Directory_and_Chronicle_1870 — Page 339

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Adjournment.

On what days.

Publicity.

Keeping witnesses out of Court.

Order of business at sittings,

Non-appearance of both partica.

Non-appearance of plaintiff.

Non-appearance of defendant.

48

RULES OF SUPREME COURT

name of the cause or matter shall be placed in the hearing paper, with the words “by order” subjoined.

70. In case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite; and the adjournment day shall, unless otherwise ordered by the Court, be the next ordinary Court day.

Sittings of Court.

71. The sittings of the Court for the hearing of causes shall be, where the amount of public business so warrants, held on fixed and stated days.

The Court may, at its discretion, appoint any other day or days from time to time for the hearing of causes, as circumstances require.

72. The sittings of the Court for the hearing of causes shall ordinarily be public; but the Court may, for a reason to be specified by it on the minutes, hear any particular cause or matter in the presence only of the parties and their legal advisers and the officers

of the Court.

73. 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.

74. 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 porte motions and motions by consent shall next be taken, in the order in which the motion papers have be 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.

75. When a cause in the hearing paper has been called on, if neither party appears, either in person or by counsel or attorney, 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.

76. If the plaintiff does not appear in person or by counsel or attorney, 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.

77. If the plaintiff appears, but the defendant or any of the defendants does not appear, in person or by counsel or attorney, 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,

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