S.I. No. 179/1950 - The Rules of the Circuit Court, 1950.

(1)of the Principal Act, as amended by Section 26 of the Courts of Justice Act, 1936 , shall be in the form set forth in the Schedule of Forms hereto, and shall be lodged with the County Registrar either before or at any time during the hearing. Where consent not signed. 10. Whenever an action or matter is instituted which the Court has not jurisdiction to try and determine, if the want of jurisdiction appears on the face of the originating document, the Court shall strike out the action or matter with costs, unless the Consent prescribed by Section 48 of the Principal Act has been signed. ORDER 6. PARTIES. Joinder of Plaintiffs. 1. All persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transactions, or series of transactions, is alleged to exist, whether jointly, severally, or in the alternative, where, if such persons brought separate actions, any common question of law or fact would arise ; provided that if, upon a motion on notice by any defendant, it shall appear that such joinder may embarrass or delay the trial, the Judge may order separate trials, or make such other order as may be right, and provided also that no person shall be made a plaintiff without his consent. Joinder of Defendants 2. All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative. When the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties. It shall not be necessary that every defendant shall be interested as to all the relief sought, or as to every cause of action included in any proceeding against him ; but the Judge may make such order as may appear just, to prevent any defendant from being embarrassed, or put to expense, by being required to attend any proceedings in which he has no interest. Joint and several liability. 3. The plaintiff may, at his option, join as defendants to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes. Misjoinder and Non-joinder. 4. No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Judge may in every cause or matter deal with the subject in controversy so far as regards the rights and interests of the parties actually before him. The Judge may, at any stage of the proceedings, either upon or without the application of any party, and on such terms as may appear to him to be just, order that the name of any party, whether plaintiff or defendant, who has been improperly joined, be struck out, and that the name of any person who ought to have been joined as a party, or whose presence before the Court may be necessary in order to enable the Judge to adjudicate upon and settle all the questions involved in the cause or matter, be added as a plaintiff or defendant. No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his consent in writing thereto. Every person whose name is so added as defendant shall be served with a Civil Bill or Notice in such manner as may be prescribed by any Order of the Court, and the proceeding, as against such party, shall be deemed to have begun only on the service of such Civil Bill or Notice. Infant Plaintiff. 5. An infant may sue by his next friend, and in such case there shall be lodged with the Civil Bill a written authority authorising the commencement and prosecution of the suit on behalf of the infant and the use of the name of such person as next friend, signed by such person. Infant Defendant. 6. An infant may defend by his guardian ad litem appointed for that purpose in accordance with Order 16 of these Rules. Appointment by Court of next friend or guardian ad litem 7. When proceedings have been brought on behalf of or against an infant, the Court may appoint a next friend or guardian ad litem to act for or on behalf of such infant, and may change any next friend or guardian ad litem,and appoint another in his place, and may also direct that any money or other personal property to which such infant may be declared entitled in such proceedings be secured or invested for the benefit of such infant in such manner as the Judge shall consider advisable. Persons of unsound mind. 8. A lunatic or person of unsound mind not so found by inquisition may sue by his committee or next friend, and may defend by the committee or by the guardian ad litem appointed for that purpose in accordance with Order 16 of these Rules, or by the Court. Trustees and Executors. 9. Trustees, executors and administrators may sue and be sued on behalf of, or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons ; but the Judge may, at any stage of the proceedings, order any of such persons to be made parties either in addition to or in lieu of the previously existing parties. This rule shall apply to trustees, executors and administrators sued in proceedings to enforce a security by sale or otherwise. Representative Plaintiffs or Defendants. 10. Save in actions founded on tort, when there are numerous persons having the same interest in one action or matter, one or more of such persons may sue or be sued, or may be authorised by the Judge to defend, in such action or matter, on behalf of or for the benefit of all persons so interested. Defendant in proceedings for recovery of land. 11. Where proceedings are taken for the recovery of land, any tenant, under-tenant, or other person in actual possession of the property sought to be recovered, or any part thereof, may be named as defendant and the Civil Bill shall be directed to such tenant, under-tenant, or other person, with the addition of the words " and all persons concerned ". Appearance by person not named or served. 12. Where proceedings are taken as mentioned in the last preceding rule, any person not named in or served with the Civil Bill may by leave of the Judge appear and defend at the hearing, and the Judge may thereafter deal with such person, both as to costs and otherwise, as if he had originally been served with the Civil Bill as defendant. Defendant outside the Circuit. 13. When any person residing outside the Circuit, but inside Ireland, is a necessary and proper party to a proceeding properly instituted in the Court against some person within the Circuit, such first mentioned person may be served with the Civil Bill or other document without special leave. Notice Parties. 14. Subject to the requirements of Rule 9 of Section 66 of the Chancery (Ireland) Act, 1867, wherever, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or order has been pronounced affecting the rights or interests of persons not parties to the action, the Court may direct that any persons interested in the estate, or under the trusts, or in the hereditaments, shall be served with notice of the judgment or order ; and after such notice such persons shall be bound by the proceedings, in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceedings under the judgment or order. Any person so served may within one month after such service apply to the Court to discharge, vary or add to the said judgment or order. ORDER 7. ACTIONS BY AND AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN. Partners. 1. Any two or more persons claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the respective firms, if any, of which such persons were co-partners at the time of the accruing of the cause of action ; and any party to an action may in such cases apply by notice of motion to the Court for a statement of the names, descriptions and places of residence of the persons who were, at the time of the accruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified on oath or otherwise, as the Court may direct. Disclosure of names of Plaintiff Partners. 2. When a Civil Bill is issued by partners in the name of their firm, the plaintiffs or their solicitors shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names, descriptions and places of residence of all the persons constituting the firm on whose behalf the action is brought. If the plaintiffs or their solicitors shall fail to comply with such demand, all proceedings in the action may, upon an application for that purpose, be stayed upon such terms as the Judge may direct. When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the Civil Bill, but all proceedings shall, nevertheless, continue in the name of the firm. Service on Firm. 3. Where persons are sued as partners in the name of their firm under Rule 1 of this Order, the Civil Bill shall be served either upon any one or more of the partners personally or at the principal place, within the jurisdiction, of the business of the partnership, upon any person having at the time of service the control or management of the partnership business there ; and, subject to these rules, such service shall be deemed good service on the firm so sued, whether any of the members thereof are out of the jurisdiction or not, and no leave to issue a Civil Bill against them shall be necessary ; provided that in the case of a partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the Civil Bill shall be served upon every person within the jurisdiction sought to be made liable. Partners to appear individually 4. Where persons are sued as partners in the name of their firm, they shall appear individually in their own names ; but all subsequent proceedings shall, nevertheless, continue in the name of the firm. Garnishee Order against Firm. 5. Debts owing by a firm carrying on business within the jurisdiction may be attached under Order 37, although one or more members of such firm may be resident abroad, provided that any person having the control or management of the partnership business, or any member of the firm within the jurisdiction, is served with the garnishee order. An appearance by any member pursuant to an order shall be a sufficient appearance by the firm. Actions between Firm and a Member. 6. The above Rules shall apply to actions between a firm and one or more of its members, and to actions between firms having one or more members in common, provided such firm or firms carry on business within the jurisdiction, but no execution shall be issued in such actions without leave of the Judge after motion on notice to the party so to be affected, and on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and directions given as may be just. Suing defendant by trade name. 7. Any person carrying on business within the jurisdiction in a name or style other than his own name, may be sued in such name or style as if it were a firm name ; and, so far as the nature of the case will permit, all Rules relating to proceedings against firms shall apply. ORDER 8. JOINDER OF CLAIMS. Claims not inconsistent may be joined. 1. Save as in the next succeeding Rule provided, two or more claims may be made in one originating document, either alternatively or otherwise, so long as the claims are not mutually inconsistent or based upon inconsistent allegations of fact, but, if it appears to the Judge that claims joined in any action or matter cannot be conveniently tried together, he may order separate trials or may exclude any claim, and may order the record to be amended accordingly, and may make such order as to costs as may be just. Joinder in action for recovery of land. 2. No claim may be joined with one for the recovery of land except in respect of mesne profits or arrears of rent, or double rent in connection therewith, or any part thereof, and damages for breach of any contract under which the land, or any part thereof, is held, or for any wrong or injury to the said land or any part thereof. An action for redemption, and a motion for delivery by a defendant of possession of mortgaged property therein, shall not be deemed a claim for the recovery of land within the meaning of this Rule. ORDER 9. INDORSEMENT OF CLAIM. Particulars in proceedings founded on bills or notes. 1. In proceedings on bills of exchange, promissory notes or other securities for money, the Civil Bill shall set forth the dates of the same respectively, the sums for which the same were respectively given, and the sums claimed to be due thereon for principal and interest, and the rate of such interest, the parties to the same respectively, and the dates when the same respectively became due and payable. Particulars in rent cases. 2. In all proceedings for rent and for use and occupation of land, the Civil Bill shall state the amount claimed for rent or use and occupation and the period up to which the same is alleged to be due, the name of and the place in the town or townland and the county in which the land or tenements or part thereof are situate, and, when brought upon a lease or other instrument, the date thereof and the parties thereto. Proceedings founded on other documents. 