to be served at the option of such party either by himself as his agent, or by the Bailiff of the Court, with or without a clause requiring the production of books and writings in their possession or under their control.

18. The parties shall be heard in open Court upon the day appointed, but the Judge may adjourn the hearing of any cause in such manner and on such terms as to payment of costs or otherwise, as to him may seem fit.

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

20. If the Defendant do not appear, the Court may either hold him as confessed, and give judgment accordingly, or institute such inquiry into the cause of action as may be deemed necessary, and thereupon pronounce such decision as may be consistent with the ends of justice, either alone or with the assistance of Assessors or Jurors.

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

22. When both parties appear, and from the nature of the cause, or the conflicting statements of the parties, it shall be necessary to take evidence, either party may before, but not after, any evidence is taken, move that the cause be tried with the assistance of Assessors or Jurors.

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

24. In all actions brought before the Court, the Judge shall be sole Judge, unless he think fit to take the assistance of Assessors or Jurors, or unless either of the parties shall move that the complaint be tried by Assessors or Jurors, and shall pay into Court the costs for the summoning and attendance of the Assessors or Jurors.

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

26. The Clerk of Court shall thereupon cause to be summoned twelve Assessors or Jurors residing within the District for the Trial of the cause upon the day appointed.

27. The Assessors or Jurors so summoned shall be chosen from time to time in alphabetical order, as their names shall appear in the Jury List for the District, which list shall be yearly or oftener, if he think proper, prepared by the Judge of the Court, and shall contain the names of all men residing within the jurisdiction of the Court, being holders of Miners’ Rights or Business Licenses.

28. It shall not be necessary to summon more than twelve Assessors or Jurors to attend any one sitting of the Court, and those summoned for the Trial of any one cause shall be deemed to have been summoned for the Trial of all causes to be tried at the same sittings of the Court, with the assistance of Assessors or Jurors.

29. Every summons of an Assessor or Juror shall be served on him personally, or by leaving the same at his ordinary place of abode, at least one clear day before the sitting of the Court.

30. When the Assessors or Jurors shall be in attendance, if their number shall be odd, the Clerk shall strike off one, and the number being even, the Complainant and Defendant alternately shall each strike off one until the number be reduced to four.

31. The four thus remaining shall be empanelled and sworn to give their verdict in the cause to be brought before them.

32. Every such Juror thus empanelled shall be entitled to receive from the Clerk of the Court the sum of ten shillings, and the expense thereby incurred shall be costs in the cause.

33. If either party shall neglect or refuse to strike the Jury as above provided, or if the Defendant shall be absent, it shall be lawful for the Clerk of the Court to strike the Jury instead of such neglecting, refusing, or absent party.

34. No evidence shall be given by either party on the Trial of any case, except such evidence as may be material to the right of action, or to the defence.

35. It shall not be necessary that the Assessors or Jurors give an unanimous verdict, but Judgment shall be entered up in pursuance of the verdict of the majority.