When motion postponed. What notice tain. not a nullity; but it would appear in such a case that the notice is to be considered as served upon the following day, and that therefore a notice of motion served on Whit Tuesday is not in time for the following Friday (Smith v. Grant, 6 Ir. Jur. O. S. 317). If served after nine o'clock at night the notice will be, it would appear, a nullity (Anon, 4 Law Rec. O. S. 206). Where a motion is ordered to stand over for a particular time, notice ought to be given to the opposite party of its coming on (M'Kee v. M'Kee, 6 Ir. Jur. N. S. 18); and, therefore, in every case moved in Chamber, and directed to stand over for the full Court, a notice of renewing the motion must be served (Sullivan v. Sullivan, 6 Ir. C. L. R. 523). If the notice, in place of stating that the application will be made upon the first opportunity, states that it will be made upon a particular day which has an impossible date, it will be irregular (Tisdall v. Humphries, I I. L. T. 64). In addition to the several matters specified above, the notice of motion should con- must, where it is sought to set aside proceedings for irregularity, point out specifically the irregularity complained of (119th G. O. post, Martin v. Lane, 10 Ir. C. L. R. Ap. 3.; Edgar v. Houston, 7 Ir. Jur. O. S. 362). Where, however, a party moved to set aside a return made by a sheriff "as irregular and contrary to the usual and proper form," the Court set aside the return as being bad ex facie (Coster v. Hopkins, Ir. R. 1 C. L. 561). The notice should ask for costs, but if not asked for the Court may, in its discretion, award them (Farrer v. Morris, 7 I. C. L. R. 14). The documents, &c., on which the party moving relies must be mentioned in notice (Bethem v. Fernie, 6 Ir. Jur. O. S. 281). If the notice does not contain the name and registered residence of the attorney it will be defective (Doyle v. Hammond, 6 Ir. Jur. O. S. 293). Copies of affidavits. Withdrawing notice. Striking out. Requisitions for rules. Together with the notice, copies of the affidavits to be used upon the motion must be served. When a copy of an affidavit relied on is not served it cannot be used, and the Court will refuse the motion with costs if the other affidavits relied on are not sufficient (Robinson v. Blake, 3 Ir. Jur. O. S. 96; Mansfield v. Hackett, 5 Ir. Jur. O. S. 46). The opposite party is entitled to take a copy of any exhibit relied upon in an affidavit (Tebbutt v. Ambler, 7 Dowl. 674). The attorney filing an affidavit must have a copy of it in Court ready for production and certified by him. When a notice is served it cannot be withdrawn, except upon the terms of paying all costs properly and necessarily incurred up to the time it is withdrawn. Where a second notice was served withdrawing the first, the Court, before hearing the second notice, discharged the first with costs (Lynch v. Craig, 6 Ir. Jur. O. S. 264); and where pending a notice to set aside a defence the defendant filed a plea of confession, it was held the plaintiff was, notwithstanding, entitled to move (Good v. Allen, 6 Ir. C. L. R. 244). If the party serving the notice does not appear, the opposite party must have the notice struck out with costs, in order to entitle himself to his costs; and for this purpose it will be necessary to have an affidavit of the service of the notice. When a motion has been refused, or "no rule" has been pronounced upon it, it cannot be renewed (O'Brien v. Taylor, 6 Ir. C. L. R. 124; Hargreave v. Meade, 9 Ir. C. L. R. Ap. 45). 129. All requisitions for rules and orders obtained in any of said Courts, shall be lodged with the Clerk of the Rules on the day of obtaining such rule or order. 130. All rules and orders shall state at the foot thereof the Christian christian names as well as the surnames of the respective attor- and surname neys, or in case of a firm, the usual title of such firm. of attorney to be stated in rule. what to state 131. It shall be sufficient to state in every notice of motion, Notice of that the same will be moved on the first opportunity; and all motion, notices of motion shall be served two clear days previous to such motion being made; and all notices shall contain the name and registered residence of the attorney for the party serving the same, and also the name and registered residence of the attorney to be served; and in every notice of motion to show cause against, or vary an order, except to set aside a verdict or nonsuit, the grounds on which it is intended to show cause or vary the said order shall be set forth. notice served 132. No affidavit which shall not have been sworn and filed at Affidavits to the time of the service of the notice of motion, and shall not be be filed when so mentioned in said notice, shall be used on any motion, and on all motions the attorney filing such affidavit shall have in Court, ready for production, copies thereof, certified by him. to be served. 