mon Law Procedure Amendment Act, (Ireland), 1853.

80. In the Court of Exchequer Chamber, the mode of proceeding as to preparing the books and setting down the case for argument, shall be the same as directed by the 50th rule, with reference to demurrers.

81. Every motion for a new trial, or to set aside a verdict or a non-suit on a point saved, or on any other ground, after a trial at bar, shall be by motion on notice, which notice shall be served within the first four days of the Term next after such trial.

Trial at Nisi Prius.

82. Sheriffs shall, seven days before the Commission day, or first day of the Nisi Prius sittings after Term, make and keep at their offices, for inspection, a printed copy of the panel of the special jurymen to try the special jury causes at the Assizes or after-sittings, as directed by the Common Law Procedure Amendment Act (Ireland), 1853; but such special jury need not be summoned, except notice be given as provided for by the 115th section of the said Act.

83. Where a demurrer shall have been filed after notice of trial served, such notice shall be deemed to be a notice as well to try the issue in fact, as to inquire of the damages to be assessed on the de

murrer.

84. When any party shall have taken exceptions at a trial, he shall, ten days before the next succeeding Term, if the trial shall have been had at the Assizes, or in the sittings after Term, or two days after the trial, if in Term, or in the sittings after Easter Term, furnish a draft of the bill of exceptions to the opposite party, with a notice calling on him to return the same in four days, settled on his behalf.

85. On the expiration of four days from the furnishing of such draft, whether the same shall be returned or not, the party excepting shall issue a summons to settle the same, before the judge who tried the cause, whereupon the same shall be settled and signed by such judge, at such time as he shall think proper; and within two days thereafter the party excepting shall file the same, and proceed to make up the paper books for the judges, and set down the case for argument in the same manner as directed by the 50th rule with reference to demurrer books.

86. All paper books of bills of exceptions shall

contain the abstract for Nisi Prius and bill of exceptions, with the names of the counsel and attor

neys on both sides, and shall be made out in the same form and manner as directed by the 50th rule

with reference to demurrer books.

87. The proceedings on special verdicts and special cases shall be the same, mutatis mutandis, as on bills of exceptions.

88. Every application to set aside a verdict or non-suit, or in arrest of judgment, shall be made within the first four days of the Term next after the trial, if had either in the sittings after Terin or at the Assizes, or within the first four sitting days after the trial, if had in Term.

89. Where any party shall seek to set aside a verdict or non-suit, or move in arrest of judgment, he shall, in the first instance, apply to the court by motion, without notice.

90. No application to set aside a verdict or nonsuit shall be grounded upon affidavit, except in cases where the party seeking to set the same aside shall rely upon surprise or fatality, or upon the discovery of new evidence; or upon the verdict or non-suit having been obtained by fraudulent or improper practice, or misconduct; and in all such cases, the affidavit to be made shall be confined to the above-mentioned grounds for questioning the verdict or non-suit, or some of them, as the case may be; and in all other cases, such application shall be grounded on a certificate of the leading counsel at the trial, containing a short abstract of the proceedings thereat, and the grounds on which, in his opinion, the application should be rested.

91. Where a conditional order shall have been granted to set aside a verdict or non-suit, the party obtaining the order shall, in case the trial was had before a judge of another court, furnish to the junior judge of the court making the order, a copy of such order, and the documents on which the same was founded, together with the name of the judge who tried the cause, in order that a report of the trial may be obtained for the information of the

court.

Judgment.

92. An affidavit specifying the sum actually due, shall be filed before any judgment by default shall be marked, under the 96th or 97th sections of the Common Law Procedure Amendment Act (Ireland), 1853.

93. Every warrant of attorney to confess judgment in an action upon a bond, or writing obligatory recited therein, or collateral therewith, shall have an attesting witness; and no such warrant given by any person in custody of a sheriff or other officer shall be of any force, unless there be present some attorney on behalf of such person in custody, expressly named by him, and attending at his request, to inform him of the nature and effect of such warrant, before the execution thereof, which attorney shall subscribe his name as a witness thereto, and declare himself to be attorney for the defendant, and that he subscribes as such attorney.

