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CIVIL BILL COURT, IRELAND.
105

2. Where in any equity suit it shall appear to the Judge that any fact or document can be satisfactorily proved by affi- davit, it shall be in his discretion to receive such affidavit as evidence.

Order XVI.

Trial.

1. On the application of any solicitor whose name shall have been affixed to a Civil Bill without his sanction, such Civil Bill shall be struck out by the Judge.

2. In the case of sickness or unavoidable absence of the solicitor on record for any party, shown to the satisfaction of the Judge, the name of another solicitor may be substituted

3. Where a plaintiff resides out of Ireland the defendant may require, before the case is proceeded with, that the costs of a dismiss shall be lodged with the Clerk of the Peace.

4. Where, upon a case being called on, the defendant produces a dismiss or dismisses obtained by him against the plaintiff for the same cause of action, the plaintiff shall not be at liberty to proceed with his case till he has paid or satisfied the defendant the amount of such dismiss or dismisses.

5. At the hearing the Judge may try the whole matter of the action or suit and give judgment thereon, or grant any relief, redress, or remedy, or may make any order, or give any direction he may consider necessary to enable him to give a final judgment upon a day to which the trial may be adjourned.

6. When at the bearing it shall appear to the Judge that there are any claims, estates, titles, rights, duties, or liabilities, upon which he cannot adjudicate, by reason of all the proper parties not being before the Court, he may order such parties to be made plaintiffs or defendants, upon such terms as to adjournment, notices, and costs, as he shall think fit.

7. Where in an ordinary Civil Bill action a set-off is set up as a defence, the Clerk of the Peace shall immediately take down in the entry of the particular cause that such a defence has been set up, specifying the amount and nature of the set-off, and in case the defendant shall obtain a dismiss by reason of his establishing a set-off it shall also be so taken down in the Clerk of the Peace's book that such dismiss was granted by reason of the establishing of such set-off, and it shall be so stated on the face of such dismiss.

8. Where a plaintiff's demand is reduced by reason of the defendant proving a set-off, the fact of such demand having been reduced by such set-off shall be taken down in the entry of the particular case, specifying the amount of the set-off so established.

9. The expenses of any witness or witnesses in any action or suit shall not be allowed to be charged against a party unless at