Upon Notice or Plea of of Plaintiffs, be so joined, or that the Person or Persons to be struck out as 36. In case such Notice be given, or any Plea in Abatement of Nonjoinder of a Person or Persons as Co-Plaintiff or Co-Plaintiffs, Nonjoinder in Cases where such Plea in Abatement may be pleaded, be pleaded Proceedings by the Defendant, the Plaintiff shall be at liberty to enter a Side 15 may be Bar Order to amend the Writ and other Proceedings before Plea, amended. by adding the Name or Names of the Person or Persons named in such Notice or Plea in Abatement, and to proceed in the Action without any further Appearance, on Payment of the Costs of and occasioned by such Amendment only, and in such Case the Defen- 20 dant shall be at liberty to plead de novo. 15 & 16 Vict. c. 76. s. 36. Misjoinder of Defendants may be amended before or at Trial. 15 & 16 Vict. c. 76. s. 37. Proceeding when Nonjoinder of Defendant 3 & 4 Vict. c. 38. 37. It shall and may be lawful for the Court or a Judge in the Case of the Joinder of too many Defendants in any Action or Contract, at any Time before the Trial of such Cause, to order that the Name or Names of One or more of such Defendants be struck 25 out, if it shall appear to such Court or Judge that Injustice will not be done by such Amendment; and the Amendment shall be made upon such Terms as the Court or Judge by whom such Amendment is made shall think proper; and in case it shall appear at the Trial of any Action on Contract that there has been a Mis- 30 joinder of Defendants, such Misjoinder may be amended as a Variance at the Trial, in like Manner as the Misjoinder of Plaintiffs has been herein-before directed to be amended, and upon such Terms as the Court or Judge or other presiding Officer by whom such Amendment is made shall think proper. 38. No Plea in Abatement for the Nonjoinder of any Person as a Co-Defendant shall be allowed unless it shall be stated in such Plea that such Person is resident within the Jurisdiction of the Court, and unless the Place of Residence of such Person shall be stated 35 c. 105.9s. 37. with convenient Certainty in an Affidavit verifying such Plea; and 40 upon any Objection for the Nonjoinder of a Defendant being taken by Plea in Abatement, it shall be competent to the Plaintiff to reply that that such Person has been discharged by Bankruptcy or Insolvency, or that the Statute of Limitations would be a Bar to any Action against him. Abatement for Non 15 & 16 Vict. 39. In any Action or Contract where the Nonjoinder of any Upon Plea in 5 Person or Persons as a Co-Defendant or Co-Defendants has been pleaded in Abatement, the Plaintiff shall be at liberty to enter a joinder of Defendants, Side Bar Order, to amend the Writ of Summons and the Declara- Proceedings tion, by adding the Name or Names of the Person or Persons may be named in such Plea in Abatement as joint Contractors, and to serve amended. 10 the amended Writ upon the Person or Persons so named in such c. 76. s. 38. Plea in Abatement, and to proceed against the original Defendant or Defendants, and the Person or Persons so named in such Plea in Abatement: Provided that the Date of such Amendment shall, as between the Person or Persons so named in such Plea in Abate15 ment and the Plaintiff, be considered for all Purposes as the Commencement of the Action. Persons Abatement 40. In all Cases after such Plea in Abatement and Amendment, Provision in the Case of if it shall appear upon the Trial of the Action that the Person or subsequent Persons so named in such Plea in Abatement was or were jointly Proceedings 20 liable with the original Defendant or Defendants, the original against the Defendant or Defendants shall be entitled as against the Plaintiff named in a to the Costs of such Plea in Abatement and Amendment; but if Plea in at such Trial it shall appear that the original Defendant or any of the for Nonoriginal Defendants is or are liable, but that One or more of the joinder of Defendants. 