Art 68. Ôr if the question relates to matter of fact, or is connected with the merits of the case, the Court may make an order grounded thereon,
•fating the same, and directing (as the case may be) Personal Inspection, De- ,
mfoiràtto* *« loco, production of evidence, or publication of depositions takenon commission previously issued for the examination of witnesses, with challenge and exceptions as to their competency or otherwise on the one side, and the justi-fic-itiou or impeachment thereof on the other; and an inventory or schedule as above, shall be made by the parties, to the end that the Court may be enabled to pass judgment upon the same,
Of Production,
Art. 69. The case having been ' ordered to be proceeded upon in the manner above mentioned, if the same should appear to the Court to depend on the inves-tigation of facts, connected with the merits, both parties shall be allowed a term of six weeks, for the production of their witnesses and proofs, without any ' fur-ther delay; unless upon proper and sufficient grounds, the Court may deem it right to enlarge tha time.
Art. 70. At the commencement of such term, each of the parties shall be at liberty, separately for himself, to move the Court for the appointment of a com»
mission of two of its Members, for the purpose of examining and taking the
de-positions of his witnesses upon oath, or tu cause personal inspection, ana see «fe,
monstraiion mzie in tsco, according to the nature of the case, and to receive allthe documentary evidence, which be may wish to produce to them, in proof of
petition, praying that his witnesses may be summoned to appear, and the opposite party directed to give has attendance before the commission, for the pur--pose of exhibiting his contra-proofs and cross examination, if he thinks fit.
Art. 7 1 . The commission having been thus appointed and summons issued, the tipstaff shall subpoena the witnesses, or such of them as may be living with-in the District or place of residence of the Court, and also'cause the opposite party to appear on such day and at such place, as the Commission may think proper to "appoint.
Art. 72. I f the day appointed for the appearance of the witnesses, should be p u t off on account of other avocations of the Commissioners, or for any other causes, the party at whose instance they weresubpeena'd.. shall cause the summons tö be renewed, and give notice thereof to his antagonist.
Art. 7 3 . T h e Tipstaff shall be required to serve such notice on the opposite party, at least eight days previous to the day appointed for the examination of the witnesses, &c. delivering to him at the same time, copies of the interrogatories in-tended to be administered to them by the opposite party, and also of all affidavits already filed, which may be required to be confirmed upon oath.—But such T i p -s l a h -shall not be at liberty to di-scover to the partie-s, the name-s of the witne-s-se-s to be subpoena'd.
Art. 74. The affidavits, interrogatories, &c-. &c. shall be delivered to the com=
smssicmers, on the day appointed, together with a list containing the names and years of age of the respective witnesses, who m a y b e required to testify thereto, and they shall be examined before the commissioners separately, one at a time,
Art 75. T h e commission shall examine and take the depositions of such
wit-»esses in the manner directed by the commission; and where personal inspection, or demonstration in loco may be required, the same shall be done as already men-tioned, in the preceding articles with reference to those matters.
Art. 78. If the witnesses should happen tó reside in any place or district with-out the jurisdiction Of the Court, where the cause is depending, it shall be com-petent for the party interested, to apply to the Court for a letter of request, to the J u d g e , or other proper officer of such place or district, to examine them ora oath, and to return their original depositions in writing to the Court.
Art. 77. Upon the granting of such letter of request, notice shall be given to the opposite party, who shall be furnished at the same time, with copies of the interrogatories intended to be administered to such witnesses, as directed in
ar-%t'3
tlcîes 6th and 7th, at least eight days previous to the time appointed by the Court 'or exhibiting his cross interrogatories, which will not he afterwards received OS emitted ; and the letter shall in that casé be transmitted without them.
Art. 78. On the expiration of the aforesaid term of six weeks, or other period Ranted by the Court, 'for the parties to prepare their several proofs, &c. they '"all on the first Court day after, reciprocally deliver in all papers and
documen-iry evidence intended to be made use of by them, accompanied with a particular
c"edule thereof, at the same time waiving the production of any further Proofs, on either side; and they shall be also at liberty to move for publication
0 Pass, of any depositions already taken on commission ; and also that a time be Ppointed, against the next Court day, for the preferment of any objections hereto.