3. In all proceedings founded upon any written document not included in the two last preceding Rules, the Civil Bill shall state the date of the document and the parties thereto and, if for the payment of money, the amount claimed, or, if for the breach of any contract, the alleged breach or breaches of such contract. Abandonment of excess over jurisdiction. 4. If a plaintiff, where the amount alleged to be due to him exceeds the jurisdiction of the Court, shall be satisfied to recover such sum as is within the jurisdiction, he shall state upon the face of the Civil Bill that he abandons all claim to any larger amount, and thereupon the Court may deal with the claim, and the decree (if any) made shall be in full satisfaction of the whole of the original demand. ORDER 10. SERVICE AND ENTRY. Issue of Civil Bill. 1. A Civil Bill shall be deemed to be issued when it is handed or posted to a Summons Server, or other authorised person, for service on a defendant or defendants, or on his or their Solicitor, who has undertaken in writing to accept service thereof and enter an appearance thereto, or when the appropriate Court Order referred to in Rules 9 and 17 of this Order is made. Civil Bill to be stamped. 2. Every Civil Bill shall, before issue for service, bear stamps of the character and value prescribed by law and until so stamped shall have no effect or force whatsoever. To be served by Summons Server. Fixed service fee 3. Save as provided by Rules 9 and 17 of this Order, a copy of the Civil Bill or other originating document shall be served by one of the Officers duly appointed as Summons Servers by the County Registrar. A Summons Server or other authorised person shall not accept for service any document purporting to be a copy of a Civil Bill unless the original of such Civil Bill, duly stamped as prescribed by the last preceding Rule, be at the same time handed to him to be shown at the time of service to the defendant or other person to be served. The fee payable to such Summons Server or other authorised person shall be the sum of 5/- in respect of each separate service effected, but, where the Civil Bill is served upon two or more defendants residing in the same household, only one service fee shall be payable. Service to be personal or at the defendant's residence. 4. Save where otherwise directed or permitted, service of a Civil Bill or other originating document shall be effected upon the defendant personally wherever he is to be found within the jurisdiction, or at the defendant's residence within the jurisdiction personally upon the husband or wife of the defendant, or upon some relative or employee of the defendant over the age of sixteen years and apparently resident there. At the time of service the original Civil Bill duly stamped shall be shown to the person served. Summons Server to compare copies and indorse service on original. 5. Every Summons server, or other person duly authorised to effect service, shall compare the copies of the Civil Bills or other documents delivered to him for service with their respective originals and, prior to the service of such copies, shall indorse his name upon the same ; and, after he has effected service, shall within three days indorse his name upon each original, stating also the day of the week and date upon which, and the manner in which, and the place where such service was made, and the person, whether husband or wife or relative or employee, upon whom the same was served. Authentication of service before Entry. 6. Save as provided in the following Rule, no Civil Bill or other document shall be entered or accepted in the Office unless the service of same shall be authenticated by affidavit or statutory declaration by the person serving same. Such affidavit or statutory declaration may be indorsed on the original document. Averment of service on knowledge and belief. 7. Where personal service is prescribed and is alleged to have been effected, but the person who has made such service does not know of his own knowledge that the person served is the person named for personal service, he may make the affidavit or statutory declaration referred to in the preceding Rule, stating therein that same is true to the best of his knowledge and belief, but, in any such case, the Judge may on his own initiative or on the application of any person who is alleged to be affected by the said service require such further evidence thereof as he may think right. Acceptance of service by Solicitor. 8. A Solicitor may undertake in writing to accept service of a Civil Bill and in such case service on such Solicitor shall be sufficient, provided that he shall at the time of service indorse on the original Civil Bill his acceptance of service thereof and his undertaking to enter an appearance thereto. Substitution of service. 9. If it be made to appear to the Judge that the plaintiff is from any cause unable to effect prompt personal service, or such other service as is prescribed by these Rules, the Judge may make such order for substituted service, or for the substitution for service of notice by advertisement, or otherwise as may be just, and (save where service is allowed by advertisement), whenever any such order shall be made, a copy thereof shall be served along with the Civil Bill or other document, or such notice, and every such order shall state the time within which the defendant may enter an appearance or comply with the requirements of such order. Application to substitute service. 10. Every application to the Court for an order for substituted or other service, or for the substitution of notice for service, shall be supported by an affidavit setting forth the grounds upon which the application is made. Service deemed good. 11. In any case, the Judge may declare the service actually effected sufficient. Service on infant defendant. 12. When an infant is a defendant to an action, service on his father or guardian, or, if none, then upon the person with whom the infant resides or under whose care he is, shall, unless the Judge otherwise orders, be deemed good service on the infant ; provided that the Judge may order that service made or to be made on the infant shall be deemed good service. Service on lunatic or person of unsound mind. 13. When a lunatic or person of unsound mind not so found by inquisition is a defendant to an action, service on the Committee of the lunatic, or upon the person with whom the person of unsound mind resides, or under whose care he is, shall, unless the Judge orders otherwise, be deemed good service on the defendant. Return of document after service. 14. A Summons Server, or other person duly authorised to effect service, shall, within four days after service, return the original document properly indorsed as prescribed by these Rules to the Solicitor or other person from whom the same was received. Entry of Civil Bill. 15. The originals of all Civil Bills or other originating documents intended for entry or to be proceeded on shall be lodged at the Office within eight days after service, or of acceptance in writing of service by a Solicitor, with a request for entry, duly stamped where necessary. Late Entry. 16. No Civil Bill or other originating document shall, without special leave granted by the Judge or by the County Registrar, be accepted at the Office for entry after the time specified in the last preceding Rule. Service by person other than Summons Server. 17. In special circumstances and for good cause shown the Judge may permit service of any Civil Bill or other originating document to be effected by a person other than a Summons Server. Dismissal of Civil Bill not entered. 18. When a Civil Bill or other originating document has not been entered within the time limited by these Rules, the defendant may, after the expiration of that time, apply to the Court by notice of motion to dismiss the proceeding with costs for want of prosecution, and on the hearing of such application the Judge may order the copy of the Civil Bill or other originating document served on the defendant to be entered on payment of the appropriate entry fee, and may order the proceeding to be dismissed accordingly, or may make such other order on such terms as to costs or otherwise as he shall think just. Documents to which this Order refers. 19. In all cases where proceedings are commenced otherwise than by Civil Bill, the preceding Rules of this Order shall apply to the document by which such proceedings were originated as if it were a Civil Bill. Service of documents for which no mode of service prescribed. 20. Any document, as to which no mode of service is prescribed by these Rules, may be served by delivering the same to the party or person on whom it is to be served personally, or by delivering the same at the residence or place of business of such person, or by sending the same by pre-paid post, addressed to such party or person at his last known residence or place of business. Service on Solicitor. 21. Where a party or person acts by Solicitor, any document required to be delivered to or served upon such party may be delivered to or served upon such Solicitor, except in cases where by these Rules personal service upon a party is required ; and service of any such document upon such Solicitor, or delivery of the same at his office, or sending the same to him by prepaid post to such office shall be deemed to be good service upon the party or person for whom such Solicitor acts as upon the day when the same is so delivered or served, or upon which in the ordinary course of post it would be delivered. ORDER 11. SERVICE OUT OF THE JURISDICTION. Cases in which allowed. 1. Service out of the jurisdiction of a Civil Bill or other originating document, or notice thereof, may be allowed by the Court whenever :— (

1. a)the whole subject matter of the action is land situate within the jurisdiction (with or without rents or profits), or the perpetuation of testimony relating to land within the jurisdiction ; or (
2. b)any act, deed, will, contract, obligation, or liability affecting land or hereditaments situate within the jurisdiction is sought to be construed, rectified, set aside, or enforced in the action ; or (
3. c)any relief is sought against any person domiciled or ordinarily resident within the jurisdiction ; or (
4. d)the action is for the administration of the estate of any deceased person, who, at the time of his death, was domiciled within the jurisdiction, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a trustee, and which ought to be executed according to the law of Ireland ; or (
5. e)the action is one brought to enforce, rescind, dissolve, annul, or otherwise affect a contract, or to recover damages or other relief for or in respect of the breach of a contract— (
6. i)made within the jurisdiction, or (
7. ii)made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or (iii) by its terms or by implication to be governed by Irish Law, or (
8. f)the action is one brought in respect of a breach committed within the jurisdiction of a contract, wherever made, even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part of the contract which ought to have been performed within the jurisdiction ; or (
9. g)the action is founded on a tort committed within the jurisdiction ; or (
10. h)any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are or are not also sought in respect thereof ; or (
11. i)any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction ; or (
12. j)the proceeding relates to an infant, lunatic or person of unsound mind domiciled in, or a citizen of, Ireland ; or (
13. k)the proceeding is an interpleader proceeding relating to property within the jurisdiction ; or (
14. l)the proceeding is for the appointment of an arbitrator or an umpire, or to remit, set aside or enforce an award in an arbitration held or to be held within the jurisdiction ; or (
15. m)the proceeding is by a mortgagee or mortgagor in relation to a mortgage of personal property situate within the jurisdiction and seeks relief of the nature or kind following, that is to say, sale, delivery of possession by the mortgagor, redemption, reconveyance, or delivery of possession by the mortgagee, but does not seek (unless and except so far as is permissible under sub-head (
