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Judge shall and may order him to show the same to such party or his attorney, at such party's expense, at the place in or near which the defendant resides, the said Registrar deciding, in case of any dispute between the parties, in which place the cause shall be set down for trial, having regard to the residence of the witnesses, when the defendant lives at equal distance from two or more places.
LXXXVII. And be it Enacted, That if any party being served with any statement, answer, reply or rejoinder, plaint or plea, claim or article, shall not, within the times severally hereinbefore specified, put in his answer, reply or rejoinder, plea or article, as the case may be, such party so making default shall be deemed to have confessed the matter alleged against him, and the opposite party may sign interlocutory judgment according to the form set forth in Schedule (G.) hereunto annexed, and give notice of proceeding to assess the damages and tax the costs if he be the plaintiff, or to tax the costs if he be the defendant, at the next sitting of the court.
LXXXVIII. Provided always, and be it further Enacted, That it shall and may be lawful for the said Judge before whom such interlocutory judgment, shall have been signed, upon application of the party making default, by summons, and upon hearing both parties or their attornies on oath, if he think fit, which oath he is hereby authorized to administer, to set aside such interlocutory judgment on such terms, in respect to delay, costs and admissions, as he shall think just and reasonable.
LXXXIX. And be it Enacted, That it shall and may be lawful for the Judge in Ordinary before whom any action plaint or claim of legacy shall be brought, upon the application of either party, to order a more particular account to be given in writing of any demand, or matter of defence, or of set-off, or any matter of answer, reply or rejoinder, or of plea, or of article, upon such terms, in respect of costs, delay or admission, as he shall think just and reasonable.
XC. And be it Enacted, That such Judge shall have power in any case, upon summons or hearing both parties, or their counsel or attornies, to allow, if he think fit, more than one answer, more than one reply, more than one rejoinder, more than one defence upon articles giving such further leave to the other party as he thinks proper, in consequence of the said allowance.
XCI. And be it Enacted, That any person taking a false oath, or making a false affirmation, or verifying upon a false oath or false affirmation, in any case wherein an oath or affirmation or verification upon oath or affirmation is required or allowed to be taken or made by this Act, shall be deemed guilty of wilful and corrupt Perjury, and being
Identifier: | JB/004/022/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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44 |
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(2-43) |
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1943 |
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