Art. 79. On which last mentioned day, each party shall mutually furnish his actions against the Witnesses of the opposite party, to him, and the following
°urt day shall be allowed to the latter for delivering into the Court his j ü s t i
-^ation thereof, by way of refutation of such objections.
Art, 80. W h i c h paper of justification shall accordingly at the time appointed,
e furnished to the Court by the party interested, b u t without being
communi-ated to the adverse party. Both the contending parties shall thereupon mutu»
Uli v admit the pleadings to be completed, and they shall on the next C ü urt day deliver and interchange, at the bar of the Court, their respec»
've schedules and inventories, and pray the Court for judgment on the action.
Art. 8 1 . Besides the above exceptions and justification, no other exhibits or
Ptoofs will be admitted, after the parties have mutually given in their renuncia-'°n or waiver of further evidence, save and except one Memoir or statement on
ach side, containing the points of law arising on the c a s e ; which Memoir of bernent must be also included in the before-mentioned inventory or schedule.
Art, 82 It is to be observed, that the afore-mentioned paper of exceptions, shall
o t be allowed to contain any other matter, than what may tend in substance, as ejections either to the competency of the Witnesses of the one party, or the
arj-'ssibility of their evidence. So also, the paper of justification of the other party,
ftall not be permitted to contain any thing more, than a refutation of the objec-t s so alledged, and jusobjec-tificaobjec-tion or qualificaobjec-tion of objec-the Wiobjec-tnesses, wiobjec-thouobjec-t any
e>v facts or matter, affecting the merits of the case.
Art. 83. As all delays after the hearing and examination of Witnesses, are of Peremptory nature ; if the party to whom it is granted abuse the same^.
or make default, h e shall Be absolutely debarred of the benefit thereof or an/:
• means of defence, for which the same may have been 'originally allowed to him.
Art. 84. The parties having agreed upon, and fixed the day for delivering i*
their finaljnventories or schedules .as above;—in case of neglect of the one or tb«
other so to do, the Attorney'of the party guilty thereof, shall be liable to forfeit one Rix-do'Iar for the use of the poor (Lazaretto,) when another day shall b«
granted ; and if the same be not then produced, he shall be liable to forfeit tW°
Kix-dollars, and an'-inventory shall be thereupon ordered bv the Court to b e r n a i out at his costs, by a sworn Cierk of the Court, for which purpose, the Attorney shall be required within 24 hours, to deliver into the office of the Register, all the, papers and vouchers relating to\the cause already collected ; on pain, that such of them as may be Wanting, shall be procured, at his further costs, and he shall be
•"moreover liable'to'pay .a fine of three Rix-doilars, for the use above-mentioned.
Art, 85. The different documents mentioned in the schedules or inventories shall be referible, and made to apply to the articles and counts set forth in the
Venu en Court and pleadings, without bringing more than one paper under one letter, although distinguished by numbers, except in cases where several docU'
ménts are required, to prove one and the same fact.
»lei,
^em
Of'Interlocutory Petitions, (Sc. for Relief against formal Errors, IrreguU'
I
rities of Proceeding, &c.
Art. 86. W h e n any irregularities, omissions, or neglects occur, in the course of the conduct of a suit, or in the execution of judicial acts ;—such as where a T i p
-•staff has irregularly, or not duly, executed a summons or other writ, issued to him,—defects or omissions in the original writ, declaration or action, as where a party sues for too small, or for a larger sum than really due,—irregu*
làrity in the stating or arrangement of the proofs and evidence, bringing forward new matter after the close of the examinations, not put in i sue by, or stated on the face of the pleadi: gs ;—and in general, where delays occur in any case beyond the >
• .
regulär time allowed by law, and on the occasion of such like fatalities, the par-ties prejudiced thereby, may prefer a petition or Civil request to the Court, to he permitted to amend the pleadings, and rectify such errors, omissions, &c. and » to be exonerated from the legal effects and consequences thereof.
Art. 87. Such a petition or application will not be necessary, if the Plaintiff*
before the filing of the Defendant's plea or answer, withdraws his suit, and
•eaters a new action, under the proper amendments and amplifications ; nor i»
Use bo