Proceedings tutory Jurisdic under the Sta tion of the Court. RULE 34. Making up special jury from common special jury RULE 35. 34. Where the trial shall have been specially directed by ORDER XLI. the Court to be by a special jury, then in the event of there not being a sufficient number of special jurymen in attendance to make such jury, it shall be in the discretion of the Court whether or not to have such jury made up from the common jurymen in attendance. (4th April 1859; Ord. 11.) 35. Where a special jury shall have been summoned at jurymen, where the instance of either party, without the special direction directed by the of the Court, then in the event of a sufficient number of Court. special jurymen not being in attendance to make such jury, Making up the same shall, unless the Court shall otherwise direct, be special jury, where special made up from the common jurymen in attendance, on the jury not so application of either party. (4th April 1859; Ord. 12.) 36. Either party shall be at liberty to apply by summons to a Judge at Chambers for a view by the jury summoned for any trial; and on the hearing of such summons each party shall name a shower for such view; and any order to shower. be made on such application shall be in the form set Form of order. forth in Schedule (N), No. 5. (4th April 1859; Ord. 13.) directed. RULE 36. Summons for a view. Naming a 37. The summons for a view, and the order to be made RULE 37. Statement of thereon, shall state the place at which the view is to be place of view made, and the distance thereof from the office of the and distance thereof. Under-Sheriff. And the sum to be deposited in the hands Deposit. of the Under-Sheriff shall be £10 in case of a common K Proceedings ORDER XLI. For travelling expenses to the Under-Sheriff, showers, and jurymen, expenses already paid, if reasonable. under the Statutory Jurisdiction of the Court. RULE 38. Nominating and reducing special jury, and proceedings after the order for a view. RULE 39. Form of notice Fee to the Under-Sheriff when the distance does 1 1 0 2 20 Fee to each of the showers, the same as the Under- Fee to common jurymen, per diem For each special jurymen, per diem. To the bailiff, for summoning each juryman 1 1 0 050 1 1 0 . 0 5 0 . 0 2 6 And to the bailiff, for summoning each juryman 38. The mode and practice of proceeding to nominate and reduce a special jury, and the proceedings after any order for a view shall have been made as aforesaid, shall be the same in all respects as are now or for the time being shall be in force in the superior courts of common law, when a special jury is ordered to be struck or a view is to be had, or as near thereto as the practice of this Court will admit. (4th April 1859; Ord. 15.) 39. The notice to admit documents may be according to to admit docu- the form set forth in Schedule (N), No. 6. (4th April 1859; Ord. 16.) ments. RULE 40. Payment of 40. Where the Court shall award damages, and direct a trial as to the amount of such damages before the Court tutory Jurisdic tion of the Court. money into itself, either with or without a jury, or direct a writ of inquiry ORDER XLI. Proceedings of damages as hereinafter provided for, or an inquiry as to under the Stathe amount of damages in any other manner, the defendant or other the person against whom damages shall have been awarded may take out a summons before a Judge at Chambers for liberty to pay into Court a sum of money Court in respect of damages. in respect of such damages; and in case such liberty shall be given and a sum of money shall be paid into Court Costs of trial or accordingly, then in the event of a larger sum for damages not being awarded than the amount so paid into Court, the plaintiff or person seeking such damages, shall pay the costs of such trial or writ of inquiry or inquiry in any such other manner as aforesaid, unless the Court shall otherwise direct. (4th April 1859; Ord. 17.) inquiry. RULE 41. Record, Sheriff's return, to be transmit 41. On the day appointed for any trial, and previously to the commencement thereof, the record for trial with the return and jury panel (if any) annexed thereto, shall be and jury panel transmitted by the Clerk of Records and Writs to the ted to Registrar, Registrar of the Court in attendance; and a copy thereof and copy left for Judge. shall be left for the Judge before whom such trial is appointed to be had, by the person at whose instance the same may have been entered for trial. (4th April 1859; Ord. 18.) them. 42. The jurors shall be called by the Registrar of the RULE 42. Court, and the oath shall be administered to them by such and administerCalling jurors, Registrar, and shall be in the form set forth in Sche- ing oath to dule (N), No. 7. The witnesses shall