344
On the application of either party at the commencement of the proceedings, or of its own Motion, the court may Order Witnesses on both sides to be kept out of court until they have respectively given their evidence: but this rule does not extend to the parties themselves, or to their respective legal advisers, although intended to be called as Witnesses.
Subject to special arrangements for any particular day, the business of the day shall be taken as nearly as circumstances permit in the following Order:
(i.) At the commencement of the sitting Judgments shall be delivered in matters standing over for that purpose and appearing for Judgment in the paper:
(ii) Ex parte Motions and Motions by consent shall next be taken, in the Order in which the Motion-papers have been sent in:
(iii) Opposed Motions on Notice, and Arguments on showing cause against Orders returnable on that day, shall then be taken, in the Order in which these matters respectively stand in the hearing paper:
(iv.) The causes in the hearing paper shall then be called on, in their Order, unless the court sees fit to vary the Order.
Hearing.
When a cause in the hearing paper has been called on, if neither party appears either in person or by counsel, the court on being satisfied that the Plaintiff has received notice of the hearing, shall, unless it sees good reason to the contrary, strike the cause out of the hearing paper.
If the plaintiff does not appear in Person or by counsel the court, on being satisfied that the Plaintiff has received notice of the hearing shall, unless it sees good reason to the contrary, strike out the cause, and make such Order as to costs in favour of any Defendant appearing as seems just.
If the Plaintiff appears, but the Defendant or any of the Defendants does not appear, in Person or by counsel, the Court shall, before hearing the cause, inquire into the service of the Petition and of notice of hearing on the absent party or parties.
If not satisfied as to the service on every party, the court shall direct that further service be made as it directs, and adjourn the hearing of the cause for that purpose.
If satisfied that the Defendant or the several Defendants has or have been duly served with the Petition and with notice of the hearing, the court may proceed to hear the cause notwithstanding the absence of the Defendant or any of the Defendants, and may on the evidence adduced by the Plaintiff, give such Judgment as appears just. The court however, shall not be absolutely bound to do so, but may Order the hearing to stand over to a further day, and direct fresh notice to be given to the Defendant or Defendants, in case Justice seems to require an Adjournment.
Where the Court hears a cause and gives judgment in the absence of and against any Defendant, it may afterwards if it thinks fit, on such terms as seem just, set aside the decree and re-hear the cause, on its being established by evidence on oath to the satisfaction of the court that the Defendant's absence was not wilful, and that he has a defence upon the merits.
Where a cause is struck out by reason of the absence of the plaintiff, it shall not be restored without leave of the court, until it has been set down again at the bottom of the General Hearing List, and been transferred in its regular turn to the Hearing Paper.
Where a cause has been once struck out, and has been a second time set down, and has come into the Hearing Paper, and on the day fixed for the Hearing, the Plaintiff having received due notice thereof, fails to appear either in person or by counsel when the cause is called on, the court, on the Application of the Defendant, and if the non-appearance of the Plaintiff appears to be wilful and intended to harass the Defendant, or to be likely to prejudice the Defendant by preventing the hearing and determination of the suit, may make an order on the plaintiff to show cause why a day should not be fixed for the peremptory Hearing of the cause; and on the return to that order, if no cause or no sufficient cause be shown, the court shall fix a day accordingly, upon such notice and other terms as seem just.
In case the Plaintiff does not appear on the day so fixed, either in Person or by counsel the court shall unless it sees good reason to the contrary, dismiss the petition, which dismissal shall have the same effect as a dismissal on the merits at the Hearing.
Jury.
All Suits shall be determined by the court without a Jury, unless on the application of either party the court shall in its Discretion think fit to order that a Jury be empanelled to try any Issue of Fact.
Notice of application for a Jury, must be filed seven days at least before the day of hearing.
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.
Where an application for a Special Jury shall have been granted, the practice now in force in the Supreme court as to the costs thereof shall be followed.
Proceeding at the Hearing.
The Order of proceeding at the hearing of a cause shall be as follows:--
1. The Plaintiff shall state the Pleadings.
2. 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 his case.
He shall then call his evidence and examine his witnesses in chief.