133. Every conditional order shall be served within one week Conditional from the day same shall be pronounced, unless further time be order, when allowed by the Court; and in default thereof, such conditional order shall stand discharged. If the conditional order be not served within the specified time, the Court cannot make an order that the officer shall receive an affidavit of service effected afterwards. In such cases the course to be adopted is to apply for a fresh order (Goggin v. O'Reilly, 6 Ir. Jur. O. S., 292). In May v. May, 13 Ir. C. L. R., Ap. 36, it seems to have been considered that in case of a fatality the Court might dispense with service within the specified time. As to making the conditional order absolute in case no cause is shown, see the 136th G. O. post, and as to the proceedings to be taken when cause is shown, see the 134th and 135th G. O's. charging make abso 134. Where a conditional order shall have been obtained, and Mode of disan affidavit shall have been duly and in due time filed for showing conditional cause, and notice thereof duly given, such affidavit and notice order when shall be good cause against making the conditional order absolute, motion to unless the party obtaining such conditional order shall, within six lute not days after notice of the filing of such affidavit and due notice made. thereof, give notice of applying to the Court to make the conditional order, or some part thereof, absolute, and shall move such notice according to the course of the Court; and if such notice be not given, and moved within the time aforesaid, the party on whose behalf such affidavit has been filed, provided he has been Showing cause where filed. served with the conditional order, shall be entitled to a side-bar rule, allowing the cause shown against the conditional order, as an authority for taxing the costs of making and filing such affidavit, and giving notice thereof, and such costs shall be taxed accordingly. This order, however, not to extend to conditional orders to confirm an award or Master's report, or to set aside a verdict or nonsuit, or to arrest judgment. When a party files affidavits for the purpose of showing cause against a conditional order, he should not serve notice of motion, and the service of a notice in such a case will be an irregularity (O'Donnell v. O'Donnell, 3 Ir. C. L. R. 29). Where, however, a garnishee served notice of showing cause, he was held entitled to begin, although the judgment creditor subsequently served notice of motion to make absolute (Gilmour v. Simpson, 8 Ir. C. L. R., Ap. 38). When notice of the filing of an affidavit for the purpose of showing cause is served upon the party who obtained the conditional order, he must serve notice of motion to make absolute, within six days after notice of filing (Vint v. Langtree, 1 Ir. L. T. 279). The party obtaining the order will not as a general rule be allowed to support it by any affidavits or documents other than those on which it was obtained (Byrne v. Chester and Holyhead Railway Co., 1 Ir. Jur. N. S. 511; White v. Doolan, 3 Ir. L. R. 500); he may, however, be permitted to use affidavits in reply (O'Donnell v. O'Donnell, 5 Ir. Jur. O. S. 107). 135. Where a conditional order shall have been obtained, and affidavit no affidavit shall be filed as cause, but notice of motion to show cause shall be served within the time limited by the conditional order, the party serving such notice shall, within the time aforesaid, file an affidavit of the due service of such notice, and bring forward and move such motion according to the course of the Court; and in case the notice to show cause shall be discharged, the order shall be made absolute. Making ab solute, when no cause shown. The notice in such cases should specify the grounds upon which it is intended to show cause against the Order. 131st G. O. ante. 136. Where a conditional order shall have been obtained, and no affidavit shall be filed, or notice of showing cause served within the period limited by the conditional order, on an affidavit being filed of the due service thereof, and a certificate of no cause, the same shall be made absolute in the office, unless the Court shall have otherwise directed by the conditional order. When a particular time is mentioned in a conditional order, and it is not made absolute within that time, the opposite party has the intervening time until the order is made absolute to show cause. The time in a conditional order speaks from the date of its being made absolute (Divine v. Divine, 6 Ir. Jur. N. S., 383). tachment to 137. Every conditional order for an attachment shall be Conditional served personally on the party against whom such order may be orders for atmade, except in the case of Sheriff's or other officers, when ser- be served vice on the Returning Officer shall be sufficient, unless otherwise personally. directed by the order in either of the above cases. for costs 138. Where costs shall have been awarded by any order, and Execution no sum therein named, the party entitled to such costs shall be awarded by at liberty to issue execution for the same on production of the order. original order and the officer's certificate of taxation. CONSENTS. certain mat 139. Consents for judgment, and consents to submit matters Consents for in the cause to arbitration, may be made Rules of Court by side- ters may be bar rule, but all other consents shall be moved in Court. AFFIDAVITS. made rules of Court by side-bar. how entitled. 