Directory_and_Chronicle_1868 — Page 334

Page 334 Page 334

IN CHINA AND JAPAN.

51

Every document put in evidence shall be marked by the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the Court.

92. Where the evidence adduced at the hearing varies substantially Variance of syidence, from the allegations of the respective parties in the pleading, it shall be in the discretion of the Court to allow the pleadings to be amended.

93. The Court may allow such amendment on such terms as to Amendments. adjournment, costs, and other things as seem just so as to avoid surprise and injury to any party; but all amendments necessary for the determination in the existing suit of the real question in controversy between the parties shall be made if duly applied for.

fair trial.

94. The Court may at the hearing order or allow, on such terms Pleadings prejudicing as seem just, the striking out or amendment of any pleading that appears so framed as to prejudice, embarrass, or delay the fair trial of the real questions in controversy between the parties.

Judgment.

95. Decisions and judgments shall be delivered or read in open Publicity. court in presence of the parties and their legal advisers,

96. If the judgment of the Court is reserved at the hearing, partics Summons to hear to the suit shall be summoned to hear judgment, unless the Court at judgment. the hearing states the day on which judgment will be delivered, in which case no summous to hear judgment shall be issued.

97. All parties shall be deemed to have notice of any decision or Notice to parties of

judgment. judgment, if the same is pronounced at the hearing of the application

or suit.

All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounced.

98. A minute of every judgment, whether final or interlocutory, Minate of judgment, shall be made, on which the deeree or order may be drawn up on the application of any of the parties.

Special Case.

99. Any decision or judgment may be given, or verdict taken, Decision, judgment, or subject to a special case to be stated for the opinion of the Supreme verdict subject to Court.

Rehearing. New Trial.

100. The Court may, in any case, on such terms as seem just, General power of Court order a rehearing or new trial, with a stop of proceedings.

as to rehearing or new trial.

101. An application for a new trial may be made and determined Time for application on the day of hearing, if all parties are present, or on notice of motion, for new trisl filed not later than 14 days after the hearing.

Such notice shall not of itself operate as a stay of proceedings:

but any money in Court in the suit shall be retained to abide the result

of the motion or the further order of the Court.

After the expiration of such 14 days an application for a new trial shall not be admitted, except by special leave of the Court, on such terms as seem just.

ou new trial.

102. On an order for rehearing or new trial, either party may Jury mar be demanded demand a jury for the second trial, though the first was not with a jury.

103. The Court may, if it thinks fit, make it a condition of granting Court may order jury.

a rehearing or new trial that the trial shall be with a jury.

104. Where the Supreme Court, or appeal from a Court where On appeal jury may he trial with a jury can be had, thinks fit to direct a rehearing in the ordered for second trial. Court below, it may direct that the second trial shall be with a jury.

Page 334 Page 334

Page 334 Page 334

Digitized by

Google