Directory_and_Chronicle_1877 — Page 482

IN CHINA AND JAPAN.

49

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 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.

78. Where the Court hears a cause and gives judgment in the Rehearing for defendant, absence of and against any defendant, it may afterwards, if it thinks fit, on such terms as seem just, set aside the decree and rebear 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.

79. Where a cause is struck out by reason of the absence of the Restoration of cause to plaintiff, it shall not be restored without leave of the Court, until it list for plaintiff. has been set down again at the bottem of the general hearing list, and been transferred in its regular turn to the hearing paper.

80. Where a cause has been once struck out, and has been a Non-appearance of second time set down, and has come into the hearing paper, and on

plaintiff's second time, the day fixed for the hearing the plaintiff, having received due notice thereof, fails to appear either in person or by counsel or attorney 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 or attorney, 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.

81. Notice of demand of a jury, or of application for a jury Time for demand of or must be filed seven days at least before the day of hearing.

application for jury,

82. An appeal does not lie against the refusal of an application Appeal.

for a jury.

83. Where notice of demand of a jury has not been filed in due Adjournment for jury. 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.

Proceeding to the Hearing.

84. The order of proceeding at the bearing of a cause shall be Order of proceeding. as follows:

The plaintiff shall state the pleadings.

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.