CO129-109 - Public Offices - 1865 — Page 114

II

Time for de-

mand of or

application for

jury.

Appeal.

Adjournment for jury.

Order of

proceeding.

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dismissal shall have the same effect as a dismissal on the merits at the hearing.

Jury.

81. Notice of demand of a jury, or of application for a jury, must be filed seven days at least before the day of hearing.

82. An appeal does not lie against the refusal of an applica- tion for a jury.

83. Where notice of demand of a jury has not been filed in due time, or if at the hearing both parties desire a jury, the Court may, on such terms as seem just, adjourn the hearing, in order that a jury may be summoned.

Proceeding at the Hearing.

84. The order of proceeding at the hearing of a cause shall be as follows :----

The plaintiff shall state the pleadings.

The party on whom the burden of proof is thrown by the nature of the material issues or questions between the parties has the right to begin: he shall address the Court and open

case.

his

He shall then call his evidence and examine his witnesses in chief.

When the party beginning has concluded his evidence, he shall ask the other party if he intends to call evidence (in which term is included evidence taken by affidavit or deposition, or under commission, and documentary evidence not already read or taken as read); and if answered in the negative, he shall be entitled to sum up the evidence already given, and comment thereon; but if answered in the affirmative, he shall wait for his general reply.

When the party beginning has concluded his case, the other party shall be at liberty to address the Court, and to call evidence, and to sum up and comment thereon.

If no evidence is called or read by the latter party, the party beginning, (saving the right of the Crown,) shall have no right to reply, unless he has been prevented from summing up his case by the statement of the other party of his intention to call evidence.

The case on both sides shall then be considered closed.

If the party opposed to the party beginning calls or reads evidence, the party beginning shall be at liberty to reply generally on the whole case, or he may call fresh evidence in reply to the evidence given on the other side, on points material to the determination of the issues, or any of them, but not on collateral matters.

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Where evidence in reply is tendered, and allowed to be given, the party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall he entitled to the general reply.

85. Each witness, after examination in chief, shall be sub- Cross-examina- ject to cross-examination by the other party, and to re-examina- tion and tion by the party calling him, and after re-examination may be re-examina- questioned by the Court, and shall not be recalled or further tion. questioned save through and by leave of the Court.

86. The Court shall take a note of the substance of the virú Notes of voce evidence in a narrative form, but shall put down the terms of evidence. any particular question or answer, if there appears any special reason for doing so.

No

person shall be entitled as of right, at any time or for any purpose, to inspection or a copy of the Court's notes.

87. All objections to evidence must be taken at the time the Objection to question objected to is put, or, in case of written evidence, when evidence. the same is about to be put in, and must be argued and decided

at the time.

88. Where a question put to a witness is objected to, the Note of Court, unless the objection appears frivolous, shall take a note of objection. the question and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if

put.

89. Where any evidence is by affidavit, or has been taken by Evidence by commission, or on deposition, the party adducing the same may affidavit. read and comment on it, either immediately after his opening, or after the vivá voce evidence on his part has been concluded.

90. The Court

may, in its discretion, if the interests of jus- Admission of tice appear absolutely so to require (for reasons to be recorded affidavit in the minutes of proceedings), admit an affidavit in evidence although no although it is shown that the party against whom the affidavit tion.

cross-examina- is offered in evidence had no opportunity of cross-examining the person making the affidavit, on such terms, if any, as seem just.

91. Documentary evidence must be put in and read, or taken Documentary as read by consent.

Every document put in evidence shall be marked by the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is im- pounded by order of the Court.

evidence.

92. Where the evidence adduced at the hearing varies sub- Variance of stautially from the allegations of the respective parties in the evidence.

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