Common Law Procedure Amendment Act (Ireland) 1853

Filing Plaint.

XXXVII. The original or duplicate Summons and Plaint, or a Copy thereof and of the Endorsements thereon, and of the said Particulars, certified by the Attorney for the Plaintiff to be a correct Copy, shall, in order to enforce a Defence thereto within the Period of Time in such Writ mentioned, Four Days at least before the Time for Pleading thereto has expired, be filed with the Pleadings Assistant of the Court in which the Action shall be depending, and such Document shall be deemed to be a Pleading of the Plaintiff, and in lieu and stead of a Declaration; provided, however, that no Summons and Plaint, or Duplicate or Copy, shall be filed as a Pleading, unless the same shall be on Parchment, and sufficiently legible, and in a fit State and Form to be received as a Pleading of the Court; provided also, that in case such Summons and Plaint shall not be filed within the Time aforesaid, it shall be sufficient, for the Purpose of enforcing a Defence thereto after the Filing of the same, to give Notice of the Filing to the Defendant, and such Defendant shall have Eight Days from the Service of such Notice to file his Defence thereto; but in no Case shall the Plaintiff be at liberty to proceed to enforce a Defence after the Expiration of Six Months from the Service of such Summons and Plaint.