16. e)of this Rule) any personal judgment or order for payment of any moneys due under the mortgage. In this sub-head the expression " personal property situate within the jurisdiction " means property which on the death of an owner thereof intestate would form the subject matter of a grant of Letters of Administration to his estate out of the Principal Probate Registry ; the expression " mortgage " means a mortgage, charge or lien of any description ; the expression " mortgagee " means a person for the time being entitled to or interested in a mortgage ; and the expression " mortgagor " means a person for the time being entitled to or interested in property subject to a mortgage. Good cause of action and proper to be tried in Ireland. 2. Every application for leave to serve a Civil Bill or other originating document or notice thereof on a defendant out of Ireland shall be supported by affidavit, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant or person to be served is or probably may be found, and whether such defendant or person sought to be served is or is not a citizen of Ireland, and the grounds upon which the application is made ; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of Ireland under these Rules. Parties may submit to jurisdiction, or agree as to the place and manner of service. 3. Notwithstanding anything contained in this Order, the parties to any contract may agree :— (
17. a)that the Court shall have jurisdiction to entertain any proceeding in respect of such contract ; and also, or in the alternative, (
18. b)that service of any document in any such proceeding may be effected at any place within or out of the jurisdiction on any party, or on any person on behalf of any party, or in any manner specified or indicated in such contract. Service of any such document at the place (if any) or on the party, or on the person (if any) or in the manner (if any) specified or indicated in the contract, shall be deemed to be good service wherever the parties are resident, and if no place, or mode or person be so specified or indicated, service out of the jurisdiction of such document may be ordered. Probate cases. 4. In Probate actions service of a Civil Bill, or notice thereof, may by leave of the Court be allowed out of the jurisdiction. Title of affidavit. 5. Applications under this Order shall be made before the issue of the document, and the affidavit to ground the same shall, when no proceeding is pending, be entitled as between the parties to the intended proceeding and " In the Matter of the Courts of Justice Acts, 1924-1949 ". Time for appearance to be named in the Order. 6. Any order giving leave to effect service, or to give notice out of the jurisdiction, shall limit a time after such service or notice, within which the person to be served may enter an appearance, and such time shall depend on the place or country where or within which the document is to be served, or the notice given. Where person to be served is not a citizen of Ireland. 7. Where the person to be served is not a citizen of Ireland, notice of the document, and not the document itself, shall be served upon him. How notice in lieu of service is to be given. 8. Subject to the provisions of this Order, notice in lieu of service shall be given in the manner in which documents are required by these Rules to be served. Copy of order must be served. 9. Whenever an order shall be made giving leave to serve a document or notice thereof on a person out of the jurisdiction, a copy of such order shall be served with the document or notice. Order to apply to all proceedings. In case of non-citizens, copies to be served save in case of Civil Bill. 10. This order shall apply to all proceedings, however instituted, and to any order or notice therein. Where the person to be served is not a citizen of Ireland, a copy of the originating document (other than a Civil Bill) or of the order or notice shall be served instead of the original, together with an intimation in writing that a proceeding in the form of the copy has been instituted, or an order in the terms of the copy made. Additional powers. 11. Nothing herein contained shall in any way prejudice or affect any practice or power of the Court under which, when lands, funds, choses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the Court may, without purporting to exercise jurisdiction over any person out of the jurisdiction, cause such person to be informed of the nature or existence of the proceedings, so that such person shall have an opportunity of claiming, opposing or otherwise intervening. Discharge of order may be applied for. 12. Any person served with an originating document, or notice thereof, may apply to the Court on notice to discharge the order authorising service. ORDER 12. APPEARANCE, DEFENCE, LODGMENT AND COUNTERCLAIM. Service and entry of Appearance may be effected by post. 1. If a defendant intends to defend a Civil Bill or other proceeding, he shall enter an appearance in the Office in the prescribed form. Such form shall be lodged with or sent by post to the County Registrar so as to reach the Office before the expiration of the time limited for appearance, and a copy of such form shall at the same time be lodged with or sent by post to the plaintiff (if he sues in person) or his Solicitor. Time for Appearance. 2. Save where otherwise provided by these Rules, the time for entering an appearance shall be ten days from the service of the Civil Bill or other originating document, exclusive of the day of service, unless the Court shall otherwise direct. Appearance on behalf of defendant under disability. 3. Where no appearance has been entered, within the time allowed, to a Civil Bill, or other originating document, for a defendant who is an infant, or a person of unsound mind not so found by inquisition, the plaintiff shall, before further proceeding with the action against the said defendant, apply in the Office in the manner prescribed in Order 16 of these Rules, for an order that some proper person be assigned guardian ad litem of such defendant by whom he may appear and defend. Service and entry of Defence. 4. A defendant who has entered an Appearance as aforesaid shall, within the further period of ten days thereafter, give or send by post to the plaintiff or his Solicitor and lodge with, or send by post to, the County Registrar a notice in writing in these Rules referred to as the Defence. Defence. 5. The Defence shall state clearly the grounds upon which the defendant disputes the plaintiff's claim. Subject to the provisions of Order 57 no defence shall be admitted to defeat the claim or any part thereof unless, in the opinion of the Judge, it could fairly have been inferred from the particulars given in the Defence. All defences in law or equity available. 6. Every defendant in ejectment proceedings shall be entitled to plead every defence which he may have at law or in equity. Set off or Counterclaim. 7. A defendant in an action may set off or set up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set off or counterclaim sound in damages or not, and such set off or counterclaim shall have the same effect as a cross action, so as to enable the Judge to pronounce a final judgment in the same action, both on the original and on the counterclaim. But the Judge may, on the application of the plaintiff before trial, if in the opinion of the Judge such set off or counterclaim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof. Lodgment with plea of tender. 8. With a Defence setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court. Lodgment in satisfaction. 9. Any defendant may with his Defence lodge in Court an amount which he alleges is sufficient to satisfy the plaintiff's claim, and such lodgment may be with an admission or denial of liability. Where there is more than one claim or cause of action the defendant shall state in respect of which of them such lodgment is made. Lodgment may be by document separate from Defence. 10. A defendant making a lodgment under the last preceding Rule may, at his option, intimate such fact by a document other than and in addition to his Defence, and in such event such document shall be kept by the County Registrar in a separate file and neither he nor any other person shall disclose the fact of such lodgment to the Judge until he shall have decided all issues between the parties save the liability for costs. Such document shall be in the form prescribed by these Rules, and shall be filed at the same time as the Defence, and a copy thereof served with the Defence. Acceptance of Lodgment. 11. Save in the case of a lodgment with a defence of tender, the plaintiff, may within ten days after such lodgment as aforesaid, serve notice on the defendant that he accepts the amount lodged, which notice shall operate as a stay of all further proceedings and the settlement of the plaintiff's claim in respect of which the lodgment was made, save as to costs. If the plaintiff is under legal disability, then, together with notice of acceptance of the amount lodged, he shall serve a notice of motion on the defendant to have such acceptance approved by the Court, and thereafter no further proceeding in the action shall be taken except by leave of the Judge, and, on the hearing of such notice of motion, the plaintiff may be declared entitled to such costs as the Court may consider just, whether such acceptance is approved or not by the Court. Payment out after acceptance. 12. Where the plaintiff, not being under legal disability, accepts the amount lodged, payment thereof shall be made to him without the necessity for any decree or order by the Court, upon his lodging with the County Registrar a notice of acceptance of such amount in full satisfaction of the claim in respect of which the lodgment is made. Such notice shall be signed by the plaintiff. Costs where lodgment accepted. 13. Where the plaintiff, not being under legal disability, accepts a lodgment under this Order, he shall be at liberty, in case his entire claim is thereby satisfied, to tax his costs after the expiration of four days from the service of notice of acceptance, unless the Judge shall otherwise order, and in case of non-payment of the costs within seven days after such taxation, to enter judgment for his costs so taxed. Costs where lodgment not accepted. 14. If the plaintiff, not being under legal disability, does not accept the amount lodged within the time named, he shall be liable for all costs thereafter incurred on foot of the claim in respect of which the lodgment was made, unless he obtains judgment for a greater amount than that lodged, exclusive of costs. If any costs are awarded to a party under this rule, such costs shall be deducted from the amount lodged and shall be paid to the party who has made the lodgment before payment of the balance (if any) to the other party. Non-disclosure of lodgment to Jury. 15. When a cause or matter is tried by a Judge with a Jury, no communication to the Jury shall be made either of the fact that money has been paid into Court or of the amount paid in. The Jury shall be required to find the amount of the debt or damages, as the case may be, without reference to any payment into Court. Late entry of Appearance or Defence. 16. No Appearance or Defence shall be entered after the time specified in these Rules without the leave of the Judge or of the County Registrar, and no Defence shall be entered unless the defendant has previously entered an Appearance as required by these Rules. No pleading after Defence. 17. No pleading subsequent to Defence, or Defence and Counterclaim, shall be allowed. ORDER 13. SECURITY FOR COSTS. Application for Security. 1. When a party shall require security for costs from another party, he shall be at liberty to apply by notice to such party for such security ; and in case the latter shall not, within seven days after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the Court for such security by motion on notice grounded upon affidavit ; and every such application shall be made before the party seeking the security takes any step save entering an appearance in the cause or matter after his right to such security shall have arisen, unless the Judge shall, under special circumstances, otherwise order. Plaintiff outside jurisdiction. 2. A defendant shall not be entitled to an order compelling the plaintiff to give security for costs solely on the ground that the plaintiff resides outside the jurisdiction of the Court. Affidavit of merits. 