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(2.) Any person subject to the jurisdiction of the Court present at any proceeding in Court may be required by the Court, if the Court thinks fit, to give evidence or to produce documents.
Witness' Oath or Declaration,
2.-(1.) Each witness, before giving evidence, takes an oath, according to such ceremonies or in such form as he deems binding on his conscience. In ordinary cases the form will be as follows :
"I swear that I will speak the truth, the whole truth, and nothing but the truth. So help me God.”
(2.) But the Court, if satisfied in the case of an intended witness that the taking of an oath would not bind his conscience, may permit him, instead of taking an oath, to make a declaration that he will, in giving evidence, tell the truth, the whole truth, and nothing but the truth.
3.-(1.) Subject to the direction of the Court in any particular case, each witness, after examination, is subject to be cross-examined and re-examined. After re-examination he shall not be further questioned or recalled, except through or by leave of the Court.
(2.) The Court may disallow any questions put in cross-examination which appear to the Court to be irrelevant, oppressive, or merely vexatious.
(3.) The Court takes a note of the substance of all the oral evidence given before it, in a narrative form, but putting down, if there appears reason for doing so, the terms of any particular question or answer.
(4.) Any objection to the reception of evidence shall be made at the time the evidence is offered, and shall be argued and decided at the time.
(5.) Where a question proposed to be put to a witness is objected to, the Court, unless the objection appears frivolous, shall, if required by either party, take a note of the question and objection, and mention on the notes whether the question was allowed to be put or not, and the answer to it, if put.
Documentary Evidence. 4.-(1.) Every document tendered and admitted in evidence is put in and read.
(2.) Every document put in is marked by the Court at the time with a distinguishing letter or number, and is retained by the Court till the end of the preliminary examination or trial (as the case may be), when it is returned to the party who put it in, or from whose custody it came, unless the Court, for any reason, orders it to be detained in the custody of the Court.
(3.) In a civil case, where a person whose testimony would have been admissible is dead or insane, or, for any reason appearing sufficient to the Court, is not present to give evidence, the Court nay, if it thinks fit, receive proof of any testimony given by him in any former civil judicial proceeding: provided the subject matter of the former proceeding was substantially the same as that of the pending proceeding, and that the parties to the pending proceeding were parties to the former proceeding or bound by it, and had an opportunity in it of cross-examining the person of whose former testimony proof is to be so given.
5.—(1.) Everg Court makes, when required, a list of persons resident in the district who are qualified under Part IX of "The Pacific Order in Council, 1893,” to be assessors.
(2.) When the presence of assessors is likely to be required at any civil or criminal trial, the Court summons from among the persons whose names are on the list as many as it thinks necessary.
(3.) So far as is practicable, the persons liable to attend as assessors are summoned in regular order, according to the place of their names in the list.
(4.) The summons to a person to attend as assessor is in writing under the seal of the Court, and is served on him by being delivered to him personalls, unless he is, at the time of service, absent from his usual place of abode, in which case it may be left for him there with some adult inmate. (Form (A) 3.)
(5.) The Court may, on reasonable cause shown, excuse from attendance generally, or in any particular case, any person summoned, or liable to be summoned, as assessor, and may, for like causo, discharge from attendance in any particular case any person who is acting as assessor therein.
(6.) If in the course of a trial one or more of the assessors is, or are, prevented by sufficient cause from continuing to serve, the trial may, if the Court thinks fit, proceed with the aid of the remaining assessor or assessors, if any.
(7.) If in any case the sole assessor is, or all the assessors are, prevented from continuing to serve, the proceeding shall be stayed, and a new trial held with another assessor or assessors. But in a case of urgent necessity, or by consent of the parties or their agents, the Court may continue the trial, recording the fact and the reason for so acting in the Minutes.
Sealing. 6. Every summons, judgment, order, notice, or other document issued from the Court is sealed with the seal of the Court, or signed as provided by Article 17.
Minutes and File of Proceedings.
7.-(1.) In every case Minutes of the proceedings at each stage are drawn up in writing, signed by the Judge, and sealed with the seal of the Court, or signed as before mentioned.
(2.) The Minutes are entered in a book and a!l other documents in the case are filed in a continuous file, called the file of proceedings.
(3.) The file of proceedings must be carefully preserved among the records of the Court,
(4.) The file and Minutes of proceedings in any case are open to the inspection of the assessors engaged in that case, but may not be inspected by any other person except by order of the High Commissioner.
GENERAL FORMS (A).
FORM (A) 1.
(General Heading.) (To be used in all Documents issued by the Court.) Her Britannic Majesty's High Commissioner's Court for the Western Pacific. Held at
under “The Pacific Order in Council, 1893."
and C. D. .
