Directory_and_Chronicle_1898 — Page 295

Publicity,

Keeping

witnesses out of Court.

Order of

business at

sittings.

Non-appearance of both parties.

Non-appearance of plaintiff.

Non-appearance of defendant.

Robearing for defendant.

238

RULES OF SUPREME COURT

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 evi- dence; 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 busi- ness of the day shall be taken, as nearly as circumstances pernit, in the following order: - -

(i.) At the commencement of the sitting, judgment shall be delivered in matters standing over for that purpose, and appearing for judgment iu the paper:

(ii) Ex parte motions and motions by consent shall next be taken, in the order in which the motion papers have been 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, sball, 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 defen- dants do 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.

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 hearing 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 absence of and against any defendant, it may afterwards, if it thinks fit, on such terms as seem just, set aside the decree and rehear 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.

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