sufficient cause be shown, the Court shall fix a day accordingly,
upon such notice and other terms as seem just.
In case the plaintiff does not appear on the day so fixed, either in person or by counsel, the Court shall, unless it sees good reason to the contrary, dismiss the petition, which dismissal shall have the same effect as a dismissal on the merits at the hearing. Witnesses.
193. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the Court prove adverse, contradict him by other evidence, or by leave of the Court prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion must be mentioned to the witness, and he must be asked whether or not he has made such statement.
124. If a witness, upon cross-examination as to a former statement made by him relative to the subject matter of the cause, and inconsistent with his present testimony, adverse statement of does not distinctly admit that he has made such statement, proof may be given that he did in fact make it; but before such proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
195. A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, relative to the subject matter of the cause, without such writing being shown to him; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him: Provided always, that it shall be competent for the Court, at any time during the trial, to require the production of the writing for its inspection, and the Court may thereupon make such use of it for the purposes of the trial as it shall think fit.
126. A witness in any cause may be questioned as to whether he has been convicted of any felony or misdemeanor, and, upon being so questioned, if he either denies the fact, or refuses to answer, it shall be lawful for the opposite party to prove such conviction; and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the Clerk of the Court, or other officer having the custody of the records of the Court where the offender was convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.
127. It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite; and such instrument may be proved by admission, or otherwise, as if there had been no attesting witness thereto.
128. Comparison of a disputed writing with any writing proved to the satisfaction of the Court to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise of the writing in dispute.
Jury.
129. All suits shall be determined by the Court without a jury, unless on the application of either party the Court shall in its discretion think fit to order that a jury be empanelled to try any issue of fact.
130. Notice of application for a jury, must be filed seven days at least before the day of hearing.
131. Where notice of application for a jury has not been filed in due time, or if at the hearing both parties desire a jury, the Court may, on such terms as seem just, adjourn the hearing, in order that a jury may be summoned.
132. Either party shall be at liberty to apply to the Court or a Judge for a rule or order for the inspection by the jury, or by himself or by his witnesses, of any real or personal property, the inspection of which may be material to the proper determination of the question in dispute; and it shall be lawful for the Court, if it think fit, to make such rule or order upon such terms as to costs and otherwise as such Court may direct.
133. It shall be lawful for the Court to make such rules or orders upon the Sheriff or other person as may be necessary to procure the attendance of a special or common jury for the trial of any cause or matter depending in the Court, at such time and place and in such manner as the Court may think fit.
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