIV. That where, after the written pleadings in any suit or action are closed, and the facts therein stated being Cases for Argu admitted, the law arising therefrom only is dispute, ment 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 ar gument; and for that purpose shall give a note thereof to the Registrar of the Court, containing the names of the Parties, their Counsel, and Attorneys, four days at least before the day appointed for argument, and shall at the same time deposit with the said Registrar, for the use of
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