140. Every affidavit shall be entitled in the Court in which the Affidavits, same is to be used, and shall contain the addition and residence R. G. H. T of the person making the same. The affidavit must be entitled in the Court (Molling v. Poland, 3 M. & S. 157). It must also be entitled in the cause, and both the christian names and the surnames of the parties must be stated (Anderson v. Baker, 3 Dowl. 107; Chaffers v. Bingham, 1 Jebb. & Sym. 527). 1853, r. 138. 141. In every affidavit the deponent shall sign his name or Affidavits, how to be mark on the left-hand side of the affidavit, and the jurat shall be signed, and on the right-hand side; and if the affidavit be made by two or erasures to more persons, their names shall be severally mentioned in the be noticed. jurat, and no affidavit shall be received in which there shall appear to be either interlineation or erasure, unless the same be noticed in the jurat, or initialed by the officer; and no interlineation or alteration shall be allowed in the jurat, unless it be in the handwriting of the person before whom such affidavit is sworn; and every affidavit to hold to bail, and every affidavit in a cause or matter, shall be signed by the attorney for the party filing it, when the said party shall have an attorney, and no affidavit shall be deemed sufficient if made before the party's own attorney in the cause, or before his clerk. The jurat must contain the several matters specified in the 143rd and 145th G. O.'s post. It must also set forth the place and county where sworn (4 Wm. & Mary, ch. 4, sect. 4; Pick v. Horan, 2 Ir. Jur. N. S., 460; Taunton v. Mahon, 3 Ir. Jur., O. S. 359); and the date of swearing (Ivie v. Phelan, 4 Law. Rec. O. S. 123); and it must be signed by the Affidavits, how to be written. Certificate when commissioner before whom it is sworn (Champion v. Donnelly, 2 Ir. Jur. N. S. 264). When the jurat is defective the affidavit is irregular and cannot be used. The Court may however adjourn the motion to allow the defect to be amended (Alexander v. Alexander, 2 Ir. Jur. N. S. 493; and see Birch v. Somerville, 2 Ir. C. L. R. 67, 69). As to defects in the copy of an affidavit furnished with a notice of motion, see the note to the 148th G. O. post. 142. All affidavits shall be legibly written or printed book wise on post paper, leaving a margin on the left-hand side of the front, and the right-hand side of the reverse, of at least two inches ; and no officer shall receive or allow to be sworn any affidavit in which there shall be any unreasonable amount of interlineations or erasures; and in all cases where any attorney shall have prepared a copy of any affidavit for attestation, it shall be the duty of the person attending to file such affidavit, to assist the officer in comparing such copy, before the same shall be attested. 143. Where any affidavit is made by any person who from his signature appears to be illiterate, or who is blind, the commissioner taking such affidavit shall certify or state in the jurat R. G. H. T., that the affidavit was correctly read in his presence to the party making the same, and that such party seemed perfectly to understand the same; and also that the said party wrote his name, or made his mark, in the presence of the commissioner taking the said affidavit. And all commissioners shall guard against interlineation or erasure as much as possible in affidavits; but should such be unavoidable, the same must be fully detailed in the jurat. And all commissions to be issued after the date of this order shall contain these directions, in addition to the instructions usually inserted in such commissions. deponent is illiterate. 1853, r. 141. Commissions Certificate as of deponent. 144. All persons appointed Commissioners for taking affidavits or special bail in Ireland, or elsewhere, shall enter and enrol their respective commissions with the Clerk of the Rules of each Court, previously to their acting in any manner under the same. 145. All commissioners for taking affidavits, and officers of to knowledge the Court, shall certify in the jurat of every affidavit taken by them, either that they know the deponent himself, or some person named in the jurat who certifies his knowledge of the defendant. Affidavit sworn abroad how to be authenticated. 146. When any affidavit intended to be used on any proceeding in of the said Courts shall have been sworn before a judge in any England or Scotland, the judge's signature to the jurat shall be verified by affidavit; and if sworn before any other person, except a commissioner appointed for taking affidavits in England or Scotland, the signature of such person to the jurat, and his |