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Abstract of Issues for Nisa Prius to be settled by a Judge.
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CII. After Defence or last subsequent Pleading filed, and together with the Notice of Trial, the Plaintiff’s Attorney shall furnish to the Defendant’s Attorney a Draft of the Abstract of the Pleadings and of the Issues in Fact to be tried at Nisi Prius, according to the Form No. 5. in the Schedule B. to this Act annexed; and in case the Defendant shall not return the same, approved of, within Four Days from the Delivery thereof, the Plaintiff may take out a Summons to settle the same before a Judge, who shall, subject to an Appeal to the Court, settle the same, and shall have Power to adjudicate on the Costs of such Settlement; and such Abstract, so agreed upon or settled, shall be lodged with the Pleadings Assistant of the Court, and an Engrossment of such Abstract, so agreed on or settled, and prepared by the Plaintiff’s Attorney, shall be in place of the Record of Nisi Prius, and the Postea and all other Proceedings at the Trial shall be endorsed thereon, and shall be returnable in the like Manner as heretofore in respect of the Nisi Prius Record.
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