10° VICTORIE.- 1847. 11
XXIV. That where, after the Written Pleadings in any Suit or Setting down Cases
for Argument.
Action are closed, and the Facts therein stated being admitted, the
Law arising therefrom only is disputed , either Party may set down
the Case for Hearing in the Paper of Cases for Argument, upon
giving Seven Days' Notice thereof to his Opponent previous to the
Day for Argument ; and for that Purpose shall give a Note thereof
to the Registrar of the Court, containing the Names of the Parties,
their Counsel, and Attorneys, Four Days at least before the Day
appointed for Argument, and shall at the same Time deposit with
the said Registrar, for the Use of the Court, a Written Statement of
the Matters and Points of Law intended to be argued.
XXV. That where, after the Written Pleadings in any Suit or forSetting
Trial. down Causes
Action are closed , the Facts therein stated, whether dependent upon
Documentary Evidence or otherwise, as well as the Law applicable
thereto, or the Facts alone, are disputed, the Plaintiff may forthwith
set down the Cause in the Paper of Causes for Trial ; and for that
purpose shall give a Note thereof to the Registrar of the Court, con-
taining the Names of the Parties, their Counsel, and Attorneys, Four
Days at least before the Day appointed for Trial : and in like manner
the Defendant may set down the Cause for Trial, if the Plaintiff shall
neglect to do so within theTerm next after that in which Issue is joined.
XXVI . That Notice of Trial shall be given by the Party setting Notice of Trial.
down the Cause, to his Opponent, Seven Days previous to the Day
of Trial ; but where it shall be made to appear to the Court, or to
the Chief Justice or other Judge thereof at Chambers, upon the
Application of either Party, that the Witnesses in the said Cause,
or any of them, reside out of, or are Absent from the said Colony,
then it shall be lawful for the said Court, or for the said Chief
Justice or other Judge, to grant such further Time for the Trial of
the said Cause as shall seem reasonable and proper.
XXVII. That the Party giving Notice of Trial may, at any Countermanding No-
tice of Trial.
Time before the Day of Trial, countermand the said Notice, upon
Payment of the Costs, if any incurred by his giving such Notice and
Countermand ; such Costs to be taxed by the Registrar.
XXVIII. That either Party desiring the Attendance of any Witnesses -Subpœ-
Person to give Evidence on the Trial of a Cause, may take out, from na.
the Office of the Registrar of the Court, one or more Writs of
Subpoena for that purpose, each of which said Writs of Subpœna
may contain the Names of Four Persons ; and Service thereof upon
any Person therein named shall be made by delivering to him a
Copy of the said Writ of Subpoena, and at the same Time shewing
him the Original, and informing him of the Exigency thereof ; and
any Person being so served with a Copy of the said Writ of Subpoena
a reasonable Time before the Day of Trial, and his reasonable Ex-
penses having been paid or tendered to him, and not having any
lawful Impediment, shall, on his Default, be liable to be attached,
fined, and imprisoned, for his Contempt of the Process of the Court,
without Prejudice to any other Claim or Remedy the Party aggriev-
ed by his Default may by Law have against him on that Account ;
and the said Writ of Subpoena shall, as near as may be, be in the
Form in the Schedule hereunto annexed, marked No. 3.
XXIX.