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.