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Inquiry of Damages before the Master, where the Claim is Matter of Calculation.
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XCVIII. In default of such Defence or Demurrer filed as aforesaid, and in case of Judgment for the Plaintiff on Demurrer; where the Plaintiff’s Claim is not for a Debt or liquidated Demand in Money, but it shall appear to the Court or a Judge that the Amount of Damages sought to be recovered by the Plaintiff, although not liquidated in its Nature, is substantially a Matter of Calculation, it shall not be necessary to issue a Writ of Inquiry, but the Court or a Judge may direct that the Amount for which final Judgment is to be signed shall be ascertained by the Master of the Court on Affidavit or by oral Evidence and the Attendance of Witnesses; and the Production of Documents before such Master may be compelled by Subpœna, in the same Manner as before a Jury upon a Writ of Inquiry; and it shall be lawful for such Master to adjourn the Inquiry from Time to Time as Occasion may require: Provided always, that in case the said Master upon any such Reference shall think it proper to have any Fact controverted on the Reference tried by a Jury, in such Case the said Master may sign a Requisition to that Effect, entitled in the Cause, and direct the same to be delivered to the Sheriff of the County of the City of Dublin Two Days before the Time when such Jury shall be required, and the Jurors shall be summoned and taken from the List of Persons liable to serve as Jurors in the County of the City of Dublin, and the Sheriff shall cause so many of the Jurors as in his Opinion he shall deem sufficient to be summoned, but not less than Six, and such Persons shall attend, and either Party shall be entitled to his lawful Challenge against all or any of the said Jurors, and a Jury consisting of not less than Three shall be returned to try such Fact or Facts as shall seem doubtful to such Master, who shall proceed to make his Report on the Verdict of such Jury as he shall see fit, and such Jury shall be sworn and paid as a Common Jury at Nisi Prius; and the Master shall endorse upon the Rule or Order for referring the Amount of Damages to him the Amount found by him, and shall deliver the Rule or Order, with such Endorsement, to the Plaintiff, and such and the like Proceedings may thereupon be had as to Taxation of Costs, signing Judgment, and staying the signing thereof, and otherwise, as upon the Finding of a Jury upon a Writ of Inquiry.
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