EL
Order for setting down.
When plaintiff may apply.
When and how for
plaintiff to enter into
evidence.
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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 hearing without order of the Court first obtained.
61. At the expiration of the time allowed for answering, the plaintiff may apply ex parte for an order to set down the cause for hearing.
62. Where the defendant has put in an answer, the plaintiff must carefully consider the answer, and, if he finds that upon the answer 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.
In the first case, if he enters into evidence at all, and in the second case, if he enters into evidence as to such other points, he renders himself liable to pay the costs thereof.
Order for
63. An order to set down the cause may be made on the setting down on application application of the defendant by summons, if it appears to the of defendant. Court, having regard to the state of the pleadings, that the cause is ready to be heard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse, (as the absence or illness of a material witness,) and that the defendant is prejudiced or may reasonably be expected to be prejudiced by such delay.
In what cases.
Dismissal for want of Prosecution.
64. Where the plaintiff does not obtain an order for setting down the cause within three months from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.
On such application, the Court may, if it thinks fit, make an order dismissing the petition, or make such other order or impose such terms as the Court thinks just and reasonable.
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Postponement of Hearing.
65. The Court may at any time on a summons taken out by In what cases.
any party postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensuring the hearing and determination of the questions between the parties on the merits.
Where such an application is made on the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material and that he is likely to return and give evidence within a reasonable time.
Where such an application is made for the purpose of ena- bling the party applying to obtain the evidence of a witness resident out of the particular jurisdiction, the Court shall re- quire to be satisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is
per- manently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time. The party making such application must also apply for an order for the examination of such witness out of the jurisdiction, or for leave to use an affidavit to be made by such witness as evidence at the hearing.
Hearing List and Hearing Paper,
66. There shall be kept a General Hearing List for causes To be kept. and a Hearing Paper.
67. When a cause is set down for hearing it shall be placed Order of
in the general hearing list, and shall be transferred to the hear- causes.
ing paper strictly in its turn and order, according as the general hearing list becomes exhausted.
The regular order shall in no case be departed from without special direction.
68. When a cause is about to be transferred from the general Notice to hearing list to the hearing paper, notice shall be served on the parties. parties (Form 7.); and unless the Court in any particular case directs otherwise, ten days shall be allowed between service of such notice and the day of hearing.
69. When any cause or matter has been specially directed Causes taken
by the Court to be heard on a particular day, or out of its out of turn. ordinary turu, the name of the cause or matter shall be placed in the hearing paper with the words "by order" subjoined.
70. In case of any adjournment of the hearing from the day Adjournment appointed in the hearing paper by reason of the preceding causes
in the hearing paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the adjournment day shall be
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