3. No defendant shall be entitled to an order for security for costs by reason of any plaintiff being resident out of the jurisdiction of the Court, unless upon a satisfactory affidavit that such defendant has a defence upon the merits. Security, how fixed. 4. In any action or matter in which security for costs is required, the security shall be of such amount and be given at such time or times, and in such manner and form, as the County Registrar shall direct, subject to an appeal to the Court. Bond, to whom given. 5. Where a bond is to be given as security for costs, it shall, unless the Judge shall otherwise direct, be given to the party or person requiring the security, and not to an Officer of the Court. ORDER 14. PARTICULARS AND FURTHER PARTICULARS IN CLAIM OR DEFENCE. Running Accounts. 1. In all proceedings for the recovery of book or shop debts, or other running accounts, the plaintiff shall furnish full particulars of his demand within a reasonable period before, or at the time of, the service of the Civil Bill. Parties may obtain copies of documents and inspect the originals. 2. A defendant, at any time after service of a Civil Bill upon him and before delivery of a Defence, or a plaintiff at any time after delivery of a Defence or Counterclaim, may apply to the other party by notice in writing for copies of all or any of the accounts or documents upon which the Action or Defence or Counterclaim is founded, and such copies shall be delivered within seven days after receipt of such notice on payment of the usual scrivenery charges. The party delivering such copies shall forthwith, on notice in writing being given, allow the other party to inspect the originals of such accounts or documents as are in his possession or procurement. Further particulars. 3. Any party to a proceeding may also, at the time specified in the last preceding Rule, by notice in writing require the other party to furnish such further information as is reasonably necessary as to any specified matters arising upon the claim in a Civil Bill or upon the Defence or Counterclaim. Court may order particulars. 4. A further and better statement of the nature of the Claim or Defence or Counterclaim, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered upon such terms, as to costs and otherwise, as may be just, and the Judge may order, in a case of failure to comply with such order, that the Claim or Counterclaim shall be stayed or dismissed, or the Defence struck out. Time for pleading after delivery of particulars under Order of the Court. 5. The party at whose instance particulars have been delivered under an Order of the Court shall, unless the Order otherwise provides, have the same length of time for pleading after the delivery of particulars that he had at the date of the service of the notice of the application. Save as in these Rules provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time. ORDER 15. COUNTY REGISTRAR. Duties of County Registrar. 1. The County Registrar, within the County to which he is assigned, shall be the proper officer of the Court in respect of all its jurisdiction, and shall be responsible for the discharge of all duties imposed upon him or upon the Office, by Statute or otherwise, and for the safe custody of all documents and records of the Court. He shall cause to be kept such files and books of record, and in such form, as may from time to time be prescribed by the Minister. County Registrar to take Accounts. 2. The County Registrar shall take and make all such accounts and inquiries as may be ordered by the Court, and shall certify the result thereof to the Court on completion and for this purpose he shall have all the powers of the Examiner in the High Court of Justice, and he shall issue such citations and subpoenas as are necessary to implement the jurisdiction of the Court. Reference by County Registrar to Judge. 3. If any matter appears to the County Registrar proper for the decision of the Judge, the County Registrar may refer the same to the Judge who may either dispose of the matter or refer the same back to the County Registrar with such directions as he may think fit. Advertisements. 4. The County Registrar shall have power to settle all necessary advertisements, and arrange for the insertion thereof in such publications as he shall think right. Power to summon and examine Witnesses. 5. The County Registrar may summon to attend before him, and may examine on oath any party to any proceeding, or any witness whose attendance in connection with any of the duties or powers conferred upon him by statute, or otherwise, he may deem necessary. Power to tax and measure Costs. 6. The County Registrar shall have power, when directed by the Judge or empowered by these Rules, to tax all Bills of Costs, including costs as between solicitor and client, and shall certify the amount properly due thereon. In any case in which there is no prescribed scale he may, if requested or if he considers it desirable, measure the costs by fixing a reasonable sum in respect of the entire Bill or any particular item therein. Appeal from the County Registrar. 7. Any party dissatisfied with any certificate, ruling or decision of the County Registrar, may, within ten days from the date of such certificate, ruling or decision, apply to the Judge by motion on notice to review such certificate, ruling or decision, and the Judge may thereupon make such order as he shall think fit. Investment of cash paid into Court. 8. In the absence of any order of the Court, or of a direction or request by a person entitled to make the same, as to the investment of sums of cash paid into Court, the County Registrar shall apply to the Judge for directions as to the investment thereof. Adjournment of Court. 9. In the absence of the Judge the County Registrar shall have power to declare the Court adjourned for such period, or to such date, as may be necessary. ORDER 16. SIDE-BAR APPLICATIONS. Orders by County Registrar. 1. On lodgment of the appropriate documents and payment of the prescribed fees, application may be made in the Office in respect of the following matters, and orders may be made thereon by the County Registrar :— (
19. i)for the appointment of a guardian ad litem of an infant, or of a person of unsound mind not so found ; (
20. ii)for a plaintiff, lately a minor, to proceed in his own name ; (iii) to proceed, notwithstanding the death of a party, his right surviving ; (
21. iv)to make a conditional order absolute on certificate of no cause. ORDER 17. SITTINGS IN CHAMBERS AND INTERLOCUTORY APPLICATIONS. Hearing in Chambers. 1. Applications which in the opinion of the Judge would be more conveniently and expeditiously disposed of in Chambers than in open Court may be made to and heard by the Judge in Chambers. Exparte applications 2. Applications in connection with any of the matters hereinafter mentioned may be made to the Judge by any party, without notice to any other party, on lodging with the County Registrar an ex parte docket and filing an affidavit in support of the application. The orders for which application may be made under this Rule are as follows :— (
22. a)the production of any deed ; (
23. b)the appointment of a receiver over lands or other property ; (
24. c)the possession, detention, preservation, or inspection of any property or thing ; (
25. d)security from any person for any moneys in his possession ; (
26. e)enforcing the deposit or payment into Court, pending litigation, of anything mentioned in (
27. c)and (
28. d); (
29. f)the sale of any goods, wares, or merchandise which may be of a perishable nature, or which the Court may think desirable to have sold at once, and the payment of the price into Court ; (
30. g)the taking of any accounts, or making of any inquiries, or directing or authorising of any other proceeding which the Judge may think proper for the purpose of the action or suit ; (
31. h)liberty to effect service in a special manner or for directions as to service, or to deem good any service already effected ; (
32. i)an ad interim injunction ; (
33. j)a conditional order of garnishee ; (
34. k)the appointment of a receiver by way of equitable execution ; (
35. l)service out of the jurisdiction ; (
36. m)receiving a consent and making the same a Rule of Court. Orders may be absolute or conditional, or notice may be directed. 3. The orders which the Judge may make under the last preceding Rule may, save where the said Rule otherwise provides, be either absolute in the first instance, or conditional on no cause being shown to the contrary, and the Judge may in any particular case give such directions as he may think fit, or may order that notice of the application be given to any other party. ORDER 18. DISCONTINUANCE. Discontinuance without leave of the Court. With leave of the Court. 1. The plaintiff may, at any time before the receipt of the defendant's Defence, or after the receipt thereof, before taking any other proceeding in the action (save any interlocutory application), by notice in writing wholly discontinue his action against all or any of the defendants, or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay such defendant's costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn. Such costs shall be taxed, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action. Save as in this order otherwise provided, it shall not be competent for the plaintiff to withdraw or discontinue the action without leave of the Judge, but the Judge may before, or at, or after the hearing or trial, upon such terms as to costs, and as to any other action, and otherwise, as may be just, order the action to be discontinued, or any part of the alleged cause of complaint to be struck out. The Judge may, in like manner, and with the like discretion as to terms, upon the application of the defendant, order the whole or any part of his alleged grounds of defence or counter-claim to be withdrawn or struck out, but it shall not be competent for a defendant to withdraw his Defence, or any part thereof, without such leave. Withdrawing action by consent. 2. When an action, matter or proceeding has been entered for trial, it may be withdrawn by either plaintiff or defendant, upon producing to the County Registrar a consent in writing signed by the parties. Judgment for costs. 3. Any defendant may enter judgment for the costs of the action, if it is wholly discontinued against him, or for the costs occasioned by the matter withdrawn, if the action be not wholly discontinued, in case such respective costs are not paid within four days after taxation. Staying second action till payment of costs. 4. If any subsequent action shall be brought before payment of the costs of a discontinued action, for the same or substantially the same cause of action, the Judge may order a stay of such subsequent action until such costs shall have been paid. County Registrar to tax costs. 5. The County Registrar shall, on the application of the plaintiff or defendant, as the case may be, tax the costs referred to in the preceding Rules of this Order. ORDER 19. CHANGE OF PARTIES. No abatement by marriage, death or bankruptcy. 1. An action, proceeding or matter, shall not become abated by reason of the marriage, death or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite ; and, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the verdict or the finding of the issues of fact and the judgment, or between the pronouncement and recording of the judgment or order, but the judgment or order may in such case be entered notwithstanding the death. Continuance of action on death, marriage or bankruptcy. 2. In case of the marriage, death, or bankruptcy, or devolution of estate by operation of law, of any party to an action, proceeding or matter the Judge may, if it be deemed necessary for the complete settlement of the questions involved, order that the personal representative, assignee, trustee, or other successor in interest, if any, of such party be made a party, or be served with notice, and on such terms as the Judge shall think just, and the Judge shall make such order for the disposal of the action, proceeding, or matter, as may be just. Continuance on assignment, or devolution of estate. 3. In case of an assignment, creation, or devolution of any estate or title pendente lite, the action, proceeding, or matter, may be continued by or against the person to, or upon whom, such estate or title has come or devolved. Order continuing action. 