Directory_and_Chronicle_1882 — Page 627

Rehearing for defendant,

Restoration of cause to bist for plaintiff.

Kon-appearance of plaintifl' a second time.

Time for demand of or spplication for jury.

Appial.

Adjournment for jury.

Order of proceeding,

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RULES OF SUPREME COURT

If not satisfied as to the service on every party, the Court shall direct that further s rvice be made as it directs, and adjourn the hearing of the cause for that purpose.

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If satisfied that the defendant or the several defendauts 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, the evidence adduced by the plaintiff, give such judgment as appears just. The Court, however, shall not be abs lutely bound to do so, but may order the hearing to stand over to a further day, an·l direct fresh notice to be given to the defendant or defendants, in case justice seems to require an adjournment.

78. Where te Court hears a caus and gives judgment in the absence of and against any defen lant, it may afterwards, if it thinks fit, on such terms as seem jus, set aside the decree and rehear the cause, on its being established by evidence on oath to the satis act # of the Court that the defendant's absence was not wilful, an I that be has a defence upon the merits.

79. Where a canse is struck out by reason of the absence of the plaintiff, it shall not be restored without leave of the Court, until it has been set do an again at the bottom of the g neral hearing list, and been transferre in its regular turn to the hearing paper.

80. Where a cause has be n once struck out, and has be `n a second ti ne set down, and has come into the hearing paper, and on the day fixed for the hearing the plaintiff, having received due uotice thereof, fails to appear either in person or by counsel or attorney when the canse is called on, the Court, on the application of the defendant, aud if the non-appearance of the plaintiff appears to be wilful and intended to barass the defendant, or to be likely to prejudice the defendant by preventing the hearing and determination of the suit may make a 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 or ler, if no cause or no sufficient cause be shown, the Court shall fix a day accordingly, upon such notice and other terms as sẽ m just.

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In case the plaintiff does not appear on the day so fixed, either in person or by couns 1 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 dismis al on the m rits at the hearing.

Jury.

81. Notice of demand of a jury, or of application for a jury mu-t be filed seven days at least before the da of "earing.

82. An appeal does not lie against the reasal of an application for a jury.

83. Where notice o, de ard of a jury has no be a "el in due time, or if at the hearin: bohrties desire a jury, the Court may, on such terms as seem just, adjourn the hearing, or or that a jury may be summoned.

Proceeding to the Hearing.

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

Te plaintiff shall state the plea 'ings.

Tue par y on whom the burden of proof is thro vu 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.

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H shall be call his evidence an examine his witnesses in chief,

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