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CIVIL BILL COURT, IRELAND.
123

Order XXVIII.

Remitted Actions.

1. If the plaintiff in any action ordered to be tried or remitted for trial in any Civil Bill Court under any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1870,[1] shall have omitted or refused to lodge the order for trial, and the summons and plaint, as by the said last-mentioned Act pre- scribed, and shall not have filed the summons and plaint, or writ of summons, or shall have taken it off the file, the de- fendant may at any time during the sessions named in such order, lodge with the Clerk of the Peace a certified copy of the said order and the copy of the summons and plaint, or writ of summons, served on the defendant verified by affidavit, for the purpose of having such action dismissed by the Judge, and thereupon the Judge shall have the same power, jurisdiction, and authority, to dismiss the case, and to award costs to the defendant as if the plaintiff bad lodged with the Clerk of the Peace the said order and summons and plaint, or writ of summons, and had failed to proceed thereon at the said sessions.

Order XXIX.

Actions of Detinue.

1. In actions of detinue the decree, if for the plaintiff, shall be for the value of the goods detained, together with a sum to be stated in the decree by way of damages for the detention and costs; but it may be part of the decree that upon payment of the damages for the detention and costs, and a return of the goods on or before a day to be named, the decree shall not issue.

Order XXX.

Proceedings under the Trustee Relief Act and Trustee Acts, and for the Maintenance and Advancement of Infants.

1. Any person or persons desiring to pay money, transfer stock, or deposit security in trust to attend the orders of any County Court under the provisions of the 11 & 12 Vict. c. 68., and of the County Officers and Courts (Ireland) Act, 1877,[2] shall file with the Clerk of the Peace, at his office, an affidavit entitled in the matter of the said Acts, and of the particular trust, and setting forth—

1. His own name, address, and description.

  1. 83 & 84 Vict. c. 109.
  2. 40 & 41 Vict. c. 56.