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The Pamphlet Collection of Sir Robert Stout: Volume 69

Procedure at Hearing

Procedure at Hearing.

44. If more than one application is received for the investigation of title to land it shall be in the discretion of the Court to decide which of the applicants shall be regarded as claimant for the purpose of conducting the case.

45. Upon any investigation of title to land, the claimant; shall first proceed to establish a primâ facie case without cross-examination by any counterclaimant or objector. If a primâ facie case be established to the satisfaction of the Court, the counter claimant or objector shall then proceed with his case. If there are more than one counter claimant or objector, or party of counterclaimants or objectors, the Court shall decide the order in which their several cases shall be taken. The case of each counterclaimant or objector being closed, the claimant shall proceed with his case. Each counterclaimant shall then be entitled to address the Court in the prescribed order, and the claimant shall be entitled to reply.

46. The Court may, if it think fit, at any stage of the proceedings require each or any conductor for the parties before it to hand in a list in writing of the names of all persons who claim to be interested in the land or any part thereof in respect of the interest he represents.

47. The order of procedure in other matters shall be in a the discretion of the Court.

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48. If the Court refuse to decide upon any application, a minute, stating shortly the grounds of such refusal, and signed by the presiding Judge, shall be sufficient.

49. A minute shall be placed on every plan or other paper produced before the Court, and used as evidence, stating by whom the same was produced, and the date of its production. Such minute shall be signed by the presiding Judge.

50. No person shall be allowed to copy any plan produced in evidence in any proceeding without the leave of the presiding Judge being first obtained.