Directory_and_Chronicle_1885 — Page 759

In what cases,

In what cases.

To be kept.

Order of caD! 28,

Notice to partim

Canses taken out of ture

Adjournment

Do what daya.

59

RULES OF SUPREME COURT

has been delay on the part of the plaintiff in obtaining an order for set- ting down the cause, for which the plaintiff has no reasonable excuse (a8 the absence or illness of a material witness), and that the defendant is prejudiced or may reasonably be expected to be prejudiced by such delay. Dismissal for want of Prosecution.

64. Where the plaintiff does not obtain an order for setting down the cause within three months from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.

On such application, the Court may, if it thinks fit, make an order dismissing the petition, or make such other order, or impose such terms as the Court thinks just and reasonable.

Postponement of Hearing,

65. The Court may at any time on a summons taken out by any party postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensuring the hearing and determination of the questions between the parties on the merits.

Where such an application is made on the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material, and that he is likely to return and give evidence within a reason- able time.

Where such an application is made for the purpose of enabling the party applying to obtain the evidence of a witneas resident out of the particular jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is per anently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time. The party making such application must also apply for an order for the exa- mination of such witness out of the jurisdiction, or for leave to use an affidavit to be made by such witness as evidence at the hearing,

Hearing List and Hearing Paper.

66. There shall be kept a General Hearing List for causes and a Hearing Paper.

67. When a cause is set down for hearing it shall be placed in the general hearing list, and shall be transferred to the hearing paper strictly in its turn and order, according as the general hearing list becomes exhausted.

The regular order shall in no case be departed from without special direction.

68. When a cause is about to be transferred from the general hearing list to the hearing paper, notice shall be served on the parties; and unless the Court in any particular se directs otherwise, ten days shall be allowed between service of such notice and the day of hearing.

69. When any cause or matter has been spécially directed by the Court to be heard on a particular day, or out of its ordinary turn, the name of the cause or matter shall by placed in the hearing paper, with the wa-la "by order" subjoined.

70. In ease of any adjournment of the bearin on the day appointed in the hearing paper by reason of the prec din, ramses in the hearing paper not having been got thron.ch, 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, uuless otherwise ordered by the Court, be the next onlinary Court day,

Sittings of Court.

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71. The sittings of the Court for the heurin toi van ons shall be, where the amount of parblic business - an amorte de 116, fx dorul stated days.