IN CHINA AND JAPAN.
53
after answer.
57. Where the plaintiff considers the contents of the answer to Amendment of petition be such as to render an amendment of the petition necessary or desirable, he may obtain ex parte an order to amend the petition, on satisfying the Court that the amendment is not intended for the purpose of d lay or vexation, but because it is considered to be material for the plaintiff's case.
Notice of the am nlment shall be given to the defen lant within such time and in such manner as the Court in each case directs.
Settlement of Issues.
58. At any time before or at the hearing the Court may, if it Before or at hearing. thinks fit, on the application of any party or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, although the same are not distinctly or properly raised by the pledugs, and may reduce such questions in writing and settle them in the form of issues; which issues when s ttled may state questions of law on admitted facts, or questions of disputed fact, or qu stions partly of the one kind aud partly of the order.
In settling issues the Court may or ler or allow the striking out Amendment of pleadings, or amendment of an: pluuling or part of a pleading so that the pleadings may finally correspond with the issues settled, and may order or allow the striking out or amendment of any pleading or part of a pleading that appears to be so framed as to prejudice, embarrass, or delay the trial of the cause.
Where the application to the Curt to settle issue is male at Application vivd voce, any stage of the proceedings, at which all parties are actually present before the Court, either in person or by counsel or attorney, or at the hearing, the application may be made viva voce, and may be disposed of at one, otherwise the application must be made and disposed of on summons.
Reference of Account.
On summons.
59. Where it appears to the Court at any time after suit In what cases. instituted, t at the question in dispute relates either wholly or in part to matters of mere account, the Court may, according to the amount of public business pending, either decide such question in a summary way, or order that it be referred either wholly or in part to some person agreed on by the parties, or in case of their non-agreement, appointed by the Court.
The referee shall enter into the account and hear evidence, and report on it to the Court, according to the order; and the Court after hearing the parties may adopt the conclusions of the report, either wholly or in part, or may direct a further report to be made by the referee, and may grant any necessary adjournment for that purpose.
Setting down of Cause for Hearing.
60. No cause can be set down for hang without order of the Order for setting down, Court first obtained.
61. At the expiration of the time allowed for answering, the When plaintiff may plaintiff may apply ex parte for an order to set down the cause for "pply.
hearing.
evidence.
62. Where the defendant has put in an answ r, the plaintiff When and how far must carefully consider the answer, and if he finds that upon the Pintiff to enter into auswer alone there is sufficient ground for a final decree or order, he must proceed upon the answer without entering into evidence preparatory to or at the hearing.
Or, if it is needful to prove a particular point, he must not enter into evidence as to other points that are not necessary to be proved.