4. Where, by reason of marriage, death, or bankruptcy, or any other event occurring after the commencement of an action, proceeding or matter, and causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after the commencement of the action, proceeding, or matter, it becomes necessary or desirable that any person not already a party should be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties, and such new party or parties, may be obtained ex parte on application to the Court upon an allegation of such change or transmission of interest or liability, or of such person interested having come into existence. Service and effect of Order. 5. An order obtained as in the last preceding Rule mentioned shall, unless the Court shall otherwise direct, be served upon the continuing party or parties, or their Solicitors, and also upon each such new party unless the person making the application be himself the only new party, and the order shall from the time of such service, subject nevertheless to the next two following Rules, be binding on the person served therewith, and every person served therewith who is not already a party to the action, proceeding, or matter, shall be bound to enter an Appearance thereto within the same time, and in the same manner, as if he had been served with the originating document. Discharge of Order where no disability. 6. Where any person who is not under disability, or who although under disability, has a guardian ad litem in the action, proceeding, or matter, shall be served with such order as in Rule 4 of this Order mentioned, such person may apply to the Court to discharge or vary such order at any time within twelve days from the service thereof. Discharge of Order where disability. 7. Where any person being under disability, and not having a guardian ad litem in the action, proceeding, or matter, is served with any order as in Rule 4 of this Order mentioned, such person may apply to the Court to discharge or vary such order at any time within twelve days from the appointment of a guardian ad litem for such party, and, until such period of twelve days shall have expired, such order shall have no force or effect as against such last-mentioned person. Failure to proceed. 8. Where the plaintiff or defendant in an action, proceeding, or matter, dies and the cause of action survives but the person entitled to proceed fails to proceed, the defendant (or the person against whom the action, proceeding or matter, may be continued) may apply by motion on notice to compel the plaintiff (or the person entitled to proceed), to proceed within such time as may be ordered ; and, in default of such proceeding, judgment may be entered for or an order made in favour of the defendant, or, as the case may be, for or in favour of the person against whom the action, proceeding, or matter, might have been continued. ORDER 20. EVIDENCE. Evidence to be given orally unless otherwise agreed or ordered. 1. In the absence of any agreement in writing between the Solicitors for all parties, and subject to these Rules and the law of evidence, the witnesses at the trial of any action shall be examined viva voce on oath and in open Court, but the Judge may at any time for such reasons as he thinks right order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as the Judge may think reasonable, provided that where it appears to the Judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. Documents to be marked and returned. 2. Documents put in evidence shall be marked by an officer of the Court and, unless the Judge otherwise directs, shall be returned to the party tendering the same as soon as possible after the hearing. Evidence may be taken on Commission in exceptional cases. 3. In any action, proceeding, or matter, where it shall appear necessary for the purposes of justice, an order may be made for the examination upon oath before the Court, or before any officer in the Office and nominated by the County Registrar, or by the Judge, or before any other suitable person, and at any convenient place, of any witness or person, and the order may empower any party to any such action, proceeding, or matter, to give such examination or deposition in evidence therein on such terms. if any, as the Judge may direct. ORDER 21. ATTENDANCE OF WITNESSES. Attendance of witnesses may be procured by Summons. 1. Any party desiring the attendance of any person to give evidence or to produce any books, papers or documents to the Court, or to an officer of the Court, shall apply for, and the County Registrar shall issue, a witness summons requiring the person to whom the summons is directed to comply with the requirements thereof at the time and place stated therein. Court may order issue of Summons. 2. In any case of difficulty as regards the issue of such summons, application may be made to the Court for the issue of the same, and on such application the Judge may direct the issue thereof, or otherwise deal with the matter as to him shall seem just. Service of Summons 3. Service of such summons shall in all cases be personal upon the person named therein unless the Judge shall order otherwise. If it shall appear that the person served was not given reasonable time to enable him to appear in pursuance of the summons, or that his reasonable expenses have not been paid or offered to him, the Judge may set aside or disregard such service. Number of witnesses in one Summons. 4. Every witness summons, other than a summons duces tecum, may be directed to, and served upon, more than one person. Attendance of Court Officer. 5. Any Officer of the Court required to attend with any record or document at any sitting or place outside the County in which he is serving as such officer, shall be entitled to require that the Solicitor or party desiring his attendance shall deposit with him a sufficient sum of money to answer his just charges and expenses in respect of such attendance, and undertake to pay any further just charges and expenses which may not be fully answered by such deposit. Penalty for failure to comply with witness summons. 6. If any person having been duly summoned to give evidence or to produce any books, papers or documents in his possession or under his control, which the party requiring his attendance desires to put in evidence, fails without lawful excuse to attend or to give evidence or to produce such books, papers or documents according to the summons, or, unless duly excused, fails to remain in attendance throughout the hearing, the Court, if satisfied that such person has been duly summoned, and that his reasonable expenses have been tendered to him, may attach him for contempt, or may impose upon him a fine not exceeding £10 (ten pounds) for his default, and sentence him in default of payment to imprisonment for a period not exceeding one month. Power of Court to remit fine or imprisonment. How fine may be applied. 7. The Court may, on cause shown, remit the whole or any part of any fine or imprisonment which it may have imposed under the last preceding Rule, or may order that the amount of any fine so imposed, or any part thereof, be paid to either party in respect of the costs and expenses of any postponement or adjournment rendered necessary by the default of such witness as aforesaid. ORDER 22. AFFIDAVITS. Affidavits to be made before a Commissioner. 1. All affidavits shall be made before the County Registrar, or a Commissioner to administer oaths for the High Court, or, where the person making an affidavit resides outside Ireland, or is for the time being thereout, before any person duly authorised to administer oaths in the country where such person ordinarily resides or is. Form of affidavit. 2. All affidavits shall be written or printed book-wise ; shall be expressed in the first person of the deponent ; shall be drawn up in numbered paragraphs ; and shall be entitled in the action or matter in which they are sworn. Description of deponent. 3. All affidavits shall state the deponent's occupation, quality and place of residence, and if the deponent shall be over twenty-one years of age he shall so state, and if under such age shall state his exact age. All affidavits shall be confined to such facts as the deponent is able to prove of his own knowledge, and shall state his means of knowledge thereof, except on interlocutory motions, on which statements by the deponent as to his belief, with the grounds thereof, may be admitted. Affidavit not to be sworn before party's solicitor or Agent. 4. No affidavit shall be sufficient if sworn before the Solicitor acting for the party on whose behalf the affidavit is to be used, or before the partner, agent, correspondent or clerk of such Solicitor, or before the party himself. Place and date of swearing to be given in jurat. 5. Every person taking an affidavit, a declaration, or the acknowledgment of any deed or recognizance— (
37. a)shall express the date upon which and the place where he takes such affidavit, declaration or acknowledgment ; otherwise the same shall not be held authentic nor be admitted to be filed without the leave of the Judge ; Deponent to be identified by Commissioner. (
38. b)shall certify in the jurat either that he himself knows the deponent, or knows some person named in the jurat who certifies his knowledge of the deponent ; Requirements where deponent is illiterate or blind. (
39. c)shall certify therein, when such affidavit, declaration, acknowledgment or recognizance is sworn or made by any person who appears to be illiterate or blind, that such affidavit, declaration, acknowledgment or recognizance was read in his presence to the deponent, that the deponent appeared to understand it, and that the deponent made his signature or mark in his presence. No such affidavit, declaration, acknowledgment or recognizance shall be used in evidence in the absence of this certificate unless the Judge is otherwise satisfied that the same was read over to, and appeared to be understood by the deponent. Footnote. 6. There shall be on every affidavit a footnote showing on whose behalf it is filed, and the person by whom it is filed and his address, and no affidavit shall be filed or used without such note unless the Judge shall otherwise direct. No erasures, interlineations or alterations. 7. No affidavit having in the jurat or body thereof any interlineation, alteration, or erasure, shall without leave of the Judge be filed, read, or made use of in any proceeding depending in Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the person taking the affidavit, nor in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the person taking it. Power of Judge to receive defective affidavit. 8. The Judge may receive any affidavit sworn for the purpose of being used in any action or matter, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and shall in that event direct a memorandum to be made on the document that it has been so received. Filing of affidavits. 9. Before any affidavit is used it shall be filed in the Office, but this Rule shall not hinder the Judge from making an order upon the undertaking of the applicant or his Solicitor to file any affidavit sworn before the making of such order, or permitted by the Judge to be made after such order, provided that the Judge may stay the issue of such order until such affidavit shall have been filed. Memorandum by County Registrar of date of filing. 10. Every affidavit which is filed shall have indorsed thereon by the County Registrar a memorandum of the date on which the same was filed, and when so indorsed it shall be taken for all purposes to have been duly filed on the date so indorsed thereon. Where time for filing limited. 11. Where a special time is limited for delivering or filing affidavits, no affidavit delivered or filed after that time shall be used unless by leave of the Judge. Initialling of alterations in accounts. 12. Every alteration in an account verified by affidavit shall be marked with the initials of the person before whom the affidavit is sworn, and such alteration shall not be made by erasure. Exhibits. 13. Documents identified by or referred to in an affidavit shall not be annexed thereto, but shall be referred to therein as exhibits. Short title to be marked on exhibits. 14. Every certificate on an exhibit referred to in an affidavit signed by the person before whom the affidavit is sworn shall be marked with the short title of the action or matter. Affidavits or declarations of service. 15.

