15. 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. 16. The notice to admit documents may be according to the form set forth in the Schedule to these Orders. 17. Where the Court shall award damages and direct a trial as to the amount of such damages before the Court itself, either with or without a jury or a writ of inquiry of damages as hereinafter provided for, or an inquiry as to the amount of damages in any other manner, the defendant or other the party or 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 in respect of such damages, and in case such liberty shall be given and a sum of money shall be paid into court accordingly, then in the event of a larger sum for damages not being awarded, than the amount so paid into court, the plaintiff or party 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. 18. 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 transmitted by the Clerk of Records and Writs to the Registrar of the Court in attendance, and a copy thereof shall be left for the Judge before whom such trial is appointed to be had, by the party or person at whose instance the same may have been entered for trial. 19. The jurors shall be called by the Registrar of the Court, and the oath shall be administered to them by such Registrar, and shall be in the form set forth in the Schedule to these Orders, and the oath (or declaration as the case may be) shall also be administered by the Registrar of the Court to the witnesses, and shall be in the form set forth in the Schedule to these Orders. 20. 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 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 close of such case, for the purpose of summing up such evidence, and the party on the other side, or his counsel, 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 as at present in force in the superior courts of common law on trials at Nisi Prius. 21. Where the jury shall 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 the oath according to the form set forth in the Schedule to these Orders. 22. 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 the 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. 23. The notice of any application for a new trial, whether to the Judge before whom such trial shall have been had, or to the Court of Appeal in Chancery, shall be given for the times following, that is to say:-If such trial shall have been had in Hilary, Trinity, or Michaelmas Term, then not later than for the third seal after such terms respectively; 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 third motion day in the term then next ensuing. 24. Where the Court shall award damages to any party or 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 party or 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 the Schedule to these Orders. 25. 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 by virtue of the last preceding Order. 26. The return to the Writ of Inquiry of the verdict or inquisition, shall be in the form set forth in the Schedule to these Orders, and the Writ of Inquiry, with such return thereto, shall, within ten days after such return, be filed at the Office of the Clerks of Records and Writs. 27. Any application to set aside the verdict or inquisition or any such Writ of Inquiry, and to direct a new inquiry, shall be made within ten days after the filing thereof, exclusive of any days on which the Court to which such application ought to be made shall not be sitting. 28. Either party shall be at liberty to sue out at the Record and Writ Clerks' Office subpoenas ad testificandum, and subpœnas duces tecum, to compel the attendance of 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. 29. The forms of proceedings contained in the Schedule to these Orders may be used in the cases to which they are applicable, 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. THE SCHEDULE ABOVE REFERRED TO. In Chancery. 1. Form of Record for Trial of a Question or Questions of Fact. Title of Cause or Matter. By an Order made in this cause (or, matter), dated &c., the Court hath directed that the following question or questions of fact be tried by a jury before the Court itself, (or, before the Court itself without a jury) (that is to say): Whether, &c. If more questions than one, number them consecutively, 1, 2, 3, &c. In Chancery. 2. Form of Record for Trial as to Amount of Damages. Title of Cause or Matter, &c. Whereas, by an Order made in this cause (or, matter), dated &c., the Court hath awarded damages to the plaintiff in respect of the matters in the said Order mentioned, and hath directed that the amount of such damages shall be assessed by a jury before the Court itself, (or, before the Court itself without a jury). The question is, what amount of damages the plaintiff hath sustained by reason of the matters in the said Order mentioned. In Chancery. 3. Form of Order to summon a Common Jury. Title of Cause or Matter. Upon the humble petition of the (or, upon motion this day made, &c.) It is ordered that the Sheriff of Middlesex do summon a sufficient number of common jurors for the trial of a certain question of fact, (or, as to the amount of damages sustained by the plaintiff, as the case may be) in this cause to be tried before the Right Honourable the Lord High Chancellor in his Court at Lincoln's Inn Hall, in the county of Middlesex, (or, other the Judge before whom and the Court in which the trial is to take place), on the day of 185 at Ten of the clock in the forenoon precisely. And it is ordered that the said sheriff do attend with the said jurors accordingly. 