CO129-109 - Public Offices - 1865 — Page 130

Si

Notice to

admit

Costs.

In whose

name, and

how, proceed- ings to be taken.

Filing of

power of attorney.

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time his evidence might be taken, or for any reason considered sufficient by the Court cannot appear to give evidence in the suit or matter, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judicial proceeding: provided that the subject matter of such former judicial proceed- ing was substantially the same as that of the existing suit, and that the parties to the existing suit were parties to it or bound by it, and in it had cross-examined or had an opportunity of cross-examining the witness of whose evidence proof is so to be given.

Oath.

247. On any occasion the Court may, if it thinks it just and expedient for reasons to be recorded in the minutes of pro- ceedings, take without oath the evidence of any person objecting on grounds of conscience to take an oath,-the fact of the evi- dence having been so taken without oath being also recorded in the minutes of proceedings.

Admission of Documents.

248. Where all parties to a suit are competent to make ad- missions, any party may call on any other party by notice filed in the Court, and served under order of the Court, to admit any document, saving just exceptions.

In case of refusal or neglect to admit, the costs of proof of the document shall be paid by the party refusing or neglecting, what- ever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.

No costs of proof of any document shall be allowed unless such notice has been given, except in cases where the omission to give the notice has in the opinion of the Court produced a saving of expense.

XII-MISCELLANEOUS PROVISIONS.

Attorneys and Agents.

249. Every person doing any act or taking any proceeding in the Court as plaintiff, or otherwise, must do so in his own name and not otherwise, and either by himself or by his attorney, procurator, or agent thereunto lawfully authorized in writing.

250. Where such act is done or proceeding taken by an attorney, procurator, or agent, the power of attorney, or instru- ment constituting the procurator or agent, or an authenticated copy thereof, must be filed in the Court before or at the com- mencement of the proceedings.

Where the authority is special and has reference only to the particular proceeding to be taken, the original document itself must be filed.

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Where the authority is general or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.

The authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the person professing to act thereon has such authority as he claims to exercise.

251. Any person doing any act or taking any proceeding Person pro-

in the Court in the name or on behalf of another person, not ceeding with- being lawfully authorized thereunto, and knowing himself not out authority. to be so authorized, is guilty of a contempt of Court.

Proceedings by or against Partnerships.

252. Proceedings by or on behalf of or against a partnership In what names. solely or jointly must be taken in the several names of the partners as individuals, and not in the name of the firm or otherwise.

Plaintiff out of Jurisdiction.

253. Where a plaintiff, whether suing alone or suing jointly, is Place for out of the jurisdiction of the particular Court, or is only tem- service. porarily resident within it, he must file in the Court, at or before the commencement of proceedings, a written statement of a fit place within the jurisdiction where notice or process may be

served on him.

He must also give security for costs and fees by deposit, or by Security for bond in the penal sum of 500 dollars.

The Court may at any time during the suit or proceeding either on its own motion or on the application of

any defendant order him to give further or better security for costs and fees, and may direct proceedings to be stayed in the meanwhile.

Service.

costs.

254. Service of a petition, notice, summons, decree, order, How to be or other document of which service is required by these Rules, made.

or according to the course of the Court, shall be made by an officer of the Court, unless in any case the Court thinks fit other- wise to direct; and service shall not be valid unless it is made. under an order of the Court (in writing under the seal of the Court), which may be either indorsed on or subscribed or annexed to the document to be served.

255. Unless in any case the Court thinks it just and expe- Personal dient otherwise to direct, service shall be personal, that is, service. the document to be served shall, together with the order for service (indorsed, subscribed, or annexed), be delivered into the hands of the person to be served.

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