(1)Affidavits or declarations of service shall state when, where, and how, and by whom, such service was effected, and, in the case of delivery to any person, shall (subject to Order 10, Rule 7) state that the deponent was at the time of such delivery acquainted with the appearance of such person ; Averment in actions to recover land for non-payment of rent or for overholding.

(2)Affidavits or declarations of service of a Civil Bill in actions for the recovery of land for non-payment of rent or for overholding shall state that the deponent or declarant does not know of any person other than those who have been served who is in the actual possession of the land sought to be recovered, or any part thereof, as tenant or under-tenant ; Averment in other actions for recovery of land.

(3)Affidavits or declarations of service of a Civil Bill in other actions for the recovery of land shall state that the deponent or declarant does not know of and does not believe that there is any person other than those who have been served in the actual possession, or in the receipt of the rents and profits of the lands sought to be recovered, or any part thereof. Such statement shall be verified by the affidavit of the Solicitor for the plaintiff, or of one of the persons by whom he was instructed to institute the proceedings, or if the plaintiff is not represented by a Solicitor, by the affidavit of the plaintiff. Costs of prolix affidavits. 16. The costs of every affidavit which shall unnecessarily set forth matters of hearsay, or which shall contain argumentative matter, or which shall be prolix, shall be borne by the party filing the same. ORDER 23. JUDGMENT BY DEFAULT IN CASES OF LIQUIDATED DEMANDS AND CLAIMS FOR DELIVERY OF GOODS AND CHATTELS. Judgment in Office in default of Appearance or Defence. 1. Where the plaintiff's claim in a Civil Bill is for a debt, or liquidated demand, or for the delivery of specific goods or chattels, and a defendant has not entered an Appearance within the time limited in the Civil Bill, or, having entered an Appearance, has not served and filed a Defence within the time limited by these Rules, the plaintiff may, in default of such Appearance or Defence, as the case may be, apply in the Office for judgment to be entered against such defendant. Necessary proofs on application in Office for default judgment. 2. An application under the provisions of Rule 1 of this Order shall be supported by :— (

1. a)an affidavit or statutory declaration of service of the Civil Bill, or of service of notice thereof, as the case may be ; and (
2. b)if the application be for judgment in default of Appearance, a certificate by the County Registrar that no Appearance has been entered, or, if the application be for judgment in default of Defence, a certificate by the County Registrar that an Appearance has been entered but that a Defence has not been filed ; and (
3. c)an affidavit verifying the plaintiff's claim made by the plaintiff, or by some other person on his behalf who can swear positively to the facts ; and (
4. d)a certificate by the plaintiff where he sues in person, or, where he does not, then by his Solicitor, specifying the amount then actually due, or certifying that the goods or chattels in respect of which the judgment is sought are still withheld by the defendant as the case may be, and, in the case of judgment in default of Defence, that no Defence has been served. Statutory certificate in case of claim by Minister or Government Department. 3. Where the claim is by the Minister of a Government Department, or the Land Commission, or the Commissioners of Public Works, the same may be verified, and the sum then actually due, or the fact that the goods are still withheld, as the case may be, may be proved by any certificate under seal which is by statute made evidence of the matters therein certified instead of by affidavit as is provided in the last preceding Rule. Affidavit or Certificate to be made or given not earlier than fourteen days before application. 4. The affidavit verifying the plaintiff's claim specified in Rule 2 shall be sworn, and the certificate specified in Rule 3 shall be given, within the period of fourteen days next preceding the date of the application for judgment, otherwise the same shall not be sufficient. Entry of judgment with costs. 5. On lodgment in the Office of the documents specified in Rules 2 and 3, together with a duly stamped request for judgment in accordance with the appropriate form in the Schedule of Forms, judgment may be entered in the Office for the sum so certified to be then actually due, or for the amount claimed in the Civil Bill, whichever be the less, or for the delivery of the goods or chattels, as the case may be, together with costs according to the appropriate scale. Judgment against one of two or more defendants. 6. Where there are two or more defendants, and any one has made default in entering an Appearance, or filing a Defence, as the case may be, the plaintiff may, in accordance with the provisions of this Order, have judgment against such defendant entered in the Office, and may issue execution against such defendant, without prejudice to his right to proceed with the action against any other defendant who may have entered an Appearance or filed a Defence, as the case may be. Costs. 7. The costs to be allowed in cases of judgment by default shall be as set forth in the scale in the Third Schedule. ORDER 24. JUDGMENT BY DEFAULT IN CASES NOT COMING WITHIN THE PRECEDING ORDER. Motion for judgment. 1. In any case in which the plaintiff is not entitled under the provisions of the preceding Order to apply for judgment, and a defendant has made default in entering an Appearance or filing a Defence, as the case may be, the plaintiff may at any time after such default, on notice to be served upon such defendant, not less than four clear days before the hearing, apply to the Court for judgment. Judgment or leave to defend. 2. Upon the hearing of such application the Judge may, on proof of such default as aforesaid, and upon hearing such evidence, oral or otherwise, as may be adduced, give judgment upon the plaintiff's claim endorsed upon the Civil Bill, or may give leave to the defendant to defend the whole or part of the claim upon such terms as he may consider just. Costs. 3. Upon the hearing of an application for judgment under this Order the Judge may make such order as to costs as he may consider just. ORDER 25. SUMMARY JUDGMENT. Application to the Court for Summary Judgment after Appearance. 1. Where the plaintiff's claim in a Civil Bill is :— (
5. a)for a debt or liquidated demand in money, or (
6. b)for the delivery of a chattel or specific goods in an action for detinue, or (
7. c)for the enforcement, performance or carrying out of a trust, or (
8. d)for ejectment, with or without a claim for rent or mesne profits, and a defendant has entered an Appearance or Defence, the plaintiff may apply to the Court for summary judgment against such defendant in accordance with the provisions of this Order. This Order to apply to all Ejectments. 2. This Order shall apply to all actions of ejectment whether or not the relationship of landlord and tenant has ever existed between the parties, and whether or not the Civil Bill is brought specifically upon the title. Application to be on notice to defendant, and supported by affidavit. 3. An application for summary judgment under this Order shall be made on notice to be served upon the defendant not less than four clear days before the hearing thereof. Such application shall be supported by an affidavit made by the plaintiff, or by some other person on his behalf who can swear positively to the facts verifying the plaintiff's claim, and stating that in the deponent's belief the defendant has not a bona fide defence to the plaintiff's claim, and that the Appearance and the Defence (if any), have been entered solely for the purpose of delay. Such affidavit shall be served upon the defendant with the notice of application. Evidence on the application. 4. Upon the hearing of such application no party shall have the right to adduce any evidence otherwise than by affidavit, and the plaintiff shall be limited to the affidavit specified in Rule, 3 of this Order ; provided always that the Judge may require or permit any party to produce further evidence. Such further evidence may be given orally or on affidavit as the Judge may require or permit. Judgment in default of prima facie defence, or payment into Court. 5. Upon the hearing of such application judgment may be ordered to be entered for the plaintiff unless the defendant :— (
9. a)satisfies the Judge that prima facie he has a good defence to the plaintiff's claim, or (
10. b)pays into Court to abide the result of the action such sum as may be deemed sufficient to entitle him to defend. Judgment may be for part of Claim. 6. Except in actions for the recovery of land for non-payment of rent, if it appear that the defence set up by the defendant applies only to a part of the plaintiff's claim, or that any part of his claim is admitted, the plaintiff shall have judgment for such part of his claim as the defence does not apply to or as is admitted, subject to such terms, if any, as to staying execution, the payment of costs, or otherwise as the Judge may order ; and the defendant may be allowed to defend as to the residue of the plaintiff's claim. Powers of Court on hearing of the application. 7. Where the Judge does not order judgment to be entered for the plaintiff he may :— (
11. a)dismiss the application, or (
12. b)give the defendant leave to defend unconditionally, or subject to such terms as to giving security, or as to the time and mode of trial, or otherwise, as he may think fit, or (
13. c)with the consent of all parties, treat the hearing of the application as the trial of the action, and dispose of the same in a summary manner. Judgment against one of two or more defendants. 8. If it appears to the Judge that any defendant ought to be allowed to defend the action, and that any other defendant ought not be allowed to defend, the former may be allowed to defend, and the Judge may order judgment to be entered for the plaintiff against the latter, and the plaintiff may issue execution upon such judgment without prejudice to his right to proceed with the action against the former. Costs. 9. Upon the hearing of an application for summary judgment the Judge may make such order as to costs as he may consider just. ORDER 26. JUDGMENT BY CONSENT IN THE OFFICE. Consent to judgment. 1. A defendant may, in accordance with the provisions of this Order, at any stage of the proceedings, consent to judgment being entered against him. In all cases other than those for which provision is made by the following rules of this Order judgment by consent shall be entered only by order of the Court. When may be given. 2. Judgment by consent without reference to the Court may be entered in the Office only where :— (
14. a)all the parties to the consent are sui juris, and (
15. b)the consent is to judgment for ejectment, rent, mesne profits, debt, damages for breach of contract or in tort, or for the delivery of specific goods or chattels, and (
