the-ordinances-of-the-legislative-counci-1890 — Page 101

ORDINANCE No. 15 OF 1844 . 65


Supreme Court.


44. And be it further enacted and ordained , that the plaintiff shall be at liberty, Within what
time plaintiff
after the filing of the plea, answer, or demurrer, of the defendant, forthwith to reply to reply.
thereto, and shall be obliged to reply or answer thereto within eight lays 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 replica
tion 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 Rejoinder :-in
what cases and
plaintiff shall contain any new matter, the defendant shall be allowed to rejoin to the within what
time.
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 Judgment
against the
the plaintiff, by his default, shall be barred from declaring or making claim, and that plaintiff for not
proceeding in
the cause.
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 Consequences of
default and how
cause shall, by his default, be barred from declaring or making claim pleading, answer remedied.

ing, 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 applica Time to declare,
or plead, &c.,
tion to the Chief Justice of the said Court at chambers , obtain time to declare, or make how obtained.

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, Pleadings to be
signed by
shall be signed by a barrister, and filed with the Registrar of the said Court, within the counsel, time of
filing pleadings.
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.