Chancery (Ireland) Act, 1867

Part III.

[Ss. 52–108 rep. 56 & 57 Vict. c. 54. (S.L.R.)]

Deeds and documents referred to in pleadings to be produced on hearings, motions, and other proceedings.

109. Where any deed or document, or any record, or any portion thereof respectively, shall be relied on in any pleading, the said deed or document, or the copy of such record, shall be produced upon every hearing, or motion, or other proceeding in the said suit, unless its non-production can be satisfactorily excused; and in default thereof it shall be lawful for the Court or judge before whom such hearing, motion, or other proceeding shall take place to exclude the party so in default from all benefit or advantage of the said deed, document, or record, and to make such order for the postponement of such hearing, motion, or other proceeding, and the payment of the costs occasioned by such postponement, as shall seem to be just; and in the event of such deed or document, or the copy of such record, being produced, it shall be lawful for the Court or judge to direct the same to be entered upon the decree or order of the Court to be made upon such hearing, motion, or other proceeding, and to make such consequential order in relation to costs as to them or him shall seem fit.

[S. 110 rep. 56 & 57 Vict. c. 54. (S.L.R.)]