Directory_and_Chronicle_1907 — Page 411

838

Minute of judgment.

Decision, judg.

RULES OF SUPREME COURT

All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judgment when pronounced.

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

Special Case

99. Any decision or judgment may be given, or verdict taken, subject ment, or verdict to a special case to be stated for the opinion of the Supreme Court.

Rehearing.-New Trial

subject to special

case.

General power of Court as to

rehearing or new trial. Time for application

for new trial.

Jury may be demanded on new trial.

Court may order jury,

On appeal jury, may be ordered on second trial.

Date of decres or order.

Drawing up of decree or order.

100. The Court may, in any case, on such terms as seem just, order a rehearing or new trial, with a stay of proceedings.

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

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

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102. On an order for rehearing or new trial, either party may demand 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 granting rehearing or new trial that the trial shall be with a jury.

104. Where the Supreme Court, on appeal from a Court where trial with a jury can be had, thinks fit to direct a rehearing in the Court below, it may direct that the second trial shall be with a jury.

Decrees and Orders

105. A decree or order shall bear date of the day on which the decision or judgment on which the decree or order is founded is pronounced.

106. Decrees and orders shall be drawn up in form only on the application of some party to the suit, and shall then be passed, certified by the seal of the Court, and entered, and shall then form part of the

record.

No decree or order shall be enforced or appealed from, nor shall any copy thereof be granted, until it has been so drawn up, passed, and entered.

107. Any party to the suit is entitled to obtain a copy of a decree or Certified copies. order, when drawn up, passed, and entered, such copy to be certified under

Er parte orders.

Statement of time in deoree or order.

Immediate payment,

Indorsement

on decree or

order for money

ayment.

the seal of the Court.

108. Where an order is made ex parte, a certified copy of the affidavit or deposition on which the order is granted must be served on the party affected by the order, together with the order.

109. Where in any suit or matter a decree or order directs any person to pay money or do any other act, the same or some subsequent decree or order shall state the precise time within which the payment or other act is to be made or done, reckoned from the date or from the service of the decree or order in which the time is stated, or from some other point of time, as seems fit.

110. A decree or order may direct the payment to be made, or act to be done immediately after service of the decree or order, if, under special circumstances, the Court thinks fit so to direct.

111. Where the decree or order is one directing payment of money, there shall be indorsed on the copy of it served on the person required to obey it a memorandum in the words, or to the effect, following:

"If you, the within-named A.B., neglect to obey this decree [or order] by the time therein limited, you will be liable to have

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