66 ORDINANCE No. 15 OF 1844.
Supreme Court .
Schedule of 50. And be it further enacted and ordained , that there shall be annexed to the
documentary
evidence to be
annexed to declaration and pleadings, in every civil cause, a schedule of all documents or papers
pleadings.
which the plaintiff and defendant respectively propose to give in evidence upon the
trial of the said cause, and inspection and copies of all such documents and papers
shall be given, if in the possession, or under the control, of either of the parties
respectively, to the opposite party, or his attorney, upon his request, and at his expense.
Setting aside 51. And be it further enacted and ordained , that where any proceeding in a cause
proceedings for
irregularity . has been irregular or improper, it shall be competent to the party complaining of the
irregularity, before taking any further step therein, to apply to the Court, in term time,
to set aside such proceeding, by a motion for a rule of Court, calling upon the opposite
party to show cause why the same should not be set aside for irregularity ; and the
Court, upon service of such rule, shall make such further order therein as shall seem fit.
Setting down 52. And be it further enacted and ordained, that where after the written plead
cases for
argument. ings in any suit or 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 attornies, 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 .
Setting down 53. And be it further enacted and ordained, that where after the written plead
causes for trial.
ings in any suit or 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, containing the names of the parties, their counsel and attornies, 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 the term next after
that in which issue is joined.
Notice of trial. 54. And be it further enacted and ordained, that notice of trial shall be given by
the party setting 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
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, to grant such further time for
the trial of the said cause, as shall seem reasonable and proper.
Countermanding 55. And be it further enacted and ordained, that the party giving notice of trial
notice of trial.
may, at any 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.