Reference of Account.
103. Whenever any case or proceeding before the Court shall involve or consist, wholly or partly, of matters of account which cannot be conveniently investigated in the ordinary way, the Judge may refer such matter of account to any competent person, for a report thereon, and may from time to time remit such report to the referee for re-consideration and may determine the case or proceeding before the Court in accordance with such report, or not, as he shall think fit. The Judge may award any sum which he shall deem just and sufficient under the circumstances by way of remuneration to the referee, and such sum shall be paid by such party and at such time as the Court shall order, and the payment thereof may be enforced in the same manner as the payment of costs.
Setting down of Cause for Hearing.
of referee.
104. No cause can be set down for hearing without order of the Court first obtained.
ting down.
105. At the expiration of the time allowed for answering, the plaintiff may apply ex parte for an order to set down the cause for hearing.
106. An order to set down the cause may be made on the application of the defendant by summons, if it appears to the Court, having regard to the state of the pleadings, that the cause is ready to be heard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse, (as the absence or illness of a material witness,) and that the defendant is prejudiced or may reasonably be expected to be prejudiced by such delay.
Dismissal for want of Prosecution.
107. Where the plaintiff does not obtain an order for setting down the cause within one month from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution. On such application, the Court may, if it thinks fit, make an order dismissing the petition, or make such other order, or impose such terms as the Court thinks just and reasonable.
Postponement of Hearing.
108. The Court may at any time on a summons taken out by any party postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensuring the hearing and determination of the questions between the parties on the merits.
Where such an application is made on the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material and that he is likely to return and give evidence within a reasonable time.
Where such an application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time. The party making such application must also apply for an order for the examination of such witness out of the jurisdiction, or for leave to use an affidavit to be made by such witness as evidence at the hearing.
Hearing List and Hearing Paper.
109. There shall be kept a general hearing list for causes and a hearing paper.
110. When a cause is set down for hearing it shall be placed in the general hearing list, and shall be transferred to the hearing paper strictly in its turn and order, according as the general hearing list becomes exhausted.
The regular order shall in no case be departed from without special direction.
111. When a cause is about to be transferred from the general hearing list to the hearing paper, notice shall be served on the parties; and unless the Court in any particular case directs otherwise, ten days shall be allowed between service of such notice and the day of hearing.
out of turn.
112. When any cause or matter has been specially directed by the Court to be heard on a particular day, or out of its ordinary turn, the name of the cause or matter shall be placed in the hearing paper with the words "by order" subjoined.
113. In case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite; and the adjournment day shall, unless otherwise ordered by the Court, be the next ordinary Court day.
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