The Gazette 1912-13

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.