80
business of the Court permits, or otherwise on some adjournment day, of which you will receive no further notice,
You are desired to pay attention to the following directions :- If the Plaintiff fails to attend in person or by counsel or attorney on the day appointed, the case if called on may be struck out, and the Plaintiff will be liable to pay to the Defendant such costs as may be fixed by the Court. Also, the case must be get down in the General Hearing List afresh, by which the Plaintiff will incur delay and expense.
If the Defendant fails to attend in person or by counsel or attorney on the day appointed, the case if called on may, if the Court so directs, be heard and determined in his absence on the evidence adduced on behalf of the Plaintiff, and the Court will issue execution on the judgment so obtained.
If either party has any application to make to the Court to post- pone the hearing, it should be made as soon as possible, on appli- cation for a summons for that purpose, and if the application is based on any matter of fact, as the absence of a mutorial witness, or the like, the facts relied on must be set out and verified in one or more affidavit or affidavits filed in the Court before such application.
If either party considers that the questions between the parties are not fairly raised or put in issue by the pleadings, or thinks that the questions raised are obscure, and that he is prejudiced thereby, he may apply to the Court on summons to settle issues, and such application should be made at once.
The partics are warned that at the hearing they are required to adduce all the testimony, written and oral, which each of them desires to rely on, in support of his own case and in contradiction of that of his opponent. The proof will be required at the hearing and not on a subsequent day, and parties failing to bring their testimony forward at the proper time may find themselves absolutely pre- eluded from adducing it at all, or at best only allowed to do so on payment of substantial costs to the other side, and on such other terms as the Court thinks fit to impose.
Parties desirous to enforce the attendance of witnesses should apply at once to the Court to issue to or to procure from the na- tional authority of the witness required a summons for his attend-
ance.
It is indispensable that the application should be made so as to allow time for a reasonable notice to the witness required.
If the witness is required to bring books or papers, they must
be particularized in the summons sufficiently to enable him clearly to understand what is meant.
Any party summoning a witness through the Court, thereby becomes liable to pay such witness a reasonable sum of money to be summarily fixed by the Court for his expenses and loss of time.
The Court will not enforce the attendance of a witness unless such sum has been deposited in the Court.
If either party desires to use in evidence at the hearing any book, paper, or document in the possession or power of the other party he must give the other party reasonable notice in writing to produce it
81
at the hearing, failing which he will not be allowed to give any secondary evidence of its contents.
No person is excluded from giving evidence by reason of interest or relationship. The parties themselves, their wives, relations, partners, and servants respectively are competent witnesses.
(Seal.)
8.
Motion Paper.
In Her Britannic Majesty's Court at [Canton]
Between 4.B.
and C.D.
The Plaintiff [or as the case may be] moves
that [here state the terms of the motion].
9.
Plaintiff.
Defendant.
Affidavit of attesting Witness in proof of the due Execution of a Will or Codicil dated after 31st December 1837.
In Her Britannic Majesty's Court at [Canton].
In the matter of „A.B. deceased. I, C.D. of
make oath and say that I am one of the subscribing witnesses to the last Will [or Codicil, us the case may be,] of A.B., late of
deceased, the said Will [or Codicil] being now hereto annexed, bearing date and that the testator executed the said Will [or Codicil] on the day of the date thereof, by signing his name at the If the signa
ture is in the tes- foot or end thereof or in the testimonium clause thereof, or in the timonium clause attestation clause thereto, as the case may be], as the same now clause, insort, or attestation appears thereon, (1) in the presence of me and of
*intending tho the other subscribed witness thereto, both of us being present af signature to his
same for his final
the same time, and we thereupon sitested and subscribed the said will.” Will [or Codicil] in the presence of the testator.
Sworn at
tiris
>
day of
18
3
before me,
XX
C.D.
11351.
F
139
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