Directory_and_Chronicle_1879 — Page 541

IN CHINA AND JAPAN.

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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 Variance of evidence. substantially from the allegations of the respective parties in the pleading, it shall be in the discretion of the Court to allow the pleading to be amended.

93. The Court may allow such amendment on such terms as Amendments, to 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 Pleadings prejudicing terms 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.

judgment.

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

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

judgment.

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

Special Case.

verdict subject to

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 special cases. 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.

for new trial.

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

Such notice shall not of itself operate as a stay of proceedings; but any money in Court in the suit shall be retired 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, ou such terms as seem just.

on new trial.

102. On an order for rehearing or new trial, either party may de- Jury may be demanded mand 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 Court may order jury.

granting 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 be 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.