Directory_and_Chronicle_1871 — Page 398

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Notice to admit.

Costs.

In whose name, and how

74

RULES OF SUPREME COURT

Admission of Documents.

248. Where all parties to a suit are competent to make admissions, any party may call on any other party, by notice filed in the Court, and served under order of the Court, to admit any document, saving just exceptions.

In case of refusal or neglect to admit, the costs of proof of the document shall be paid by the party refusing or neglecting, whatever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.

No costs of proof of any document shall be allowed unless such notice has been given, except in cases where the omission to give the notice has in the opinion of the Court produced a saving of expense.

XII.-MISCELLANEOUS PROVISIONS.

Attorneys and Agents.

249. Every person doing any act or taking any proceeding in preecedings to be taken. the Court as plaintiff, or otherwise, must do so in his own name and not otherwise, and either by himself, or by his attorney, procurator, or agent thereunto lawfully authorized in writing.

Filing of power of attorney.

Person proceeding without authority.

In what names.

Place for service,

Security for costs.

250. Where such act is done or proceeding taken by an attorney, procurator, or agent, the power of attorney, or instrument constitu ting the procurator or agent, or an authenticated copy thereof, must be filed in the Court before or at the commencement of the proceedings.

Where the authority is special, and has reference only to the particular proceeding to be taken, the original document itself must

be filed.

Where the authority is general, or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.

The authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the person professing to act thereon has such authority as he claims to exercise.

251. Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorized thereunto, and knowing himself not to be so

authorized, is guilty of a contempt of Court.

Proceedings by or against Partnerships.

252. Proceedings by or on behalf of or against a partnership, solely or jointly, must be taken in the several names of the partner's as individuals, and not in the name of the firm or otherwise.

Plaintiff out of Jurisdiction.

253. Where a plaintiff, whether suing alone or suing jointly, is out of the jurisdiction of the particular Court, or is only temporarily resident within it, he must file in the Court, at or before the com- mencement of proceedings, a written statement of a fit place within the jurisdiction where notice or process may be served on him.

He must also give security for costs and fees by deposit, or by

bond, in the penal sum of 500 dollars.

The Court may at any time during the suit or proceeding, either on its own motion or on the application of any defendant, order him to give further or better security for costs and fees, and any direct proceedings to be stayed in the meanwhile.

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