94. At any time within ten years from the execution of any warrant of attorney to enter judgment on a bond, judgment may be marked thereon as of course in the office, but after such period no judgment shall be marked on any warrant of attorney, unless by order of the court on motion without notice, which order shall be conditional in the first instance, unless for special reasons the court shall otherwise direct; and the application for every such order shall be grounded on an affidavit, stating the amount remaining due on foot of such bond and warrant, and the character in which the applicant claims to be entitled, and that the obligor was alive on some day in the Term in which such application shall be made, if made in Term, or if in vacation, on some day in the Term immediately

preceding, or the succeeding vacation, and in case the warrant shall be upwards of twenty years old, such affidavit shall contain matter sufficient to take the case out of the Statute of Limitations, and in case the payment of money shall be relied on for that purpose, shall state by whom and to whom such payment shall have been made.

95. No order shall be made to enter judgment on any warrant of attorney or Kerry bond, unless the original warrant or Kerry bond shall be produced upon the motion.

96. Where any judgment shall be entered by virtue of a warrant of attorney, the warrant shall be filed at the time of entering such judgment in the office, and in cases where the warrant is incorporated in the bond, as in Kerry bonds, the bond itself shall be filed; and a book shall be kept in such office, in which shall be entered the names of the parties to every such judgment, and the Term in which every such judgment shall have been entered, with proper references to the file of war

rants.

Costs.

97. The fees, allowances, and charges, mentioned in the first schedule to these orders shall be the established fees, allowances, and charges to be allowed to attorneys on the taxation of costs; and in such taxation regard shall be had to the several instructions and directions contained in such schedule; but inasmuch as the said schedule is only intended to fix the amount of each fee or charge, whether between party and party, or between attorney and client, it shall not be deemed to authorize any fee or charge as between party and party which ought only to be chargeable as between attorney and client.

98. The principle of taxation to be acted on in taxing bills of costs between party and party, shall be as nearly as possible the same as that applied in taxing bills between attorney and client; subject, however, to the discretion of the officer to allow, disallow, or modify particular charges, under the control of the court.

99. The taxing officers shall be at liberty, from time to time, to issue general directions respecting the mode of preparing affidavits to be used before them, and likewise as to the mode of preparing bills of costs, and the use to be made of printed forms of bills of costs in common cases, and the charges to be made for costs to which such forms are applicable, and such other directions as they may consider necessary in relation to the taxation of costs; and all such directions shall be submitted to and approved of by the judges, or any seven of them, whereof two shall be chief judges, before they shall be of any effect; provided, however, that this order shall not apply to any directions of the taxing officers which shall have been issued by them

before the date of these orders.

100. The judge at Nisi Prius may, if he shall think fit, certify on the back of the record, at the trial, that in his opinion any particular witness produced at either side, was unnecessary; and in the taxation of costs, the expense of such witness shall not be allowed against the opposite party.

Execution.

104. A plaintiff may issue any number of writs of execution of the same kind at the same time to different counties; but the taxing officer shall disallow the costs of such as he may consider unne

cessary.

105. The writs of execution in the second schedule to these orders shall be used, with such alterations as the nature of the action, the description of the court in which the action is pending, the character of the parties, or the circumstances of the case may render necessary; but any variance not being in matter of substance, shall not affect the validity of the writs sued out.

106. The place of abode and addition of the party against whom any writ of capias ad satisfaciendum, or fieri facias, shall issue, or such other description of him as the attorney for the plaintiff or his agent may be able to give, shall be endorsed on such writ; but this rule being intended for the protection of the sheriff, no defendant shall be allowed to take advantage of the want of such indorsement; and it shall not be necessary to state the place, or abode, or addition of either party, in the body of such writ.

Seire facias and writ of revivor.

107. In every writ of revivor, or scire facias, to revive a judgment, it shall be lawful for the plaintiff, or his representative, to suggest breaches, if necessary.

108. No writ of scire facias, or revivor, to revive a judgment in ejectment, shall issue without an order of the court, on motion of counsel.

109. When an application shall be made to issue a writ of revivor on a judgment above ten years from the entry thereof, the same shall be grounded on affidavit, stating the amount remaining due on foot of the judgment, and the character in which the applicant claims to be entitled to issue the writ, and against whom the same is sought to be issued; and in case twenty years shall have elapsed from the entry of the judgment, such affidavit shall state matter sufficient to take the case out of the Statute of Limitations, and, in the latter case, the order shall be conditional only in the first instance,

unless for special reasons the court shall otherwise direct.

110. All general rules herein contained shall extend to writs of revivor and scire facias (unless where the same shall not be applicable), mutatis mutandis.

Attorneys.

