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JANUARY, 1913.]

The Gazette of the Incorporated Law Society of Ireland.

81

3. Every Civil Bill under the Act shall be

served on the opposite party one calendar

month at least before the first day of the

Sessions at which the same is to be heard.

4. Where the defendant has not a residence

or place of business in the County in which

the Civil Bill is returnable for hearing, service

of the said Civil Bill may be made by any

person and such service out of the County

may be proved orally or by affidavit. Such

affidavit shall be lodged and filed with the

Clerk of the Peace. But where the defendant

in such Civil Bill has a residence or place of

business in the County in which such Civil

Bill is returnable for hearing, the same shall

be served by one of the process servers of the

Court.

5. The Judge shall have power to direct

such substituted or other- service or the

substitution of notice for service or such

service in any part of Ireland as he shall, in

the circumstances, deem just.

In any case

the Judge may upon just grounds declare the

service actually effected sufficient.

6. Every Civil Bill under the Act shall state

approximately the locality where and the

time when the damage occurred in respect of

which expenses are sought to be recovered,

as well as the nature and extent of the

damage.

In every case the defendant shall

be at liberty to call upon the plaintiff by

notice in writing served not later than twelve

clear days before the return day for fuller and

better particulars of the damage, and such

particulars shall be furnished within four

days from the service of such notice.

In the

event of such particulars not being furnished,

the Judge shall decide at the hearing whether

they may be dispensed with.

7. Any defendant may, four clear days

before the return day, serve on the plaintiff a

statement admitting or denying any of the

statements in the Civil Bill or raising any

question of law on such statements without

admitting the truth thereof, and he may

therein state concisely any fact or docu

ment on which he

intends to rely as a

defence or which he intends to bring to the

notice of the Court.

8. In all Civil Bills under the Act the fees

specified or provided for in the Schedules of

Fees annexed to these Rules shall be the

lawful fees and emoluments for the discharge

by Solicitors of the duties therein mentioned,

and no other fees or emoluments shall be

recoverable for the discharge of such duties

or be allowed in any bill of costs. Provided,

however, that, in all cases in which the fees

so specified or provided for

in

the said

Schedules having regard to the work actually

performed shall, in the opinion of the Judge

be inadequate he may make for any particu

lar case a special order allowing such fees,

costs, charges, and expenses as he may think

reasonable and just. The Judge shall at the

hearing fix such sum for witnesses' expenses

as he shall think reasonable and just.

9. Such fees shall be taxed by the Clerk of

the Peace. Any person aggrieved by such

taxation may appeal to the Court to have

same reviewed.

10. The fees specified and provided for in

the said Schedules shall be exclusive of

postage, Court fees, expenses of witnesses and

other outlay.

11. Non-compliance with any of the fore

going Rules shall not render any proceedings

void unless the Judge shall so direct, but the

time may be extended and the proceedings

may be set aside either wholly or in part or

may be amended or otherwise dealt with in

such manner and upon such terms as the

Judge may think just, and the Judge shall

have power to enlarge or abridge the time

appointed by these Rules for doing any act

or taking any proceedings upon such terms,

if any, as the case may require, and any such

enlargement may be applied for and ordered

after the expiration of the time appointed or

allowed.

12. Where not otherwise expressly pro

vided by or in connection with these Rules,

the existing practice of the County Courts

including all powers of amendment and

adjournment shall apply to all proceedings

under the Act.

FEES.

SCHEDULE I.

The costs in respect of proceedings under

the Act shall be according to the following

scale and shall be payable by the defendant

to the plaintiff according to the amount

recovered, and by the plaintiff to the defen

dant, in the case of a dismiss, according to

the amount applied for.