Directory_and_Chronicle_1868 — Page 329

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Amendment of petition after answer.

Before or at bearing

Amendment of pleadings.

Application vica roce;

on summons,

In what cases.

Order for setting down.

When plaintiff may apply.

When and how far plaintiff to enter into evidence.

46

RULES OF SUPREME COURT

57. Where the plaintiff considers the contents of the answer to be such as to render an amendment of the petition necessary or desirable, he may obtain ex-parte an order to amend the petition, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but because it is considered to be material for the plaintiff's case.

Notice of the amendment shall be given to the defendant within such time and in such manner as the Court in each case directs.

Settlement of Issues,

58. At any time before or at the hearing the Court may, if it thinks fit, on the application of any party or of its own motion, proceed to ascertain and determine what are the material questions in controversy between the parties, although the same are not distinctly or properly raised by the pleadings, and may reduce such questions into writing and settle them in the form of issues; which issues when settled may state questions of law on admitted facts; or questions of disputed fact, or questions partly of the one kind and partly of the other.

In settling issues the Court may order or allow the striking out or amendment of any pleading or part of a pleading so that the pleadings may finally correspond with the issues settled, and may order or allow the striking out or amendment of any pleading or part of a pleading that appears to be so framed as to prejudice, embarrass, or delay the trial of

the cause.

Where the application to the Court to settle issue is made at any stage of the proceedings at which all parties are actually present before the Court either in person or by counsel or attorney, or at the hearing, the application may be made vira voce, and may be disposed of at once, otherwise the application must be made and disposed of on summons,

Reference of Account.

59. Where it appears to the Court at any time after suit instituted, that the question in dispute relates either wholly or in part to matters of more account, the Court may, according to the amount of public business pending, either decide such question in a summary way, or order that it be referred either wholly or in part to some person agreed on by the parties, or in case of their non-agreement, appointed by the Court.

The referee shall enter into the account and hear evidence and report on it to the Court, according to the order; and the Court after hearing the parties may adopt the conclusions of the report either wholly or in part, or may direct a further report to be made by the reforce, and may grant any necessary adjournment for that purpose.

Setting down of Cause for Hearing.

60. No cause can be set down for hearing without order of the Court first obtained.

61. At the expiration of the time allowed for answering, the plain. tiff may apply ex parte for an order to set down the cause for hearing.

62. Where the defendant has put in an answer, the plaintiff must carefully consider the answer, and, if he finds that upon the answer alone there is sufficient ground for a final decree or order, be must proceed upon the answer without entering into evidence preparatory to or at the hearing.

Or if it is needful to prove a particular point, he must not enter into evidence as to other points that are not necessary to be proved.

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