the-ordinances-of-the-legislative-counci-1890 — Page 100

64 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
Requisites of manner filed in the office of the Registrar within the time aforesaid : and such declara
declaration.
tion 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 argumen
tative 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 pay
ment of costs, as the Court shall direct.

Time ofpleading. 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
Requisites ofplea. 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.


Declaration to be 43. And be it further enacted and ordained , that in all suits and actions where
filed in
Registrar's office the defendant, having been served with a copy of the writ or process therein, has not
if defendant do
not appear. 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.