130

The time so to be named shall be the Court
day next after the expiration of a certain num-
ber of clear days after personal service of the
summons, according to the scale of distances of
the residence of the defendant from the Court
House, by the nearest available road, which
scale is set out in the schedule hereunto an-
nexed, marked B.

7. No Solicitor shall take out any summons
   on behalf of any plaintiff or shall appear for
   any defendant until he shall have filed with
   the Clerk of the Court a warrant or authority
   in that behalf, signed by the plaintiff or defen-
   dant as the case may be in the form in the
   schedule hereto annexed, marked C. But it
   shall be sufficient for a Solicitor to sign a
   written declaration; that he is authorised to
   act as Solicitor in the action on behalf of such
   plaintiff or defendant, provided that he file a
   regular warrant signed by the party himself
   as early as may be afterwards.

8. Upon every summons shall be endorsed
   by the Clerk of the Court the actual amount of
   what the plaintiff claims for costs, in respect of
   such summons and of the service thereof and
   incidental thereto, and also a memorandum that,
   upon payment of the plaintiff's claim and costs
   to the Clerk of the Court two clear days before
   the day of hearing, proceedings in the action
   will be stayed.

9. A copy of the summons must be served
   personally on the defendant. If there be more
   defendants than one it must be served upon
   each of the defendants.

But if the summons is against husband and
wife, service on the husband alone will be suffi-
cient.

Where the defendants are sued as co-partners
in any trade or business, service on one of the
co-partners shall be deemed good service on all
the co-partners.

10. If the summons be served on a Sunday,
    Christmas day, or Good Friday, such service
    shall be wholly void.

11. Personal service is unnecessary when a
    solicitor has undertaken in writing to accept
    service on behalf of the defendant. In such
    case it is sufficient to leave a copy of the sum-
    mons at the office of such Solicitor.

12. An affidavit in the form marked D in
    the schedule hereto annexed, showing the per-
    sonal service of a copy of the summons toge-
    ther with a copy of the bill of particulars, and
    the time and place of the service, may be filed
    by the plaintiff in the office of the Court. Such
    affidavit being filed the plaintiff may then pro-
    ceed in the action, even though the defendant
    fail to appear.

13. A copy of the particulars of demand
    shall be annexed to and delivered with the
    summons.

14. Where a plaintiff shall seek to recover
    compensation for special damage, but such
    special damage shall not be essential to the
    cause of action, he shall at the foot, or in, the
    particulars of demand give notice of such
    special damage, and the nature and amount
    thereof.

15. Where a defendant shall be allowed by
    law to give evidence in mitigation of damages,
    and shall propose to offer such evidence, he
    shall give notice of the nature of the matters
    so to be given in evidence at the foot of his
    written defence to be delivered to the Clerk of
    the Court as hereinafter mentioned.

16. Whenever a defendant in any action for
    possession of goods, or for damages for the
    withholding or non-delivery or conversion
    thereof, shall rely upon a right of ownership,
    over such goods, whether absolute or limited,
    in himself or in a third person, he shall set
    forth specifically the material facts out of which
    such right shall arise.

17. In every case where the plaintiff shall
    seek to recover a sum of money made up of a
    number of distinct items, he shall set forth in
    his particulars of demand the several items,
    their dates and amounts.

18. In any case in which the plaintiff shall
    give credit in the particulars of his demand for
    any sum or sums of money therein admitted to
    have been paid to the plaintiff, and shall set
    forth in such particulars the dates of such pay-
    ments respectively, it shall not be necessary for
    the defendant to state the payment of such
    sum or sums in his written defence. But if
    the defendant shall rely on any other or further
    payments not admitted in the plaintiff's partic-
    ulars of demand, he shall in his written defence
    state the same specifically, stating the dates of
    such payments respectively.

19. Also if the plaintiff shall not set forth the
    dates of the payments admitted to have been made,
    the defendant shall in his written defence state
    specifically all the payments upon which he
    shall rely, setting forth the dates respectively.

20. If the defendant does not set forth the
    dates of the several payments relied on, it may
    be set aside as irregular.

21. Where the defendant claims a set off,
    he shall set forth such particulars thereof as
    would be necessary in case he were suing
    thereon otherwise it may be set aside as ir-
    regular.

22. Where a set-off is claimed exceeding in
    amount the sum claimed by the plaintiff, the
    defendant shall be at liberty to add to his par-
    ticulars of set-off a notice, that he claims to
    recover the excess, and the same may be re-
    covered accordingly.

23. The particulars of demand, set-off, or
    payment annexed to any written defence are to
    be taken as a part of such defence, to all intents
    and purposes.

24. In any action brought by a man and his
    wife for any injury done to the wife in respect
    of which she is necessarily joined as co-plaintiff;
    it shall be lawful for the husband to add thereto
    claims in his own right, and separate actions
    brought in respect of such claims may be con-
    solidated if the presiding Judge shall think fit.

25. In an action for possession of a chattel,
    a claim for damages for the detention or non-
    delivery or deterioration of the same may be
    joined.

26. The plaintiff may serve upon the de-