Ords. 3-4. 6. When the party to be served is in the service of the Govern- SCHEDULE I. ment, the Court may transmit a duplicate of the document to be served to the Head Officer of the Department in which such party Service on is employed, for the purpose of being served on him, if it shall Government appear to the Court that it may be most conveniently so served, and such Head Officer shall cause the same to be served on the proper party accordingly. Officers. 7. Ordinarily service may not be made out of the particular Service not to jurisdiction, except under an Order for that purpose made by the be made ordinarily out Court within whose jurisdiction service is to be made, which order of particular may be made on the request of any other Court, and shall in each jurisdiction. case direct in what mode service is to be made. 8. Where, however, the urgency or other peculiar circumstances In cases of of the case appear to any Court to require (for reasons recorded in urgency. the Minutes), the Court may Order that service be made out of its particular jurisdiction. 9. In every case it shall be lawful for the Court, in its dis- Court to fix cretion, to fix the time for appearance by the Defendant, and to time for give any other direction with reference to such service which it appearance. may think fit. 10. An Order for Service may be varied from time to time with Varying respect to the mode of Service directed by the Order. 11. Service in a Civil Case shall not be made on Sunday, Good Friday, Christmas Day, or the day next before and the next after Christmas Day. Order of No Service in Civil Cases on 12. In a Criminal Case a Search Warrant, or a Warrant of Holidays. Apprehension or Commitment or other purpose, may be issued and In Criminal executed on any Sunday or Holiday, where the urgency of the case may be on so requires. Cases Service any day. Service. 13. A Book shall be kept at every Court for recording Service Record and of Process, in such form as the Chief Justice may direct, in which Proof of shall be entered by the Officer serving the Process, or by the Registrar, the names of the Plaintiff or Complainant and Defendant, the particular Court issuing the Process, the method, whether personal or otherwise, of the service, and the manner in which the person serving ascertained that he served the Process on the right person, and where any Process shall not have been duly served, then the cause of Failure shall be stated; and every entry in such Book or an office copy of any entry shall be prima facie evidence of the several matters therein stated. ORDER IV. COMPUTATION OF TIME. 1. Where by any Ordinance or any Order or Rule of Court, or How to be any special Order, or the course of the Court, any limited time from made. or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the following Rules shall apply: : (1) The limited time does not include the day of the date of or Commence SCHELULE I. ment of a time limited. When act to Sundays and Time expiring on Sunday or Holiday. Enlargement and abridgment of time. the happening of the event, but commences at the beginning of the day next following that day: (2) The act or proceeding must be done or taken at latest on the last day of the limited time: (3) Where the limited time is less than six days, the following days shall not be reckoned as part of the time, namely, Sunday, Good Friday, Monday and Tuesday in Easter week, Christmas Day and the day next before and next after Christmas Day, nor any Public Holiday: (4) When the time expires on one of those days, the act or proceedings shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of those days. 2. Parties may by consent enlarge or abridge any of the times fixed by the Rules for taking any step or filing any document, or giving any notice in any suit. Where such consent cannot be obtained, either party may apply to the Court at any time, and the Court may make such order upon such terms and conditions as may seem just. Public or Sittings of the What Orders to be made. Recovery of Costs. ORDER V. MISCELLANEOUS PROVISIONS. 1. The Sittings of the Court for the hearing of causes shall ordinarily be public; but the Court may, for a reason to be specified by it on the Minutes, hear any particular cause or matter in the presence only of the parties, with their Legal Advisers (if any) and the Officers of Court. 2. Subject to particular Rules, the Court may in all causes and matters make any Order which it considers necessary for doing justice, whether such Order has been expressly asked by the person entitled to the benefit of the Order or not. 3. All fines, forfeitures, pecuniary penalties and costs ordered to Penalties and be paid may be levied by distress, seizure, and sale of the moveable and immoveable property of the person making default in payment, and any bill of sale or mortgage or transfer of property made with the view of avoiding such distress, seizure or sale, shall be ineffectual for such purpose. Notices. Office Hours. 4. In all cases in which the publication of any Notice is required the same may be made by advertisement in the Gazette, unless otherwise provided in any particular case by any Rule of Court or otherwise ordered by the Court. 5. The several Offices of the Court shall be open at such times. as the Chief Justice shall direct by any Order published in the Gazette; and, subject as aforesaid, they shall be open betwixt the hours of ten and four on every day of the year, except Sundays, Good Friday, Monday and Tuesday in Easter week, Christmas Day, and the day next before and next after Christmas Day, and all Public Holidays. 6. A document shall not be filed unless it has indorsed on it the SCHEDULE I. name and number of the cause, the date of filing, and whether Ords. 5-6. filed by plaintiff or defendant; and on being filed such indorse- Filing. ment shall be initialled by the Registrar. Officers may appear for 7. In any cause or matter to which the Crown, the Government Government of the Colony, or any Department thereof, the Governor, or the head of any Government Department is a party in his official Crown, &c. capacity, any Government Officer may appear, plead, and act for such party, if authorized by the Governor, or by the head of the Government Department involved as the case may be. ORDER VI. EVIDENCE. 1. Exclusion of Witnesses. -Witnesses out of Court. 1. On the application of either party, or of its own motion, the Ordering Court may order Witnesses on both sides to be kept out of Court; but this Rule does not extend to the parties themselves or to their respective Legal Advisers, although intended to be called as Witnesses. 2. The Court may during any trial take such means as it con- Preventing siders necessary and proper for preventing communication with communicaWitnesses who are within the Court House or its precincts awaiting Witnesses. examination. 2. Discrediting Witnesses. 