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appearance, unless an order has been made for pleadings,
or an application for such an order is penting
(6.) If pleadings have been ordered, when the last pleading has been filed, or when the time allowed to the adverse party for filing any pleading has expired without sach pleading having been filod.
In collision cases the Preliminary Acls may be opened as soon
as the action has been set down for trial.
111. Where the writ of summons has been indorsed with a claim to have an account taken, or the liability has been admitted or determined, and the question is simply as to the amount duo, the judge may, on the application of either party, fix a time within which the 4ccounts and vouchers, and the proofs in support thereof, shall be filed and at the expiration of that time either party may have the matter set down for trial.
TRIAL.
112. After the action has been set down for trial, the registrar shall send notice to the parties of the day on which it will be tried.
113. At the trial of a contested netion the Plaintiff shall in general begin. But if the burden of proof lies on the Defendant, the judgy may direct the Defendant to begin.
114. If there are several Plaintiffs or several Defendants, the judge way direct which Plaintiff or which Defendant shall begin. 115. The party beginning shall first address the court, end theu produce his witnesses, if any. The other party or parties shall then address the Court, and produce their witnesses, if any, in such order as the judge may direct, and shall have a right to sum up their evidence. In all cases the party beginning shall have the right to reply, but shall not produce further evidence, except by permission of the judge
116. Only one counsel shall #1 general be heard on each side; but the judge if he considers that the nature of the case requires it, may allow two counsel to be heard on each side.
#t, give judgment on the evidorpe adduced by the Plaintiff.
Count fo
Count f
117. If the action is uncontestet, the judge may, if he thinks
Cont
conit f
Count f
in its dissectiony /
REVECENCES.
118. The judge may, if he thinks fit refer the assessment of damages and the taking of any account to the register wither alone, or assisted by one or more merchants as assessors,
119. The rules as to evidence, and as to the trial, sball
apply mutatis mutandis to a reference to the registrar, and the registrar may adjourn the proceedings from time to time, and from place to place, if he shall think necessary.
120. Counsel may attend the hearing of any reference, but the
easts so incurred shall not be allowed on daxation unless the registrar shall certify that the attendance of counsel was necessary
Sec. 96. is taken from Civil
Procedure Code.
*
98 GG. See Sexp. 202 203 of the Vice Admiralty Ruler under the heading
Jees which include freyes crets. Huder the proposed Rules the expression "Res no restrictis to fees
there for of Court and these provisions?
Come in here.
are w
the
In the ordinary jurisdiction of Count claims not exceeding $1000. are within the Summary Surisdiction, but the proceedings in my punar too summary for admiralty cares. I have not yet experienced in Admir-
hao which would corni pralty within the proposed rule 98 but if
case should arive I any such think the provisions for half cate and half fees (en
168) would sufficiently cut down expences.
ca ve
Ara
15
12. When a reference has been heard, the registrar shall draw up a report in writing of the result, showing the amount, if any, fmd due, and to whom, together with any further particulars that may be necessary. A form of the Report will be found in the Appendix hereto, No. 422 4
122. When the report is ready, notice shall be sent to the parties, and either party may thereupou take up and file the report.
123. Within to wrecks from the filing of the Registrar's Report, either party may file a notice of motion to vary the Report, specifying the items objected to.
124. At the hearing of the motion the judge inay make such order theroon as te him shall see fit, or bay femit the matter to the registrar for further inquiry or report.
125. If no notice of motion, tvary the report is filed within too weeks from filing the registrar's report, the report shall stand confirmed.
COSTS.
1267-In general-ecsis shall follow the result, but the judgo runy-in-alty: vuse make such order as to the costs as to bits shall seem.fit.
100 127. The judge may direct payment of a lump sum in lieu of
taxed costs.
/0/ 128. If any Plaintiff (other than a seaman suing for his wages or for the loss of his clothes and effects in a collision), or any Defendant making a counterclaim is not resident in the Pen sion, the judge may, on the application of the adverse party, order him to give bail for costs.
120 A-party claiming an excessive amount, either by way of clait, or of aet-off or counter claim, may be condensed in all costs and damages thereby ecensionet.–
ez 130. If a tender is rejected, but is afterwards accepted, or is held by the judge to be sufficient, the party rejecting the tender shall, unless the judge shall otherwise order, he condemned in the costs incurred after tender made.
181: A party, who has not admitted any fact which in the opinion of the judge he ought to have admitted, maybe condemned in all costs occasioned by the non-admission.
132. Any party pleading at unnecessary length or taking any unnecessary proceeding in an action may be condemned in all costs thereby occasioned.
TAXATION OF COSTS.
03. 138. A party desiring to have a bill of costs taxed, shall file the bill, and, as soon as conveniently may be, the registrar shall send to the parties notice of the time at which the taxation will take place.
Couff
9. Subject to the for visions of these Rules the costs of
whole mich aus of such particular;
i
the
•proceeding therein every proceeding before the court shall be an the discretion and the to in have full porder to ouard, and apportion sreta iu
it may dean proper. ayy By Subject to the provisions of these Rules Barristero
and solicitors onto shall be allowed ou trine being. upon the scale that
taxations
fore?)
This
in the Original Jurisdictive in the Cong 98, these the sun in dispute or the value
res does not posside one choireaud dollais hatfe crate only shall be sharph and allowed. En any other action the Count way inite diverstions ordi's that half costs only shall be allowed. 99. tohise Conte
arewarded to a planetiff.
The expression "sume in dispute " shall mean The sunw recovered by him in addition to the sun, if ou
counterolanned from him by the Driflandant; and where costs are
warded to a defendant, it shall mean The sum claimed from him in additiona
him. to the eum, if any,
by
Matvered
J.C.
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