111. All indentures of apprenticeship, and assignments thereof, shall be enrolled in the Rule's Office of the said courts respectively, and the examiners of the said courts respectively shall, without any special rule, inquire into the case of every apprentice applying to them for their certificate; and in all cases of special applications by persons seeking to be admitted attorneys of any of the said courts, the person so applying shall serve a notice on each of the examiners of the court to which he shall so apply, and on the secretary of the society of attorneys and solicitors, ten days previous to making such application, stating the nature of the intended application, and the circumstances which render it necessary, and an affidavit of the service of such notice shall be produced in court on the

motion.

112. There shall be kept in the office of the clerk of the writs a book for the annual registry, in alphabetical order, of the names and Dublin residences of all attorneys of the said courts, which registry shall be made by the clerk of the writs, on production of the annual stamp-office certificates of the said attorneys respectively, according to the description therein contained, and shall be open for inspection at all times during office hours, without fee; and no attorney shall practise in any of the said courts, or have any privilege as an attorney, until he shall have so registered annually his name and Dublin residence, or unless, in case of any change thereof, he shall cause a corresponding change to be made in such registry; and in case any attorney shall require any alteration to be made in the registry as to his residence, he shall furnish to the clerk of the writs a docket signed by him, specifying the alteration required, together with his annual stamp-office certificate, and the

clerk of the writs shall make such alteration ac

cordingly, and enter the date thereof upon the said registry; and due service or delivery at such registered residence of all notices, rules, pleadings, and documents not requiring personal service or delivery, shall be deemed good service or delivery,

upon or to the attorney so registered.

113. Where an attorney shall apply to be struck off the roll, the affidavit to ground such motion shall state that he is not engaged in any suit as plaintiff or defendant; and also that he is not retained in any suit for plaintiff or defendant; and also that there is no complaint, action, suit, or proceeding depending against him, and that he does not apprehend any.

114. When an attorney shall have been struck off the roll of any of the said courts otherwise than at his own request, or shall have been suspended for misconduct, he shall not be permitted to practise in any other of the said courts during the time he shall continue so struck off or sus pended.

115. No proceedings shall be taken except in the name of the attorney by whom and for whose benefit as attorney such proceedings shall be in fact carried on; and in case any proceedings shall be taken in the name of any attorney, whether with or without his permission, contrary to the provisions of this rule, same shall be irregular, and liable to be set aside, or the costs thereof disallowed, as the court shall think fit; and the party so using the name of any attorney, and any attorney so permitting his name to be used, shall be guilty of a contempt of the court in which such proceedings shall

be taken.

116. In all cases where any person shall seek any order or relief against any attorney, grounded on the jurisdiction of the court over him as an officer, the person seeking such relief or order shall serve a petition, stating the facts, on such attorney, with a notice of his intention to bring the matter under the consideration of the court, after the expiration of four days from such service: and if the petitioner shall think proper to proceed with the said petition, he shall file the same with a verifying affidavit, and serve notice of an application to the court, grounded on said petition and verifying affidavit, and also on an affidavit of the service of the said petition, and shall move such notice according to the course of the court.

117. No set-off of damages or costs between parties shall be allowed, to the prejudice of the attor ney's lien for costs in the particular suit against which the claim of set-off is made; provided, nevertheless, that interlocutory costs in the same suit, awarded to the adverse party, may in all cases be

set off.

tered to change an attorney, the attorney thereby removed may, on production of the rule to the taxing officer, and after service of his costs upon his client, together with a list of credits, (if any), verified by affidavit, proceed to tax such costs; and the Master of the court shall, on a summons to be issued by him for that purpose, allow such credits as may be just and applicable as against said costs; and thereupon the attorney shall be entitled to a rule for the payment by his client, within four days

118. Where a side-bar rule shall have been en

after service thereof, of any balance which shall be so ascertained by the officer.

119. Where an attorney for either party shall die, pending the suit, the opposite party may enter a side-bar rule, that the party whose attorney shall have so died do appoint another in four days after service, and in default of such appointment within such time, the party entering such rule, or filing an affidavit of service thereof on the opposite party, shall be at liberty, until such appointment be made all subsequent orders and notices which should have and notice thereof given, to serve such party with been served on such attorney.

Compelling Sheriff, &c., to Return Writ, or bring in Body or Money.

120. Where a sheriff or other officer to whom a writ shall have been delivered, shall not return the same according to the exigency thereof, or to the provisions of the 123d rule, a side-bar rule may be entered, that the sheriff or other officer shall re

turn the writ within two days, or that an attachment shall issue; which rule, (in case the sheriff shall have gone out of office), may be entered at any time within six months after his so going out of office. And in case the said rule shall not be complied with within two days after the service thereof, or good cause shown against the same, on production to the proper officer of an affidavit of service of the rule on the sheriff or his returning officer, and of the non-compliance therewith, as aforesaid, and attachments may issue without further order.

