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81. Where the writ of summons has been indorsed with a claim to have an account taken, or the liability has been admitted or determined, and the question is simply as to the amount duo, the Court may, on the application of either party, fix a time within which the accounts and vouchers, and the proofs in support thereof, shall be filed, and at the expiration of that time either party may have the matter set down for trial.
TRIAL.
82. After the action has been set down for trial, the registrar shall send notice to the parties of the day on which it will be tried.
83. At the trial of a contested action the plaintiff shall in general begin. But if the burden of proof lies on the defendaut, the Court may direct the defendant to begin.
84. If there are several plaintiffs or several defendants, the judge may direct which plaintiff or which defendant shall begin.
85. The party beginning shall first address the Court, and then produce his witnesses, if any. The other party or parties shall then address the Court, and produce their witnesses, if any, in such order as the judge may direct, and shall have a right to sum up their evidence. In all cases the party beginning shall have the right to reply, but shall not produce further evidence, except by permission of the Court.
86. Only one counsel shall in general be heard on each side; but the Court, if it considers that the nature of the case requires it, may allow two counsel to be heard on each side.
87. If the action is uncontested, the Court may give judgment on the evidence adduced by the plaintiff.
REFERENCES.
98. The Court may, in its discretion, refer the assessinent of damages and the taking of any account to the registrar either alone, or assisted by one OF more merchants as
assessors,
89. The rules as to the trial shall apply mutatis mutandis to a reference to the registrar, and the registrar may adjourn the proceedings from time to time, and from place to place, if he shall think necessary.
90. Counsel may attend the hearing of any reference, but the costs so incurved shall not be allowed on taxation unless the registrar shall certify that the attendance of counsel was necessary.
91. When a reference has been beard, the registrar shali draw up a report in writing of the result, showing the amount, if any, found due, and to whom, together with any further particulars that may be necessary. A form of the Report will be found in the Appendix hereto, No. 26.
92. When the report is ready, notice shall be sent to the parties, and either party may thereupon take up and file the report.
93. Within two weeks from the filing of the Registrar's report, oither party may file a notice of motion to vary the report, specifying the items objected to.
94. At the hearing of the motion the Court may mako such order thereon as shall seem fit, or may remit the walter to the registrar for further inquiry or report.
95. If no notice of motion to vary the report is filed within two weeks from filing the Registrar's report, the report shall stand confirmed.
96. Subject to the provisions of these rules the costs of the whole suit and of such particular proceeding therein and of every proceeding before the Court shall be in the discretion of the Court; and the Court shall have full power to award and apportion costs in any manner it may deem proper.
97. Subject to the provisions of these rules barristers' and solicitors' costs shall be allowed ou taxation upon the scale that is for the time being in force in the Original Jurisdiction of the Court.
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