3. The party producing a Witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the Witness shall in the opinion of the Court prove adverse, contradict him by other evidence, or by leave of the Court prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such statement. tion with How far a credit his own adverse 4. If a Witness upon cross-examination as to a former state- Proof of Conment made by him relative to the subject-matter of the trial, and tradictory inconsistent with his present testimony, does not distinctly admit Statements of that he has made such statement, proof may be given that he did Witnesses. in fact make it; but before such proof can be given the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the Witness, and he must be asked whether or not he has made such statement. 5. A Witness may be cross-examined as to previous statements Cross-Examimade by him in writing relative to the subject-matter of the trial nation as to previous without such writing being shown to him, but if it is intended to Statements in contradict such Witness by the writing his attention must, before Writing. Ord. 6. SCHEDULE I. Such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him provided always, that it shall be competent for the Court, at any time during the trial, to require the production of the writing for its inspection, and the Court may thereupon make use of it for the purposes of the trial, as it shall think fit. Proof of viction of Witness be given. may 6. A. Witness on any trial may be questioned as to whether he previous Con- has been convicted of any felony or misdemeanour, and, upon being so questioned, if he either denies the fact or refuses to answer, it shall be lawful for the opposite party to prove such conviction; and a Certificate, containing the substance and effect only (omitting the formal part) of the indictment or information and conviction for such offence, purporting to be signed by the Registrar or other Officer having the custody of the Records of the Court where the offender was convicted, or by the Deputy of such Registrar or Officer, shall, upon proof of the identity of the person convicted, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same. Attesting Witness need not be called except in certain cases. Comparison of disputed Writing. Entries in Government Proof of Proclamations, &c. Books of Maps, Charts. Foreign Law. 3. Documentary Evidence. 7. It shall not be necessary to prove by the Attesting Witness any Instrument to the validity of which attestation is not requisite; and such Instrument may be proved by admission or otherwise, as if there had been no Attesting Witness thereto. 8. Comparison of a disputed writing with any writing proved to the satisfaction of the Court to be genuine, may be made by the Court, or by Witnesses; and such writings, and the evidence of Witnesses respecting the same, shall be evidence of the genuineness or otherwise of the writing in dispute. 9. Entries in books of accounts kept in the course of business with such a reasonable degree of regularity as shall be satisfactory to the Court, shall be admissible in evidence whenever they refer to a matter into which the Court has to inquire, but shall not alone be sufficient evidence to charge any person with liability. 10. Any Government Gazette of any Country, Colony, or Dependency under the dominion of the British Crown, may be proved by the bare production thereof before the Court. 11. All Proclamations, Acts of State, whether Legislative or Executive, Nominations, Appointments and other Official Communications of the Government, appearing in any such Gazette, may be proved by the production of such Gazette, and shall be primâ facie proof of any fact of a public nature which they were intended to notify. 12. On matters of public history, literature, science or art, the Court may refer, if it shall think fit, for the purposes of evidence, to such published books, maps, or charts as the Court shall consider to be of authority on the subject to which they relate. 13. Books printed or published under the authority of the Government of a Foreign Country, and purporting to contain the Ord. 6. Statutes, Code, or other Written Law of such Country, and also SCHEDULE I. printed and published Books of Reports of Decisions of the Courts of such Country, and Books proved to be commonly admitted in such Courts as evidence of the Law of such Country, shall be admissible as evidence of the Law of such Foreign Country. 14. All maps made under the authority of any Government, or Public Maps. of any Public Municipal Body, and not made for the purpose of any litigated question, shall prima facie be deemed to be correct, and shall be admitted in evidence without further proof. Documents without 15. Any person, whether a party or not, in a cause may be Production of summoned to produce a document, without being summoned to give evidence, and if he cause such document to be produced in giving EviCourt, the Court may dispense with his personal attendance. 4. Affidavits. dence. 16. Before an Affidavit is used in the Court for any purpose the Affidavits to Original shall be filed in the Court, and the Original or an Office be filed. Copy shall alone be recognised for any purpose in the Court. 17. Any Affidavit sworn before any Judge, Officer, or other Before whom person in the United Kingdom, or in any British Colony, Posses- Sworn. sion or Settlement authorized to take Affidavits, or before any Commissioner duly authorized by the Supreme Court to take Affidavits in the United Kingdom or Abroad, may be used in the Court in all cases where Affidavits are admissible. 18. Any Affidavit sworn in any Foreign parts out of His Sworn in Majesty's Dominions before a Judge or Magistrate, being authen- Foreign parts. ticated by the Official Seal of the Court to which he is attached, or by a Public Notary, or before a British Minister, Consul, ViceConsul or Consular Agent, may be used in the Court in all cases where Affidavits are admissible. 19. The fact that an Affidavit purports to have been sworn in Proof of Seal manner herein before prescribed, shall be prima facie evidence of and Signathe seal or signature, as the case may be, of any such Court, Judge, ture. Magistrate or other Officer or person therein mentioned, appended or subscribed to any such Affidavit, and of the Authority of such Court, Judge, Magistrate, or other Officer or person to Administer Oaths. Sworn before certain 20. An Affidavit shall not be admitted which is proved to have Not to be been sworn before a person on whose behalf the same is offered, or before his Attorney, or before a Partner or Clerk of his Attorney. Persons. 21. The Court may permit an affidavit to be used, notwith- Defective in standing it is defective in form according to these Rules, if the form. Court is satisfied that it has been sworn before a person duly authorized. 22. A defective or erroneous Affidavit may be amended and Amendment and rere-sworn by leave of the Court, on such terms as to time, costs, or swearing. otherwise, as seem reasonable. 23. Every affidavit used in the Court shall contain only a Contents of statement of facts and circumstances to which the Witness deposes, Affidavits. |