52

without the District within which the
\nCourt has jurisdiction, (but not out of the
\nProvince :) provided that it clearly appear from
\nthe complaint that the cause of action is
\notherwise within the jurisdiction of the
\nCourt.

15. The service of any Summons shall
    \nbe by delivering a copy of the same to the
    \nDefendant (or if more than one, to each of
    \nthem) personally; or if he cannot be found,
    \nby leaving such copy at his place of abode;
    \nor in case of co-partners, at the Claim,
    \nStation, or other place of business of the
    \nfirm.

16. The Summons may be served by the
    \nBailiff or by any other person whom the
    \nCourt may authorise, and he shall by a
    \ncertificate under his hand, certify the time
    \nand mode of such service, to be endorsed
    \non the Summons without prejudice to the
    \nJudge taking proof thereof by oath if he
    \nthink fit.

17. Either party may obtain from the
    \nClerk of Court Summonses to Witnesses, to
    \nbe served at the option of such party,
    \neither by himself or his agent, or by the
    \nBailiff of the Court, with or without a
    \nclause requiring the production of books
    \nand writings in their possession or under
    \ntheir control.

18. The parties shall be heard in open
    \nCourt upon the day appointed, but the
    \nJudge may adjourn the hearing of any
    \ncause in such manner and on such terms as
    \nto payment of costs or otherwise, as to him
    \nmay seem fit.

19. If the Complainant do not appear at
    \nthe time appointed, and good cause for his
    \nabsence be not shown, the Judge shall dismiss the complaint, and award a sum
    \nto the Defendant as costs, or adjourn the
    \nhearing of the same.

20. If the Defendant do not appear, the
    \nCourt may either hold him as confessed,
    \nand give judgment accordingly, or institute
    \nsuch inquiry into the cause of action as
    \nmay be deemed necessary, and thereupon
    \npronounce such decision as may be consistent with the ends of justice, either alone
    \nor with the assistance of Assessors or Jurors.

21. Whenever the Court shall make a
    \nDecree, in the absence of any party interested in the subject matter of the suit
    \nbinding the rights of such party, the Judge
    \nmay, in his discretion, at the same or any
    \nsubsequent Court set aside such Decree, or
    \nany part thereof, and grant a rehearing of
    \nthe suit upon such terms, if any, as to payment of costs, giving security, or otherwise,
    \nas he may think fit, on sufficient cause
    \nshown for that purpose.

22. When both parties appear, and from
    \nthe nature of the cause, or the conflicting
    \nstatements of the parties, it shall be necessary to take evidence, either party may
    \nbefore, but not after, any evidence is taken
    \nmove that the cause be tried with the
    \nassistance of Assessors or Jurors.

23. If from the nature of the cause (e.g.,
    \nan encroachment or an unlawful or injurious operation) the Court deem it necessary to repair to the spot, and there on view
    \ninvestigate and determine the matter, the
    \nCourt may proceed forthwith, or appoint a
    \ntime for that purpose, and order the parties
    \nand witnesses then and there to attend.

24. In all actions brought before the
    \nCourt, the Judge shall be sole Judge, unless he think fit to take the assistance of
    \nAssessors or Jurors, or unless either of the
    \nparties shall move that the complaint be
    \ntried by Assessors or Jurors, and shall pay
    \ninto Court the costs of the summoning and
    \nattendance of the Assessors or Jurors.

25. The Assessors or Jurors shall consist of four persons of full age and good
    \nrepute, who may be selected by the parties in
    \nthe cause, from indifferent persons present
    \nin Court, if the said parties concur in this
    \nmode of proceeding. If they do not so concur, the Trial shall be adjourned to another
    \nday to be then fixed.

26. The Clerk of Court shall thereupon
    \ncause to be summoned twelve Assessors or
    \nJurors residing within the District for the
    \nTrial of the cause upon the day appointed.

27. The Assessors or Jurors so summoned shall be chosen from time to time in
    \nalphabetical order, as their names shall appear in the Jury List yearly for the District,
    \nwhich list shall be yearly or oftener, if he
    \nthink proper, prepared by the Judge of the
    \nCourt, and shall contain the names of all
    \nmen residing within the jurisdiction of the
    \nCourt, being holders of Miner’s Rights or
    \nBusiness Licences.

28. It shall not be necessary to summon
    \nmore than twelve Assessors or Jurors to
    \nattend any one sitting of the Court, and those
    \nsummoned for the Trial of any one cause
    \nshall be deemed to have been summoned
    \nfor the Trial of all causes to be tried at the
    \nsame sittings of the Court, with the assistance of Assessors or Jurors.

29. Every summons of an Assessor or
    \nJuror shall be served on him personally, or
    \nby leaving the same at his ordinary place
    \nof abode, at least one clear day before the
    \nsitting of the Court.

30. When the Assessors or Jurors shall
    \nbe in attendance, if their number shall be