be called by the Administering Usher of the Court; and the oath (or declaration as the oath or declaracase may be) shall be administered by the Registrar of tion to witthe Court to the witnesses, and shall be in the form set forth in the same Schedule, No. 8 or 9. (4th April 1859; Ord. 19.) nesses. RULE 43. Addresses to 43. Upon every such trial the addresses to the jury or to the Court, as the case may be, shall be regulated as follows:-The party who begins, or his counsel, shall be Court." allowed, in the event of his opponent not announcing at the close of the case of the party who begins, his intention to adduce evidence, to address the jury a second time at the ORDER XLI. close of such case, for the purpose of summing up the Proceedings under the Sta- evidence; and the party on the other side, or his counsel, tutory Jurisdic- shall be allowed to open the case, and also to sum up the evidence (if any); and the right to reply shall be the same tion of the Court. as at present in force in the Superior Courts of Common (4th April 1859; Ord. 20.) 44. Where the jury retire from the Court to consider their verdict, they shall be taken charge of by the Usher of the Court; but previously thereto the Registrar of the Court shall administer to such Usher an oath according to the form set forth in Schedule (N), No. 10. (4th April, 1859; Ord. 21.) 45. The verdict or finding of the jury, or of the Court, as the case may be, shall be indorsed by the Registrar of the Court on the Record for Trial, and shall be signed by him, and then returned to the Office of the Clerks of Records and Writs to be filed, and if the trial shall have been by a jury, then with the jury panel and the names of the jurors who were sworn indorsed thereon. (4th April 1859; Ord. 22.) 46. The notice of any application for a new trial, whether to the Judge before whom such trial shall have been had, or to the Lord Chancellor or the Lords Justices, shall be given for the times following:-If such trial shall have been had in Hilary, Trinity, or Michaelmas Term, then not later than for the 3rd seal after such term ; and if such trial shall have been had in Easter Term, or during the sittings after Hilary, Trinity, or Michaelmas Term, then not later than for the 3rd motion day in the term then next ensuing. (4th April 1859; Ord. 23.) 47. Where the Court shall award damages to any person, by virtue of the powers contained in the 2nd section of the said Act, and shall order the amount of such damages to be assessed by a jury before any Judge of one of the Superior Courts of Common Law at Nisi Prius, or at the assizes, or before the sheriff of any county or city the person to whom such damages shall be awarded shall be at liberty to sue out at the Office of the Clerks of Records and Writs a writ of inquiry of damages according to the form set forth in Schedule (N), No. 11, 12, or 14. (4th April 1859; Ord. 24.) ORDER XLI. Proceedings under the Statutory Jurisdiction of the Court. RULE 48. 48. The rules now in force in the Courts of Common Law relative to notices of inquiry shall be applicable to notices of inquiry under any writ of inquiry to be issued Notices of by virtue of the last preceding Rule. (4th April 1859; Ord. 25.) inquiry. RULE 49. to writ of 49. The return to the writ of inquiry of the verdict or inquisition, shall be in the form set forth in Schedule (N), Form of return No. 13; and the writ of inquiry, with such return thereto, inquiry. shall, within ten days after such return, be filed at the Filing of such Office of the Clerks of Records and Writs. (4th April return. 1859; Ord. 26.) writ and the tion. 50. Any application to set aside the verdict or inquisi- RULE 50. Application to tion on any such writ of inquiry, and to direct a new set aside verinquiry, shall be made within ten days after the filing dict or inquisithereof, exclusive of any days on which the Court to which such application ought to be made shall not be sitting. (4th April 1859; Ord. 27.) tecum. 51. Either party shall be at liberty to sue out, at the RULE 51. Record and Writ Clerks' Office, subpoenas ad testificandum testificandum Subpoenas ad and subpoenas duces tecum, to compel the attendance of and duces witnesses on any trial, according to the forms now, or which for the time being shall be, in use in this Court, or as near thereto as the circumstances of each case will admit. (4th April 1859; Ord. 28.) RULE 52. Use of forms 52. The forms of proceedings contained in Schedule (N), may be used in the cases to which they are applicable, with variations. with such alterations as the circumstances of the case may render necessary; and any variance therefrom, not being a matter of substance, shall not affect their validity or regularity. (4th April 1859; Ord. 29.) |