Defendant. With this addition in a criminal procceding
In the matter of a charge against A. B.
FORM (A) 2.
Summons to Witness.
(General Heading.) Το
Yor are required to attend this Court at the
o'clock , to give evidence in the above action (or, concerning the above); [and you are required to bring with you (specify documents)].
FORM (A) 3.
Summons to Assessor.
, of You are required to attend this Court at the day of
o'clock, to act as assessor at the trial of the above action (or, of the above charge) (or generally, of certain actions (or, certain charges) then appointed to be heard).
Application of Part (B).
8. The provisions in Part (B) apply to civil proceedings only.
Action; Summons. 9.--(1.) Civil proceedings are taken by action.
(2.) For the purposes of any enactment or other provision applicable under this Order to any civil proceeding in the Court, an action under this Order shall comprise and be equivalent to a suit, cause, or petition, or any civil proceeding, howsoever required by any such enactment or provision to be institutel or carried on.
(3.) An action is commenced by a summons.
(4.) A summons is a document in the Form (B) 1, or some form to the like effect, which is issued from the Court on the application of the plaintifi. It contains a concise statement of the particulars of the plaintiff's claim, ard gives the defendant notice of the time and place of trial.
10. Erery Court keeps a book called a cause book, in which are entered sil actions brought in that Court, numbered consecutively in each year, with a short statement of the particulars of each action, and a note of the several pro. ceedings therein. (Form (B) 2.)
Joinder of Causes of Action. 11.-(1.) A plaintiff may unite in the same action several causes of action or complaint.
(2.) But the Court, if it thinks that such causes of action, or some of them, cannot be conveniently tried together, may order separate trials.
Parties. 12.-(1.) All persons may join as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative.
(2.) All persons may be joined as defendants against whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative.
(3.) The Court may at any stage strike out the names of parties improperly or unnecessarily joined, and may, after due notice given to the persons affected, add the names of parties whose presence is essential to a just decision of the matter in dispute.
Plaintiff out of District. 13.-(1.) Where a plaintiff, taking out a summons either alone or jointly with any other person, is out of the district or only temporarily therein, he must file at the office of the Court, when the summons is issued, a written statement of a fit place within the district where notices and other papers issuing from the Court may be served on him.
(2.) He must also give security for costs by deposit or by bond for such amount as the Court directs.
(3.) The Court may, at any stage of the proceedings, order a plaintiff, who has left or is about to leave the district, to give security, or further or better security, for costs, to such an amount as the Court thinks fit, and may direct proceedings to be stayed in the meanwhile.
14.-(1.) Service is effected by an officer of the Court, and is personal, unless in any case the Court thinks fit otherwise to direct.
(2.) Personal service is effected by showing to the person to be served the original document, and by leaving with him a copy of the document of which service is intended.
(3.) Service shall not, without the leave of the Court, be made on Sunday, or before 6 A.m. or after 6 P.m. on any other day.
(4.) This rule applies to the service of a summons, orders, judgments, and all other documents required by these Rules or the practice of the Court to be served.
Service of Summons. 15.-(1.) The summons is delivered by the plaintiff to the officer of the Court for service on the defendant (except in cases where the Court thinks fit otherwise to direct) at least seven days before the day named in the summons for the hearing of the action.
(2.) The date and place of service are indorsed on the original summons by the person serving it.
Renewal of Summons. 16.-(1.) If any defendant named in a summons is not served therewith before the day named for the hearing, the plaintiff may, at any time within two months from that day, apply to the Court for leave to renew the summons.
(2.) The Court, if satisfied that reasonable efforts have been made to serve the defendant, or for good reason, may order, from time to time and as often as it thinks proper, that the summons be renewed and a fresh day named for the hearing, not being more than six months from the day of the renewal.
(3.) If the summons be renewed a note is to be made thereon by the Registrar, stating the renewal and the date thereof.
(4.) A summons so renewed shall remain in force and be available to prevent the operation of any Statute of Limitation, and for all other purposes, as from the date of the original summons.
(5.) The production of a summons purporting to be so renewed shall be sufficient evidence of the renewal and of the commencement of the action, as of the first date of the renewed summons, for all purposes.
Dismissal for Failure to Proceed. 17. If an action entered in the cause book is not proceeded with and disposed of within twelve months from service of the summons, the Court may, if it thinks fit, upon or without application by any party, order the same to be dismissed for failure to proceed.
Payment into Court in Satisfaction.
18.-(1.) Where an action is brought to recover a debt or damages, any defendant may, at any time after service of the summons, pay into the office of the Court a sum of money by way of satisfaction or amends.
(2.) It shall be paid to the proper officer, who shall give a receipt for the