Production and Inspection of Documents. 37. It shall be lawful for the Commissioners, at any time Production of during the pendency of any matter before them, to order the documents production by any party thereto, upon oath, of such of the on oath. documents in his possession or power relating to any such matter as the Commissioners shall think right; and the Commissioners may deal with such documents, when produced before them, in such manner as shall appear just. 38. Either party shall be entitled at any time before or at Documents the hearing of the case to give a notice in writing to the other referred to in party in whose application or answer or reply reference is made pleadings. to any document, to produce it for the inspection of the party giving such notice, or of his solicitor, and to permit him to take copies thereof, and any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such proceeding without the leave of the Commissioners, unless he satisfy the Commissioners that he had sufficient cause for not complying with such notice. Notice to produce. 39. Either party may give to the other a notice in writing to Notice to produce such documents as relate to any matters in difference produce. (specifying the said documents), and which are in the possession or control of such other party, and if such notice be not complied with, secondary evidence of the contents of the said documents may be given by or on behalf of the party who gave such notice. Notice to admit. 40. Either party may give to the other party a notice in Notice to writing to admit any documents saving all just exceptions, and admit. in case of neglect or refusal to admit after such notice, the costs of proving such documents shall be paid by the party so neglecting or refusing, whatever the result of the application may be, unless at the hearing the Commissioners certify that the refusal to admit was reasonable, and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense. Notice of Discontinuance. 41. When any application made to the Commissioners has 1 een withdrawn or settled, the applicant shall immediately thereupon give notice thereof to the registrar. Notice where application withdrawn or settled. Witnesses. Attendance 42. The attendance of witnesses, with or without documents, of Witnesses. shall be enforced by subpoena which may be sued out by either To be virâ voce except in certain cases, party requiring the attendance of such witness. Such subpoena shall be according to Forms No. 6 or 7 in the First Schedule hereto, and shall be sealed by the registrar with the seal of the Commission, and may be served in any part of the United Kingdom. The witnesses shall be entitled to the same protection as when subpoenaed or cited to attend a superior court, and the laws and practice in force for the time being relating to witnesses in a superior court shall apply to them in proceedings before the Commissioners. Appointing Date of Hearing. 43. The applicant, at the time of filing his reply (if any), or if the defendant make default in putting in his answer, or at any time after the pleadings are closed, may apply to the registrar to fix a date for the hearing. If the applicant does not within six weeks after the close of the pleadings, or within such extended time as the Commissioners may allow, apply to the registrar to fix a date for the hearing, the defendant may do so. No such application shall be made without two days' previous notice in writing to the opposite party. If either of the parties fail to appear on the application to fix a day for hearing, notice of the day appointed shall be served within a time to be named by the registrar. The parties shall leave with the registrar, six days before the day fixed for the hearing, any maps, plans, time-tables, and special Acts or other documents referred to in the application, answer, reply, or other pleading, or which may be useful in explaining or supporting the same. The Hearing. 44. If the applicant does not appear at the time and place appointed for the hearing, the Commissioners may dismiss the application, and if the defendant does not appear at such time and place, and the Commissioners are satisfied that the notice of the hearing was duly served, they may hear and determine the application ex parte, and if at any adjournment of the hearing the parties or either of them do not appear, the Commissioners may decide the case in their absence. Evidence at the Hearing. 45. The witnesses at the hearing shall be examined vivâ voce, but the Commissioners may at any time, and whether before or at the hearing, for sufficient reason, order that any particular and whether facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing on such conditions as they may think reasonable, or that any witness whose attendance ought for some sufficient cause to be dispensed with, be before or at the hearing. examined by interrogatories or otherwise before a person to be appointed by them for that purpose, provided that when it appears to the Commissioners that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. Depositions taken before a person authorised to take them may be read at the hearing without calling the deponents unless the Commissioners otherwise order. 46. The Commissioners may require further evidence to be Commissiongiven either vivá voce, or by affidavit, or by deposition taken before a person appointed by them for that purpose. shall 47. The hearing of the case, when once commenced, proceed, so far as in the judgment of the Commissioners may be practicable and convenient, from day to day. View. er may require further evidence. Hearing to proceed from day to day. 48. In any case in which, in the opinion of the Commis- Power of sioners, a view is necessary or desirable, it may be had by one or more Commissioners as they may direct. Judgment of Commissioners. Commissioners to view. sioners. 