16. c)the consent is to judgment upon the plaintiff's claim without terms or conditions other than terms or conditions as to stay of execution or payment by instalments. Reservation of issues. 3. A consent may be to judgment determining only the issue of a defendant's liability upon the plaintiff's claim, or part thereof. and reserving the right to have all other issues and matters determined by the Court. Must be in writing and signature verified. 4. No consent to judgment shall be sufficient unless it is in writing, and signed by the defendant so consenting, and by a Solicitor, if represented by a Solicitor. On lodgment in the Office of such consent, together with an affidavit verifying the execution thereof by the consenting defendant, judgment may be entered in the Office against such defendant in the terms of the consent without reference to the Court. Consent may be to one or more causes of action. 5. Where the plaintiff's Civil Bill includes claims in respect of two or more separate or distinct causes of action a defendant may, in accordance with the provisions of this Order, consent to judgment in respect of any one claim, and appear and defend in respect of any other. Consent may be to portion of the claim. 6. Where the plaintiff's Civil Bill includes a claim for a debt or liquidated demand in money, or for the delivery of specific goods or chattels, a defendant may in accordance with the provisions of this Order, consent to judgment in respect of portion of such debt, demand or goods, as the case may be, and appear and defend as to the remainder. County Registrar may refer to Court. 7. The County Registrar may in any case refuse to enter judgment by consent in the Office, and in any such case he shall refer the matter to the Court. Counterclaims. 8. The provisions of this Order shall, with the necessary modifications, apply to counterclaims. ORDER 27. REVIEW OF JUDGMENTS. Review of default judgment to be on notice Lodgment in Court necessary to stay of proceedings. 1. Any party against whom a judgment in default of appearance or defence has been given may, not later than ten days after he has knowledge thereof, serve a notice of motion to vary or set aside the said judgment, but service of the notice of motion shall not operate as a stay of proceedings in the action unless the defendant lodges in Court at the time of filing the notice the amount for which the judgment was given and costs. Notice of Motion to state reasons for claiming review. 2. Every such notice shall set forth clearly and briefly the reasons why the party applying did not enter an appearance or defence, as the case may be, the nature of the fraud, misrepresentation, surprise or mistake relied upon, and the grounds of defence to the action in which the said judgment was given. Costs to be lodged with motion. 3. Save by special leave of the Judge, no such motion shall be heard until the party applying has paid into Court to abide the directions of the Court, the costs awarded against him by such judgment, and such further sum, if any, as security for costs of the motion as the Judge shall consider just. Power of Judge to vary, or set aside, and to give directions. 4. The Judge may, on the hearing of any such motion, vary or set aside the judgment in question, upon terms as to costs or otherwise, including lodgment in Court of the amount of such judgment, or any part thereof, and may give such directions and such extensions of time as may be necessary in regard to the further conduct of the action, proceeding or matter. The Judge may also make such order as he may consider just in regard to moneys paid into Court by the defendant. ORDER 28. ADMISSIONS. Notice to admit documents 1. Any party may call upon any other party to admit any document, saving all just exceptions ; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the cause or matter may be, unless at the trial or hearing the Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is certified by the Judge to have been a saving of expense. Notice to admit facts. 2. Any party may, by notice in writing, at any time not later than nine days before the day for which notice of trial has been given, call on any other party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Judge, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Judge certifies that the refusal to admit was reasonable, or unless the Judge shall at any time otherwise order or direct. Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice. Provided also that the Judge may at any time allow any party to amend or withdraw any admission so made on such terms as may be just ; and provided further that all such costs and expenses as in the opinion of the Judge have been caused by the omission of any party to serve such notice as aforesaid shall, whatever the result of the cause, matter or issue may be, unless the Judge shall otherwise order, be paid by the party omitting to serve such notice. Admissions to be in writing. 3. Any admissions, if not made during the hearing, shall be in writing, and shall be signed by the party making the same, or by his Solicitor. ORDER 29. DISCOVERY OF DOCUMENTS. Application for Discovery. 1. Any party may apply to the Court by notice of motion to be served not less than four clear days before the hearing thereof, for an order directing any other party to any proceeding to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the Judge may either refuse or adjourn the same, if satisfied that such discovery is not necessary, or not necessary at that stage of the proceeding, or make such order on such terms as to security for the costs of discovery or otherwise, and either generally or limited to certain classes of documents, as he may think fit. Form of Affidavit 2. The affidavit to be made by a party against whom such order as is mentioned in the last preceding Rule has been made shall specify which, if any, of the documents therein mentioned he objects to produce and it shall be in the form in the Schedule of Forms hereto with such variations as circumstances may require. Production of documents. 3. It shall be lawful for the Judge at any time during the pendency of any cause or matter to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the Judge shall think right ; and the Judge may deal with such documents, when produced, in such manner as he shall think just. Notice to produce for inspection. 4. Every party to a cause or matter shall be entitled at any time, by notice in writing, to give notice to any party, in whose pleading or affidavit reference is made to any document, to produce such document for the inspection of the party giving such notice, or of his Solicitor, and to permit him or them to take copies thereof ; and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such cause or matter, unless he shall satisfy the Judge that such document relates only to his own title, he being a defendant to the cause or matter, or that he had some other cause or excuse, which the Judge shall deem sufficient for not complying with such notice ; in which case the Judge may allow the same to be put in evidence on such terms as to costs and otherwise as he shall think fit. Order of Court for inspection. 5. If the parties served with notice under Rule 4 omit to give notice of a time for inspection, or object to give inspection, the Judge may, on the application of the party desiring it, make an order for inspection at such time and in such place and in such manner as he thinks right. Such application shall be made by motion on notice to be served not later than 4 clear days before the hearing thereof and founded upon an affidavit showing of what documents inspection is sought and that they are in the possession or power of the other party. Failure to comply with Order. 6. If any party fails to comply with any order for discovery or inspection of documents, he shall be liable to attachment. He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his defence, if any, struck out, and to be placed in the same position as if he had not defended. Costs of discovery. 7. In every cause or matter, the costs of discovery shall, unless otherwise ordered by the Judge, be allowed, as part of the costs of the party seeking discovery, either as between party and party or solicitor and client, where, and only where, such discovery shall be certified by the Judge. Infants and Guardians. 8. This order shall apply to infant plaintiffs and defendants, and to their next friends and guardians ad litem. ORDER 30. TRIAL. Notice of Trial to be served after Defence. 1. When a Defence has been duly entered, the plaintiff may, after the service thereof, serve notice of trial. Service and filing of Notice of Trial other than in the Dublin Circuit. 2. Not less than ten days' notice of trial shall be served upon the defendant and all other necessary parties, and shall be for the Sittings next ensuing after the expiration of the time mentioned in the said notice, and same shall be filed at the Office not later than seven days before the opening of such Sittings. Such notice of trial and filing thereof shall operate to set down the action or matter (including counterclaim if any) for hearing at the said next ensuing Sittings. This Rule shall not apply to the Dublin Circuit. Service and filing of Notice of Trial in the Dublin Circuit. 3. This Rule shall apply only to the Dublin Circuit. Ten days' notice of trial shall be necessary and sufficient, and shall be served upon the defendant and all other necessary parties, and filed at the Office. Such notice of trial and filing thereof shall operate to set down the action or matter (including a counterclaim if any) for hearing upon any day after the expiration of the time mentioned in such notice upon which the trial may come on in its order in the list. When defendant may serve Notice of Trial. 4. Where the plaintiff has failed to serve notice of trial within ten days after the service and entry of the Defence the defendant may do so and may file the same in accordance with these Rules. Dismissal for want of prosecution. 5. If the plaintiff, in any action other than a probate action, does not within six weeks after the service and entry of the Defence serve notice of trial, the defendant may, in lieu of serving notice of trial in accordance with the preceding Rule, apply to the Court to dismiss the action for want of prosecution, and on the hearing of such application the Judge may order the action to be dismissed accordingly, and may make such other order, and on such terms, as to him may seem just. Trial of two or more actions together. 6. The Judge, if he considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as he shall deem just. Counterclaim may be proceeded with as a separate action. 7. A counterclaim may be proceeded with separately, and, if so proceeded with, shall be treated as an action irrespective of whether the original proceeding in which the counterclaim was made is withdrawn, stayed, discontinued or dismissed. How trial with a Jury to be obtained. 8. In all cases in which the parties are entitled under section 94 of the Principal Act to have questions of fact tried by a jury, either party may by notice in writing to be served upon the opposite party and also upon the County Registrar and the Sheriff, require that the cause or matter be tried with a jury. Such notice shall be served at least twenty-one days before the commencement of the Sittings during which jurors will be required to be in attendance in the Court. Upon receipt of such notice it shall be the duty of the Sheriff to summon the jury. In other cases under the said section application for trial with a jury may be made to the Court by either party on four clear days' notice to the opposite party. Attendance of witness during the trial. 