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Court, shall be by the plaintiff.
43. If there be two or more causes of action
in the bill of particulars the defendant may pay
money into Court upon one of them.
44. In paying money into Court, the defen-
dant shall specify the cause of action or particu-
lar part of the plaintiff's claim, in respect of
which the money is paid in.
45. A defendant will not be allowed to pay
money into Court and also state a defence to
the same part of the bill of particulars as to
which the money is paid in.
46. If the money be paid into Court on ac-
count of a debt due to the plaintiff, the plain-
tiff may at once take the money out of
Court: and in such case the money paid into
Court belongs to the plaintiff, even though the
plaintiff be nonsuited or though the defendant
die during the action: and if the plaintiff die
during the action, his executor or administrator
is entitled to it.
47. But if money be paid into Court as a
satisfaction for damages claimed by the plaintiff,
and the plaintiff take the money out of Court,
he shall be deemed to have accepted it in satis-
faction of the whole claim in respect of which
it was paid in. If he decline to accept it and
proceed to trial, he shall be entitled to so much
only as he shall recover for damages, and the resi-
due (if any) shall be returned to the defendant.
48. The plaintiff may at any time before the
trial, if he choose not to proceed further, ob-
tain his costs up to the time of the payment of
the money into Court, paying, however, to the
defendant any costs which he may have incurred
subsequently.
49. Upon the application of either party and
upon an affidavit by such party of his belief
that any document, to the production of which
he is entitled for the purpose of discovery or
otherwise, is in the possession or power of the
opposite party, it shall be lawful for the pre-
siding Judge to order that the party against
whom such application is made (or, if such
party is a body corporate, that some officer to
be named of such body corporate), shall answer
an affidavit, stating what documents he or they
has or have in his or their possession or power,
relating to the matters in dispute, or what he
knows to the custody they or any of them are
in and whether he or they objects to or object
(and if so on what grounds) to the production of
such as are in his or their possession or power: and
upon such affidavit being made the presiding
Judge may make such further rule or order
thereon as shall be just.
50. Where it is shown to the satisfaction of
the Court by affidavit, that certain parts of the
books or documents to be produced do not re-
late to the matters in dispute, the party produc-
ing the same will be allowed to seal up such
parts.
51. If the plaintiff shall not proceed to trial
at the time fixed, the defendant will be entitled
to such costs as he may have reasonably in-
curred with a view to the trial, before he re-
ceived notice in writing from the plaintiff of his
intention not to proceed to trial. And he shall
be entitled to have them taxed forthwith and to
have an order for payment of the same.
52. When it shall be made to appear that
by reason of the absence of a material witness
for either party, or on other grounds, it is ne-
cessary for the purposes of justice to postpone
the trial, the presiding Judge may put off
the trial to another day to be fixed by both
parties or by the presiding Judge.
The application to postpone the trial shall be
made promptly after the cause for it is known.
It may be made to the Judge even after the
cause has been called on, but not after the first
witness is sworn.
53. If the application be made on the ground
of the absence of a material witness, it shall be
supported by an affidavit showing the endea-
vours which have been made to secure the at-
tendance of such witness on the trial, and the
likelihood of the witness being forthcoming at
the time proposed for the future trial.
54. When the trial is thus put off, the party
applying for the postponement shall pay to
the opposite party such costs as he may have
been put to in preparing for trial, unless it is
alleged that the necessity for the postponement
has been caused by the misconduct of such op-
posite party, in which case the presiding Judge
shall make such order as to the costs as shall
appear to be just.
55. A trial may be postponed more than
once, but if the defendant shall apply for such
further postponement, the presiding Judge may
grant the same on terms of his bringing into
Court the money sought to be recovered or part
thereof, or giving security for the same to the
satisfaction of the Clerk of the Court.
56. Judgment by confession may be entered
up in any action for money upon a written con-
fession of the action given by the defendant to
the plaintiff with or without condition annexed
as to the time for payment of the debt or dam-
ages. The amount of debt or damages shall be
stated in the confession.
57. The confession may be of part only of
the alleged cause of action in which case the
plaintiff can proceed for the residue.
58. The written confession of judgement
given by any person shall not be of any force
unless it be signed in the presence of a Soli-
citor, Justice of the Peace, or the Clerk of the
Court, and witnessed by such Solicitor, Justice
of the Peace, or Clerk of the Court.
59. It shall be lawful for the presiding Judge
at all times to amend all defects and errors,
whether there is anything in writing to amend
by or not, and whether the defect or error be
that of the party applying to amend or not ;
and all such amendments may be made with or
without costs, and upon such terms as the pre-
siding Judge may deem fit; and all such
amendments as may be necessary for the pur-
pose of determining in the existing suit, the
real question in controversy between the parties
shall be so made
60. When any person shall have been im-
prisoned under process from this Court, he shall
not be liable at any time thereafter to be taken