49. After hearing the case the Commissioners may dismiss Judgment of the application, or make an order thereon in favour of the Commis defendants, or reserve their decision, or make such other order upon the application as may be warranted by the evidence, and may seem to them just. 50. The Commissioners may give their decision in writing, signed by them, and it may be sent or delivered to the respective parties, and it shall not be necessary to hold a court merely for the purpose of giving such decision. Taxation of Costs. May be in writing and sent or delivered to the parties. 51. Costs shall be taxed upon the order of the Commissioners Costs, how under which they are payable, and such costs shall, if required, taxed. be taxed by the registrar or such other person as the Commissioners may direct. Alteration or Rescission of Order. orders. 52. Any application to the Commissioners to review and Alteration or rescind or vary any decision or order previously made by them, rescission of and not being a decision or order upon an interlocutory application, nor under Rule 14 of these Rules, shall be made within 28 days after the said decision or order shall have been communicated to the parties unless the Commissioners think fit to enlarge the time for making such application. Any application to the Commissioners to review and rescind or vary any decision or order previously made by them upon an interlocutory application shall be made within four days after the said decision or order shall have been communicated to the parties, unless the Commissioners think fit to enlarge the time for making such application. Every application under this Rule shall be made by motion; and no such motion shall be made without two clear days" previous notice in writing to the registrar and to the parties affected thereby. Interlocutory Applications. Interlocutory 53. Where not otherwise provided for in these Rules, all applications. interlocutory applications shall, unless otherwise specially ordered, be heard by the registrar upon summons duly served and may be determined in a summary way. Such application may, if the registrar thinks fit, be adjourned, either before or at the time of hearing before him, into court for hearing before the Commissioners. Affidavits, how framed. Before whom sworn. Any person affected by any order or decision of the registrar in any matter involving questions of law may appeal therefrom to the ex-officio Commissioner, and in any other matter to the Commissioners. Such appeal shall be by way of indorsement on the summons by the registrar at the request of any party or by notice in writing to attend before the Commissioners without a fresh summons. Such notice shall be given to the registrar and to the opposite party within four days after the decision complained of, or such further time as may be allowed by the registrar or by the ex-officio Commissioner, or the Commissioners. An appeal from the registrar's decision shall be no stay of proceedings unless so ordered by the registrar or by the ex-officio Commissioner, or the Commissioners. Affidavits. 54. Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory porceedings, on which statements as to his belief with the grounds thereof may be admitted. The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter or copies of or extracts from documents shall be paid by the party using or filing the same. 55. Any affidavit used in any proceeding before the Commissioners may be sworn as follows; - In the United Kingdom, before any of the said Commissioners or the registrar, or the officer appointed by the Commissioners to administer oaths in proceedings before them (and in these cases without the payment of any fee) or before a person authorised to administer oaths in any of the superior courts, or before a Commissioner empowered to take or receive affidavits, or before a justice of the peace for the county or place where it is sworn or made. In Scotland, in addition to the above-mentioned persons, before any sheriff-depute or his substitute or a justice of the peace. In any place in the British dominions out of the United Kingdom, before any court, judge, or justice of the peace, or any person authorised to administer oaths there in any court. In any place out of the British dominions, before a British minister, consul, or vice-consul. The Commissioners shall take judicial notice of the seal or signature, as the case may be, of any such court, judge, minister, consul, or vice-consul, attached, appended, or subscribed to any such affidavit. 56. Affidavits used in any proceedings before the Commissioners shall be filed in their office, and office copies of the same and of other documents filed in their office may be procured by the parties on application to the registrar. Computation of Time. Filing of, and giving office copies of, and of other documents. 57. In all cases in which any particular number of days, Time, how not expressed to be clear days, is prescribed by the Railway computed. and Canal Traffic Acts, 1873* and 1888†, or by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, or Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusively of that day also. 58. The days between Thursday next before and the Wednesday next after Easter Day, and the day appointed to be kept as the Queen's Birthday, and Whit Monday and Whit Tuesday, and Christmas Day, and the three following days, shall not be reckoned or included in any proceedings under the Railway and Canal Traffic Acts, 1873* and 1888.+ What days to be excluded. 59. The time between the 12th day of August and the 24th Pleadings in day of October in England and Ireland, and in Scotland the Vacations. between the 20th day of March and the 12th day of May, and between the 20th day of July and the 15th day of October, shall be reckoned in the computation of the times appointed or |