25 Persons named in such Plea in Abatement is or are not liable as a 15 & 16 Vict. contracting Party or Parties, the Plaintiff shall nevertheless be c. 76. s. 39. entitled to Judgment against the other Defendant or Defendants who shall appear to be liable; and every Defendant who is not so liable shall have Judgment, and shall be entitled to his Costs as 30 against the Plaintiff, who shall be allowed the same, together with the Costs of the Plea in Abatement and Amendment, as Costs in the Cause against the original Defendant or Defendants who shall have so pleaded in Abatement the Nonjoinder of such Person: Provided that any such Defendant who shall have so pleaded in 35 Abatement shall be at liberty on the Trial to adduce Evidence of the Liability of the Defendants named by him in such Plea in Abatement. Joinder of 41. In any Action brought by a Man and his Wife for any by Claims Cause of Action arising in respect of the Wife, and in respect of Husband and 40 which she is necessarily joined as Co-Plaintiff, it shall be lawful for Wife, with the Husband to add thereto Claims in his own Right, and separate right of Actions brought in respect of such Claims may be consolidated if Husband. 16 & 17 Viet. Claims in Joinder of Different Action may 15 & 16 Vict. c. 76. s. 41. Questions the Court or Judge shall think fit: Provided that in the Case of the Death of either Plaintiff such Suit, so far only as relates to the Causes of Action, if any, which do not survive, shall abate. And with respect to Joinder of Causes of Action, be it enacted as follows: 5 42. Causes of Action of whatever Kind, provided they be by and against the same Parties and in the same Rights, may be joined in the same Suit, but this shall not extend to Real Actions or to Actions of Replevin or Ejectment; and where Two or more of the Causes of Action so joined are local and arise in different Counties, 10 the Venue may be laid in either of such Counties, but the Court or a Judge shall have Power to prevent the Trial of different Causes of Action together if such Trial would be inexpedient, and in such Case such Court or Judge may order separate Records to be made up, and separate Trials to be had. And for the Determination of Questions raised by Consent of the by Consent, Parties without pleading, be it enacted as follows: Fact may, after Writ issued by Consent and Leave of a Judge, be raised with 15 without Pleading. 43. Where the Parties to an Action are agreed as to the Question Questions of or Questions of Fact to be decided between them, they may, after Writ issued and before Judgment, by Consent and Order of the 20 Court or a Judge, (which Order the said Court or Judge shall have Power to make, upon being satisfied that the Parties have a bonâ fide Interest in the Decision of such Question or Questions, and that the same is or are fit to be tried,) proceed to the Trial of any Question or Questions of Fact without formal Pleadings; and such 25 Question or Questions may be stated for Trial in an Issue in the Form contained in the Schedule (A.) to this Act annexed, marked No. 6, and such Issue may be entered for Trial and tried accordingly in the same Manner as any Issue joined in an ordinary Action; and the Proceeding in such Action and Issue shall be 30 under and subject to the ordinary Control and Jurisdiction of the Court as in other Actions. out Plead ings. Agreement may be en tered into for 44. The Parties may, if they think fit, enter into an Agreement & in Writing, which shall not be subject to any Stamp Duty, and the Payment which shall be embodied in the said or any subsequent Order, that 35 of Money and Costs accord- upon the Finding of the Jury in the Affirmative or Negative of such Issue or Issues, a Sum of Money fixed by the Parties, or to be Result of the ascertained by the Jury upon a Question inserted in the Issue for 15 & 16 Vict. that Purpose, shall be paid by One of such Parties to the other of c. 76. s. 43. them, either with or without the Costs of the Action. ing to the Issue. 40 45. Upon 5 be entered 45. Upon the Finding of the Jury in any such Issue, Judgment Judgment to may be entered for such Sum as shall be so agreed or ascertained as according to aforesaid, with or without Costs, as the Case may be, and Execution the Agreemay issue upon such Judgment forthwith, unless otherwise agreed, ment, and Execution or unless the Court or a Judge shall otherwise order for the Purpose issued forthof giving either Party an Opportunity for moving to set aside the with, unless Verdict, or for a new Trial. stayed. 15 & 16 Vict. c. 76. s. 44. Issue upon 46. The Proceedings upon such Issue may be recorded at the Proceedings Instance of either Party, and the Judgment, whether actually re10 corded or not, shall have the same Effect as any other Judgment in corded. a contested Action. 