Defendants in eer-
Bail
24
such Defendant or Witness will not attend without compulsion, he may issue a Warrant (Form No. 3) to bring such Defendant or Witness before him, or in the absence of the Defendant, after due service of Summons, may proceed to hear the case ex parte.
IX. If it shall be made apparent, on credible testimony, that any Defendant against tall cases to find whom a complaint has been lodged is about to withdraw himself from the reach of the Consul's Writ, the Consul may require such Person (Form No. 3) to beconic bound with or without Sureties (Form No. 6) for his appearance at such times and places as may be necessary for the due hearing of the cause, or to become bound in like manner for his submission to any Judgment that may be given in regard to the Plaint in question.
Person arrested
X. When any Person has been arrested to answer any Plaint, he shall be brought to be brought im before the Consul at once, or as soon as the Consular Office is open for the transac-
mediately before
tion of business; and if the attendance of the Plaintiff or Witnesses be not then the Consul.
procurable, he shall be Remanded to a day certain (Form No. 7), or Bailed (Form No. 6) for their attendance; his appearance having been duly noted in the Minutes (Form No. 8) of the Cause.
Remand for Re- szination.
Adjournment of Hearing.
Mode of conduct- r the Heading.
estimony ivable,
N
XI. Commitment of a Defendant to Prison for re-examination in a Criminal Cause may be made for not exceeding Three Days without a written Warrant; Commitment in Execution (Form No. 9) or for a period exceeding Three Days (Form No. 7) must be by written Warrant to the Jailor.
XII. The Consul may Adjourn the hearing by verbal order from day to day, as may appear to him necessary.
XIII. When a cause is called on to be heard, the Plaint shall be read to the Defen- dant, who shall then be asked, whether he admits or denies its truth in the whole or in part, and on his denial, the parties shall make such explanation as may be neces- sary to facilitate the subsequent examination, and make clear the issues of the cause, The Plaintiff's Witnesses shall then be examined separately, and cross-examined by the Defendant, and re-examined by the Plaintiff, as to any new or doubtful matter that has been elicited by the cross-examination, but not otherwise, and the Plaintift may make a final reply; but if the whole burthen of proof lie on the Defendant, the Defendant and his Witnesses shall be first examined, and the Defendant may finally reply.
XIV. When there shall exist no facility for swearing a Witness or Defendant to eer speak the truth (Form No. 10), or it is not the custom of his country to give Evi. cases, without dence upon Oath, the testimony of such Person shall be receivable without cath.
The Defendant in a Criminal Cause shall not be sworn.
faits mor be referred
ous for the
XV. The Consul may refer the examination of Accounts to an Accountant to report thereon; and may employ the report as evidence in the cause.
XVI. The Consul for the time being may sign and issue any Writ, and do any act being to con- necessary to the progress or completion of a cause, or to the execution of a Judgment. notwithstanding that the cause was commenced, or heard wholly or in part, before i preceding Consul.
fuses
I be giv cream rit, of the
sts and Amends.
Mod of record- ne Pracodings.
TAROST
13 be
XVII. The Consul shall give Judgment upon the substantial merits and facts of the cause before him-and for good cause, and after due notice to the parties, may amend bis Judgment, or grant a new Trial.
XVIII. The Consul may award Costs to either Party. He may also award to an informer, as such, not exceeding one-half, and to any Person who has suffered injury arising out of the cause under adjudication, any portion of the pecuniary penalty im- posed on an offender.
XIX. At each Consular Office there shall be kept a Book in the Form No. 11 of Schedule annexed to these Rules, to be called the Record Book, in which shall be entered an abstract of all the Proceedings in each cause brought before the Consul --and a Copy of such portion of the Record Book as refers to any particular pro- eceding duly signed and sealed by the Consul shall be with every case transmitted by him to the Chief Superintendent, or Supreme Court, and shall be considered as a part of the Proceedings before the Consul.
XX. The Consul shall take such Minutes (Form No. 8) of the Proceedings in each every Cause as may be necessary for the due adjudication and Record thereof, and shall sign such Minutes with his name; and these Minutes, together with the returned Writs and such other documents connected with the cause as it may be expedient to retain shall be collectively docketed and numbered to correspond with the entry of the cause in the Record Book, so as to form a sufficient record in case of Appeal or Certiorari.
Defendant in a
nav le detained return made
XXI. If a Defendant in a Criminal Cause be adjudged to pay a pecuniary penalty and Cause do not pay it at the time appointed, and fail to point out sufficient Goods whereon to distrain, he may be detained in Custody until a return is made to a Warrant of Wart of Dig. Distress (Form No. 12), and if the return be insufficient he may then be committed to Prison (Form No. 9) for such term as the Consul, within the limits of his anth- rity, may adjudge.
De to be
XXII. No Person shall be twice imprisoned for the same pecuniary claim, but im- prisoned prisonment shall not operate as an extinction of the claim; and Writs of Distress syne Claim. (Form No. 12) may issue successively, until every part of a Judgment has been sa
tisfied.