Page:UKSRO 1890.pdf/131

1. Where any defendant, except in an action for rent, intends to set off any debt or demand alleged to be due to him by the plaintiff, or where he intends to dispute the consideration of any security for money, he shall give a notice in writing of such intention to the plaintiff two clear days before the return day, and when such notice relies upon a set-off, it shall contain particulars of the account upon which the defendant claims the Bet-off to be due. If the defendant intends to rely upon any claim for unliquidated damages or any set-off other than such set- off as herein-before mentioned, he shall give notice in writing thereof to the plaintiff four clear days before the return day, and such notice shall contain particulars of such set-off or counter- claim; but no counter-claim shall in any case be allowed unless it be connected with the subject-matter of the action.

2. Where the defendant intends to set up as a defence to any claim for rent a deduction or set-off in respect of debts due by the landlord to the tenant under the 48th section of the Land- lord and Tenant Law Amendment Act (Ireland), 1860,<r1> such defendant shall give a notice in writing of such intention, stating particulars of such deduction or set off to the plaintiff two clear days before the return day, and where the defendant intend to rely upon the provisions of section 40 of the same Act, he shall lodge with the Clerk of the Peace the money tendered by him as thereby directed, and give notice of such lodgment to the plaintiff two clear days before the return day.

3. Where the defence is a tender, such defence shall not be available unless before or at the hearing of the cause the defendant lodges with the Clerk of the Peace the amount alleged to have been tendered, together with the costs of the action up to the time of the tender, if the same was made after action brought.

4. Where the defendant intends to rely on the defence of a release under any statute relating to bankrupts, he shall, two clear days before the return day, serve on the plaintiff a notice of his intention to rely upon such defence, and shall state in such notice the date of his certificate, discharge, or final order, and the Court by which same was granted.

5. In actions brought under section 1 of the 37 & 38 Vict. c. 66, or any Act extending or amending the same, to recover lands, any defendant may, two clear days before the return day, serve on the plaintiff a notice in writing, signed by himself or his solicitor, that he intends to limit bis defence to a part only of the property mentioned in the Civil Bill, describing that part in his notice with reasonable certainty.

6. When the defendant in any action of trespass, or in any action (other than an action to recover land) brought under the title jurisdiction, intends to rely upon a justification of the acts <r1>23 & 24 Vict. c. 154.