9. In any proceeding, a witness who is not a party may be ordered by the Judge to leave the Court until his evidence is required, or after his evidence has been given, or to remain in Court after his evidence has been given until the trial is terminated or adjourned. Judgment where more than one plaintiff or defendant. 10. Judgment may be given for one or more plaintiffs, and against or in favour of one or more defendants. Postponing trial. 11. The Judge may, if he think it expedient in the interests of justice, postpone or adjourn a trial for such time, and upon such terms, if any, as he shall think fit. Non-appearance of defendant. 12. If, when a case is called in Court, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim so far as the burden of proof lies upon him. Non-appearance of plaintiff. 13. If, when a case is called in Court, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action, but if he has a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him. Payment by instalments when ordered. 14. The Judge on pronouncing any judgment or making any order (or at any subsequent time on notice being given to the opposite party), may order the time or times when, and by what instalments, the debt or damages and costs of the judgment, or the amount stated in the order and the costs shall be paid, provided that if such order for instalments shall be made on pronouncing any judgment or making any order, no order for execution shall issue against the defendant until after default of payment of some instalment according to such order. The Judge may also stay execution on foot of any decree or order for such period and on such terms as he shall think just. ORDER 31. ORDER AS TO TRIAL OF SEPARATE ISSUES. Preliminary question of law. 1. If it appear to the Judge that there is in any cause or matter a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, the Judge may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed. Trial of different questions. 2. The Judge may in any cause or matter, at any time or from time to time, order that different questions of fact arising therein be tried by different modes of trial, or that one or more questions of fact be tried before the others. ORDER 32. TRANSFER OF ACTIONS. Lodgment of pleadings in actions transferred from the High Court. 1. Whenever the High Court shall transfer any action or proceeding to the Court, the plaintiff shall lodge with the County Registrar, within fourteen days from the date of the order for transfer, the summons and all pleadings, orders, and all documents already delivered or made, and thenceforward the action or proceeding shall be taken and heard in the Court as if it had been originally commenced therein, and the costs of the action or proceeding up to the date of the order for transfer shall be determined by the Judge unless the order of transfer shall otherwise direct. In case of neglect by the Plaintiff the Defendant may lodge copies. 2. Where in any case of transfer in the last preceding rule mentioned, the plaintiff shall have omitted or refused to lodge the documents in the said rule prescribed, the defendant may, at any time after the time limited in the said rule, lodge the said documents or a certified copy of the order for transfer, and copies of the other documents verified by affidavit, and thereupon the action shall proceed as in the last preceding rule prescribed. Notice of lodgment to be given. 3. The party lodging the said documents as in the two last preceding rules provided, shall within fourteen days of such lodgment file and serve on the other party a notice that the said documents have been lodged with the County Registrar. Transfer to High Court and costs. 4. When any action or proceeding shall be sent forward or transferred to the High Court from the Court, the County Registrar shall transmit to the proper Officer of the High Court the file in the action or proceeding. ORDER 33. EXECUTION. Execution Order for payment of money. 1. Any judgment or order for the payment of money shall be enforced at the request of the party prosecuting such judgment or order by an execution order issued under the seal of the Court in Form 21 of the Schedule of Forms. Execution Order for possession of land. 2. Any judgment or order for the recovery of or for the delivery of possession of land, whether made in an action of ejectment or in any other action or matter, may be enforced by an order for possession issued under the Seal of the Court in Form 23 of the Schedule of Forms. Proof of disobedience to order for possession of land in cases other than Ejectment. 3. When, in any proceeding other than an ejectment, an order is made for the recovery or for the delivery of possession of land to any person, an execution order for possession shall not be issued by the County Registrar without evidence (by affidavit or declaration) of service of the order and disobedience thereto. Other Execution Orders. 4. A judgment requiring any person to do any act other than the payment of money, or to abstain from doing anything may be enforced by an execution order by way of attachment or committal. Orders against Corporations. 5. Any judgment or order against a corporation wilfully disobeyed may, by leave of the Judge, be enforced by an execution order by way of attachment or committal against the directors or other officers thereof, or any of them. Execution for possession of property other than money or land. 6. Where a judgment or order is for the recovery of any property other than money or land, the Judge may order, upon the motion of the plaintiff or other person entitled to prosecute such judgment or order, that in default of delivery an execution order shall issue for the delivery of the property without giving the defendant the option of retaining the same upon payment of the value assessed, if any, and that if the property cannot be found, and unless the Judge otherwise orders, distraint shall be made on all the goods, chattels and lands of the defendant until the property has been delivered, or, at the option of the plaintiff, that the Sheriff or Court Messenger shall cause to be levied on the defendant's goods the assessed value, if any, of the property. Directions of Court in case of difficulty. 7. If any difficulty arise in or about the execution or enforcement of any judgment or order other than a judgment or order for the recovery or payment of money, any party interested may apply to the Court, and the Judge may make such order thereon for the attendance and examination of any party or otherwise as he may think just. Judgment against firm how executed. 8. Where a judgment or order is against a firm, execution may issue : (
17. a)against any property of the partnership within the jurisdiction ; (
18. b)against any person who has appeared in his own name under Rule 4 of Order 7 and has failed to deliver a defence, or who has admitted on the pleadings that he is, or who has been adjudged to be, a partner. Where liability disputed. If the person who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court on notice to such last-named person for leave so to do ; and the Judge may give such leave if the liability be not disputed, or, if such liability be disputed, may order that the liability of such person be tried and determined in any manner in which any issue or question in any action may be tried and determined. Except as against any property of the partnership, a judgment against a firm shall not render liable, release, or otherwise affect any member thereof who was out of the jurisdiction when the Civil Bill was issued, and who has not entered an appearance unless he has been made a party to the action under Order 6, or has been served within the jurisdiction after the Civil Bill was issued. Decree in force for 12 years. When notice for renewal of execution order necessary 9. Every decree of the Court, and every judgment in default of appearance or defence, shall be in full force and effect for a period of twelve years from the date thereof, and an execution order based on any such decree or judgment may be issued in the Office within the said period, but not after the expiration of six years from the date of such decree or judgment without leave of the Court. An application for such leave shall be made by motion on notice to the party sought to be made liable. Execution where change of parties by death or otherwise. 10. If, at any time during the said period of twelve years, any change has taken place, by death, assignment or otherwise, in the parties entitled or liable to execution, the party claiming to be so entitled may apply to the Court on notice for leave to issue execution, and the original decree or judgment may be amended so as to give effect to any order made by the Court on the application. Order enforceable as a judgment. 11. Every order of the Court in any cause may be enforced in the same manner as a judgment to the same effect. Execution Order in force for one year only. 12. An order for execution if unsatisfied shall remain in force for one year only from and exclusive of the date of its issue. Renewal of Execution Order in Office. 13. An execution order may, on the application of the party entitled thereto, be renewed in the Office at any time during the currency of the decree or judgment in respect of which it was originally issued for the period of not more than one year from the date of such renewal, provided that the said decree or judgment be in full force and effect for the period for which the said execution order is so renewed. The fact of the renewal of any such order shall be indorsed thereon and the order shall be re-sealed. An order for execution so renewed shall have effect and be entitled to priority according to the time marked thereon as the date of its original issue. Applications for renewal to be supported by affidavit. 14. A person seeking renewal of an order for execution shall make and file an affidavit averring that he is entitled to such renewal and setting out all credits, if any, to which the person liable to such execution is entitled and, where the judgment, decree or order sought to be enforced is for payment of money, the amount then due on foot thereof. Destruction or loss of Execution Order. 15. Where an execution order has been destroyed or lost the party entitled to execution may apply to the Court for a re-issue of the said order, and thereupon the Judge may order such re-issue. Where change in parties affects several decrees, only one application need be made. 16. Where any change has taken place by death, assignment. or otherwise, in the parties entitled or liable to execution, and a party alleges himself to be entitled by reason of one and the same change or other cause to enforce the judgments or orders in more actions or matters than one, or to enforce a judgment or order against more persons than one, he may make one application for leave to issue the necessary process in all or any