4. Form of Order for a Special Jury. Title of Cause or Matter. Upon the humble petition, &c. It is ordered that at the expense of the plaintiff (or, defendant) in the first instance, forty-eight special jurors shall be nominated by ballot out of the special jurors list for the county of of persons qualified to serve on special juries for the said county, and be reduced before the Under-Sheriff of the said county, of whom, twelve shall be struck out by each party, and the names of the remaining twenty-four shall be placed on a panel for the trial of a certain question of fact (or, as to the amount of damages sustained by the plaintiff, as the case may be) in this cause, and that the said Sheriff of the said county do cause the said twenty-four jurors to be summoned to attend at the said trial, on &c. (as in preceding form), and that the said Sheriff do also summon twelve common jurors to attend at the said trial on the day and at the time and place aforesaid. And it is ordered that the said Sheriff and the said jurors do attend accordingly. N.B.-If special jury, obtained on the application of either party without the special direction of the Court, leave out the words "in the first instance." at Upon application, &c. It is ordered that the Sheriff of shall cause the place in question to be shewn to six or more of the jury (or, if a special jury, say, six or more of the first twelve jurors,) summoned and impannelled to try the question (or, questions) between the said parties, or as many more of them as he shall think fit, to take a view of the place in question, on the day of next, at of the clock, in the forenoon of the same day, which said jurors shall meet at the house of I. P., known by the name or sign of in the county (or, city) of who shall then and there be refreshed at the equal charge of the said parties, and that S. P. on the part of the plaintiff, and S. D. on the part of the defendant, shall shew the place in question to those jurors; but that no evidence shall be then and there given to the said jurors, and the Sheriff of shall return the names of such of the said jurors as shall view the said place to the Registrar in the Court of Chancery, for the purpose of their being called as jurymen upon the trial of the said question (or, questions). And it is further ordered that the plaintiff (or, defendant), his attorney or agent, shall deposit in the hands of the Under-Sheriff of the said county, the sum of £ for payment of the expenses of the same view, pursuant to the Order of Court made on the day of and if such sum shall be more than sufficient to pay the expenses of the said view, the surplus shall be forthwith returned to the plaintiff's (or, defendant's) solicitor; and if such sum shall not be sufficient to pay such expenses, the deficiency shall be paid forthwith by the said plaintiff's (or defendant's) solicitor to the said Under-Sheriff, the plaintiff (or, defendant) hereby consenting that in case no view shall be had, or if a view shall be had by any of the said jurors, whether they shall happen to be six or any particular number of the jurors who shall be so mutually consented to as aforesaid yet the said trial shall proceed, and no objection shall be made on account thereof. In Chancery. 6. Form of Notice to Inspect and Admit. Title of Cause or Matter. Take notice that the (plaintiff or, defendant) proposes to adduce in evidence on the trial in this cause the several documents hereunder specified, and that the same may be inspected by the his solicitor or agent, at the { plaintiff { defendant plaintiff defendant is hereby required within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals, were respectively written, signed, or executed as they purport respectively to have been, that such as are specified as copies are true copies, and such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively, saving all just exceptions to the admissibility of all such documents as evidence on such trial. Dated, &c. G. H., solicitor (or, agent) for { plandant.} B Here describe the documents, the manner of doing which may be as follows: ORIGINALS. Description of the Documents. Deed of Covenant between A.B. & C.D., 1st part, and E.F., of the 2nd part Indenture of Lease from A.B. to C.D. Indenture of Release between A.B.C.D., 1st part, &c. Letter Defendant to Plaintiff Policy of Insurance on Goods Bill of Exchange for £100 at 3 months, drawn by A.B. on and accepted by C.D., indorsed by E.F. and G.H. . Date. 1st January, 1848. 1st February, 1848. 2nd February, 1848. 1st March, 1848. 3rd December, 1848. 1st May, 1840. You shall well and truly according to the evidence. 7. Form of Oath to be administered to the Jurors. try the question (or, questions) between the parties, and a true verdict give So help you God. 8. Form of Oath to be administered to a Witness. The evidence you shall give to the Court and Jury (or, the Court, as the case may be) touching the matters in question, shall be the truth, the whole truth, and nothing but the truth. So help you God. 9. Form in case the Witness has conscientious objections to take an Oath. The witness is to repeat, after the Registrar, as follows, verbatim: I (A.B.) do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful. And I do also solemnly and truly affirm and declare that the evidence I shall give to the Court and Jury (or, the Court, as the case may be), shall be the truth, the whole truth, and nothing but the truth. |