374 RULES OF VICE-ADMIKALTY COURTS IN H.B.M. POSSESSIONS ABROAD
114. If there are several Plaintiffs or several Defendants, the judge may direct which Plaintiff or which Defendant shall begin.
115. The party beginning shall first address the Court, and then produce his witnesses, if any. The other party or parties shall then address the Court, and produce their witnesses, if any, in such order as the judge may direct, and shall have a right to sum up their evidence. In all cases the party beginning shall have the right to reply, but shall not produce further evidence except by permission of the judge, 116. Only one counsel shall in general be heard on each side; but the judge, if he considers that the nature of the case requires it, may allow two counsel to be heard on each side.
117. If the action is uncontested, the judge may, if he thinks fit, give judgment on the evidence adduced by the Plaintiff.
REFERENCES
118. The judge may, if he thinks fit, refer the assessment of damages and the taking of any account to the registrar either aloue, or assisted by one or more merchants as assessors.
119. The rules as to evidence, and as to the trial, shall apply mutatis mutandis to a reference to the registrar, and the registrar may adjourn the proceedings from time to time, and from place to place, if he shall think necessary.
120. Counsel may attend the hearing of any reference, but the costs so incurred shall not be allowed on taxation unless the registrar shall certify that the attendance of counsel was necessary.
121. When a reference has been heard, the registrar shall draw up a report in writing of the result, showing the amount, if any, found duc, and to whom, together with any further particulars that may be necessary.
122. When the report is ready notice shall be sent to the parties, and either party may thereupon take up and file the report.
123. Within two weeks from the filing of the registrar's report, either party may file a notice of motion to vary the report, specifying the items objected to.
124. At the hearing of the motion the judge may make such order thereto ns to him shall seem fit, or may remit the matter to the registrar for further inquiry or report. 125. If no notice of motion to vary the report is filed within two weeks from filing the registrar's report, the report shall stand confirmed.
COSTS
126. In general costs shall follow the result; but the judge may in any case make such order as to the costs as to him shall seem fit.
127. The judge may direct payment of a lump sum in lieu of taxed costs.
128. If any Plaintiff (other than a seaman suing for his wages or for the loss of his clothes and effects in a collision), or any Defendant making a counterclaim is not resident in the Possession, the judge may, on the application of the adverse party, order him to give bail for costs.
129. A party claiming an excessive amount, either by way of claim, or of set-off or counterclaim, may be condemned in all costs and damages thereby occasioned.
130. If a tender is rejected, but is afterwards accepted or is held by the judge to be sufficient, the party rejecting the tender shall, unless the judge shall otherwise order, be condemned in the costs incurred after tender made.
131. A party, who has not admitted any fact which in the opinion of the judge he ought to have admitted, may be condemned in all costs occasioned by the non-admission.
132. Any party pleading at unnecessary length or taking any unnecessary proceeding in an action may be condemnel in all costs thereby occasioned.
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