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344
On the application of either party at the commence- ment of the proceedings, or of its own Motion, the court may Order Witnesses on both sides to be kept out of court until they have respectively given their evidence: but this rule does not extend to the parties themselves, or to their respective legal advis ers, although intended to be called as Witnesses.
Subject to special arrangements for any particnlar day, the business of the day shall be taken as nearly as circumstances permit in the following Order:
(i.) At the commencement of the sitting Judgments shall be delivered in matters standing over for that purpose and appearing for Judgment in the paper:
(i) Ex parte Motion and Motions by consent shall next he taken, in the Order in which the Motion-papers have been sent in: (iii) Opposed Motions on Notice, and Arguments on showing cause against Orders returnable on that day, shall then be taken, in the Order in which these matters respectively stand in the hearing paper:
(iv.) The causes in the hearing paper shall then be called on, in their Order, unless the court secs fit to vary the Order.
Hearing.
When a cause in the hearing paper has been callent on, if neither party appears either in persoft or by counsel, the eourt on being satisfied that the Plaintiff has received notice of the houring, shall, unless it sees good reason to the contrary, strike the cause out of the hearing paper.
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If the plaintiff does not appear in Person or by counsel the court, on being satisfied that the Plaintiff has re- ceived notice of the hearing shall, unless it sees good reason to the contrary, strike out the cause, and make such Order as to costs in favour of any Defendant appearing as seems just.
If the Plaintiff appears, but the Defendant or any of the Defendants does not appear, in Person or by counsel, the Court shall, before hearing the cause, inquire into the service of the Petition and of notice of hearing on the absent party or parties.
If not satisfied as to the service on every party, the court shall direct that further service be made as it directs, and adjourn the bearing of the cause for that purpose.
If satisfied that the Defendant or the several Defend- annts has or have been duly served with the Petition and with notics of the hearing, the court may proceed to hear the cause notwithstanding the absence of the Defendant or any of the De- fendants, and may on the evidence adduced by the Plaintiff, give such Judgment as appears just. The court however, shall not be absolutely bound to do so, but may Order the hearing to stand over to a further day, and direct fresh notice to be given to the Defendant or Defendants, in case Justice seems to require an Adjournement.
Where the Court hears a cause and gives judgment
in the absence of and against any Defendant, it may afterwards if it thinks fit, on such terms as seem just, set aside the decree and re-hear the cause, on its being established by evidence on oath to the satisfaction of the court that the Defendant's absence was not wilful, and that he has a defence upon the merits.
Where a cause is struck out by reason of the absenco of the plaintiff, it shall not be restored withont leave of the court, until it has been set down against at the bottom of the General Hearing List, and been tranferred in its regular turn to the Hearing Paper.
Where a cause has been once struck out, and has been a second time set down, and has come into the Hearing Pauper, and on the day fixed for the Hearing, the Plaintiff having received due notice thereof, fails to appear either in person or
by consel when the cause is called on, the court, on the Application of the Defendant, and if the non-appearance of the Plaintiff appears to be wilful and intended to harass the Defendant, or to be likely to prejudice the Defendant by preventing the hearing and determi- nation of the suit, may make an order on the plaintiff to show cause why a day should not be fixed for the peremptory Hearing of the cause; and on the return to that order, if no cause or no sufficient cause be shown, the court shall fix a day accordingly, upon such notice and other terms ns seem just.
In case the Plaintiff does not appear on the day so 6ixed, either in Person or by counsel the court shall unless it sees good reason to the contrary, dismiss the petition, which dismissal shall have the same effect as a dismissal on the merits at the Hearing.
Jury.
All Suits shall be determined by the court without a Jury, unless on the application of either party the court shall in its Discretion think fit to order that a Jury be empanelled to try any Issue of Fact.
Notice of application for a Jury, must be filed seven days at least before the day of hearing,
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 hoaring, in Order that a Jury may be summoned.
Where an application for a Special Jury shall have been granted, the practice now in force in the Supreme court as to the costs thereof shall be followed.
Proceeding at the Hearing.
The Order of proceeding at the hearing of a cause
shall be as follows:--
1. The Plaintiff shall state the Pleadings.
2. 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 his
case.
He shall then call his evidence and examine his wit- nesses in chicf
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