121. Where a sheriff or other officer shall have returned cepi corpus on any capias ad satisfaciendam, or money levied on a fieri facias, or venditioni exponas, a side-bar rule may be entered, that the sheriff or other officer do bring in the body of the defendant, or the amount levied, (as the case may be), or that an attachment shall issue; and such rule, if entered against the sheriff or coroner of the County of the City or County of Dublin, shall be a two-day rule, and in other cases a fourday rule after service. And in case the said sheriff or other officer shall not comply therewith, or show good cause against the said rule, an attach .ent shall issue, on production to the proper officer of an affidavit of service of the said rule on the sheriff or his returning officer, and non-compliance therewith; and this rule shall apply to a return of attachiari fecimus, by a tipstaff or sergeant-at

arms.

122. The rule to bring in the body may be entered against the sheriff who made the return during his continuance in office; but in case he shall have gone out of office, such rule shall be entered against the sheriff in office at the time of its entry; but the rule to bring in the money may be entered against the sheriff who made the return at any time during his continuance in office, and for six months after his going out of office, but not afterwards, except by order of the court.

123. It shall be the duty of the sheriff or other officer, immediately after executing any writ of execution, to return and file the same in the proper office.

124. When a conditional rule for an attachment shall have been entered against any officer, he shall pay the costs of such rule.

125. The officer with whom any writ shall be filed, returned by any sheriff, shall indorse thereon the day when it was so filed.

Attachments.

126. All attachments shall issue, (if in the Queen's Bench or Common Pleas), to the tipstaff, or, (if in the Exchequer), to the sergeant-at-arms, unless where the same shall have been awarded against a party in the custody of the sheriff, in which case such attachment shall issue to the sheriff, or where the same shall have been awarded against the tipstaff, or sergeant-at-arms himself, in which case such attachment shall issue to the Marshal of the Marshalsea of the Four Courts; and during the time that any such attachment against said tipstaff or sergeant-at-arms shall be in force, all attachments which would otherwise have issued

to the said tipstaff or sergeant-at-arms shall issue to the said Marshal of the Marshalsea.

127. In all cases where an attachment shall have issued to the tipstaff, sergeant, marshal, or coroner, no consent or discharge from any attorney or his client only shall be of any avail, unless the fees to which such officer may be at the time entitled shall have been first paid; and in case the party against whom such attachment was issued shall have been arrested thereunder, the tipstaff, sergeant, marshal, or coroner, shall not be obliged to discharge such party until his fees shall have been first paid, unless the court shall order to the contrary.

Motions and Rules.

128. No service of any rule or notice (including notice of bail) shall be valid, unless made before nine o'clock at night; and the time specified in all rules requiring service shall begin to run from the day of service thereof.

129. All requisitions for rules and orders obtained in any of said courts, shall be lodged with the clerk of the rules on the day of obtaining such rule or order.

130. All rules and orders shall state at the foot thereof the Christian names as well as the sirnames of the respective attorneys, or in case of a firm, the usual title of such firm.

131. It shall be sufficient to state in every notice of motion, that the same will be moved on the first opportunity; and all notices of motion shall be served two clear days previous to such motion being made; and all notices shall contain the name and registered residence of the attorney for the party serving the same, and also the name and registered residence of the attorney to be served; and in every notice of motion to show cause against, or vary an order, except to set aside a verdict or nonsuit, the grounds on which it is intended to show cause or vary the said order shall be set forth.

132. No affidavit which shall not have been sworn and filed at the time of the service of the notice of motion, and shall not be so mentioned in said notice, shall be used on any motion, and on all motions the attorney filing such affidavit shall have in court, ready for production, copies thereof, certified by him.

133. Every conditional order shall be served within one week from the day same shall be pronounced, unless further time be allowed by the court; and, in default thereof, such conditional order shall stand discharged.

134. Where a conditional order shall have been obtained, and an affidavit shall have been duly and in due time filed for showing cause, and notice thereof duly given, such affidavit and notice shall be good cause against making the conditional order absolute, unless the party obtaining such conditional order shall, within six days after notice of the filing of such affidavit and due notice thereof, give notice of applying to the court to make the conditional order, or some part thereof, absolute, and shall move such notice according to the course of the court; and if such notice be not given, aud moved within the time aforesaid, the party on whose behalf such affidavit has been filed, provided he has