On any such notice being filed, signed on behalf of both parties to the action, a discontinuance shall be entered up and signed by the Clerk of the Court forthwith, but if such notice be signed on behalf of the plaintiff only, discontinuance shall not be entered until the day appointed for the hearing, and costs may then be awarded by the Court on the application of the defendant. If no application is made for costs on the day of hearing the defendant shall be deemed to have abandoned his claim to them.

26. Striking-out of Action and Reinstatement: Costs thereupon.

If at the time and place of hearing, or at any continuation or adjournment of the Court or action, neither party shall appear, the action shall be struck out, but may be reinstated on the application of the plaintiff made on the same day without notice to the defendant; but when the Court orders the action to be reinstated after the defendant has appeared, the notice to the defendant may be in the Form No. 54 in Appendix A hereto, or in such form as the Court may order, and such notice, unless the Court shall otherwise order, shall be served two clear days at least before the day to which the hearing is adjourned.

This rule shall apply, mutatis mutandis, to applications for the examination of witnesses in accordance with section 92 of the Act. If any such application be struck out by the Court for examination on non-appearance of parties, the Clerk shall forward forthwith to the Court for hearing a certificate in the Form No. 52 in Appendix A hereto. If at the time appointed the party applying to take evidence fails to appear at the Court for examination but the opposite party appears, then the opposite party shall be entitled to such reasonable costs as the Court may order; and the Clerk shall forward to the Court for hearing a certificate of the allowance of such costs in the Form No. 53 in the Appendix A hereto.

27. Application for Rehearing.

An application under section 156 for a rehearing of an action or interlocutory proceeding shall be in writing, in the Form No. 59 in Appendix A hereto. If both parties concur therein, the Clerk shall at once fix the time for the rehearing, being the first practicable sitting of the Court, or such other time as may be agreed on by the parties; but if both parties do not concur, the Clerk shall fix a time for the hearing of the application, and notice shall be served on the opposite party, in the Form No. 60 in Appendix A hereto, two clear days before the time so fixed. Upon hearing the parties the Court may make such order, either dismissing the application or granting the rehearing, and fixing the time for the same, upon such terms as may seem just and reasonable, and the order shall be entered in the minute-book.

28. Notice of Grant of a New Hearing to be given.

When a new hearing is granted under section 101, a notice in the Form No. 55 in Appendix A hereto, or to the like effect, shall be served on or sent to the plaintiff by the defendant, and, if more than one, to each plaintiff, two clear days at least before the time appointed for the new hearing, unless the Court shall otherwise order.

29. Satisfaction of Judgment.

The Clerk shall enter on the plaint-note in each action, as well as in the Civil Record-book, the satisfaction of the judgment therein; and, when the judgment-debt is payable by instalments, he shall attach to the plaint-note a sheet in Form No. 56 in Appendix A hereto, and shall enter thereon each payment as made by the judgment debtor. When the judgment debtor in any action applies for satisfaction to be entered, but the full amount of the judgment and costs has not been paid into the Court, the Clerk shall not enter such satisfaction until a memorandum of consent, in the Form No. 123 in Appendix A hereto, has been filed, signed by the judgment creditor, and witnessed by any Clerk, Justice of the Peace, or solicitor.

30. Proceedings by Infants.

When an infant desires to commence an action (other than an action under section 49 of the Act), or is a claimant in an interpleader proceeding, he shall procure the attendance of a next friend at the office of the Clerk at the time of entering the plaint, or delivering the particulars of the goods and chattels claimed. No plaint shall be entered or statement of claim received until the next friend has undertaken, according to the Form No. 76 in Appendix A hereto, to be responsible for costs. The action or interpleader proceeding shall proceed in the name of the infant by such next friend, and the undertaking shall be filed by the Clerk; and the Court may at the hearing admit the person so undertaking to act as next friend, or make such order in reference thereto as it may think fit.