47. The Parties to any Cause may, by Consent in Writing, signed by them or their Attorneys, as the Case may be, leave the Decision of any Issue of Fact to the Court, provided that the Court or a 15 Judge shall, in their or his Discretion, think fit to allow such new Trial; or provided the Judges of the Superior Courts of Law at Dublin shall, in pursuance of the Power herein-after given to them, make any general Rule or Order dispensing with such Allowance, either in all Cases or in any particular Class or Classes of Cases to 20 be defined in such Rule or Order; and such Issue of Fact may thereupon be tried and determined, and Damages assessed where necessary in open Court, either in Term or Vacation by any Judge who might otherwise have presided at the Trial thereof by Jury, either with or without the Assistance of any other Judge or Judges 25 of the same Court, or included in the same Commission at the Assizes; and the Verdict of such Judge or Judges shall be of the same Effect as the Verdict of a Jury, save that it shall not be questioned upon the ground of being against the Weight of Evidence; and the Proceedings upon and after such Trial, as to the Power of 30 the Court or Judge, the Evidence, and otherwise, shall be the same as in the Case of Trial by Jury. 48. The Parties may, after Writ issued, and before Judgment by Consent and Order of the Court, or a Judge, state any Question or Questions of Law in a Special Case for the Opinion of the Court, 35 without any Pleadings. 15 & 16 Vict. c. 76. s. 45. Questions of Law may be raised after Writ issued by Consent, Pleading. &c., without 15 & 16 Vict. c. 76. s. 46. Agreement Money and 49. The Parties may, if they think fit, enter into an Agreement as to Payin Writing, which shall not be subject to any Stamp Duty, and ment of which shall be embodied in the said or any subsequent Order, that Costs, acupon the Judgment of the Court being given in the Affirmative or cording to 40 Negative, of the Question or Questions of Law raised by such Special upon Special Judgment Case, a Sum of Money fixed by the Parties, or to be ascertained by Case. & 16 Vict . 76. s. Costs to follow the Event, unless otherwise agreed. 15 & 16 Vict. c. 76. s. 48. Pleadings in General. Fictitious and needless Averments not to be made. c. 76. s. 49. the Court, or in such Manner as the Court may direct, shall be paid 50. In case no Agreement shall be entered into as to the Costs of such Action, the Costs shall follow the Event, and be recovered by the successful Party. And with respect to the Language and Form of Pleadings in general, be it enacted as follows: 10 51. All Statements which need not be proved, such as the Statement of Time, Quantity, Quality, and Value, where these are immaterial; the Statement of losing and finding, and Bailment in 15 16 & 16 Vict. Actions for Goods or their Value; the Statement of Acts of Trespass having been committed with Force and Arms, and against the Peace of our Lady the Queen; the Statement of Promises which need not be proved, as Promises in Indebitatus Counts, and mutual Promises to perform Agreements, and all Statements of a like 20 Kind, shall be omitted. Judgment rer to be given ac 52. Either Party may object by Demurrer to the Pleading of upon Demur- the opposite Party, on the ground that such Pleading does not set forth sufficient Ground of Action, Defence, or Reply, as the Case may be; and where Issue is joined on such Demurrer, the Court 25 shall proceed and give Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without c. 76. s. 50. regarding any Imperfection, Omission, Defect in or Lack of Form. cording to the very Right of the Cause. 15 & 16 Vict. Objections by way of special De murrer. 15 & 16 Vict. c. 76. s. 51. Pleadings framed to embarrass may be struck out or amended. 15 & 16 Vict. c. 76. s. 52. 53. No Pleading shall be deemed insufficient for any Defect, which, prior to the Commencement of the Common Law Procedure 30 Amendment Act (Ireland), 1853, could only be objected to by Special Demurrer. 54: If any Pleading be so framed as to prejudice, embarrass, or delay the fair Trial of the Action, the opposite Party may apply to the Court or a Judge to strike out or amend such Pleading, and 35 the Court or Judge shall make such Order respecting the same, and also respecting the Costs of the Application, as such Court or Judge shall think fit. 55. Rules |