ers may re

evidence.

46. The commissioners may require further evidence to Commissionbe given either vivâ voce, or by affidavit, or by deposition quire further taken before a person appointed by them for that purpose. 47. The hearing of the case, when once commenced, Hearing to shall proceed, so far as in the judgment of the commis- day to day. sioners may be practicable and convenient, from day to day.

VIEW.

proceed from

Power of

48. In any case in which, in the opinion of the commis- commissioners sioners, a view is necessary or desirable, it may be had to view. by one or more commissioners as they may direct.

JUDGMENT OF COMMISSIONERS.

commissioners.

49. After hearing the case the commissioners may dis- Judgment of miss the application, or make an order thereon in favour of the defendants, or reserve their decision, or make such other order upon the application as may be warranted by the evidence, and may seem to them just.

50. The commissioners may give their decision in writing, signed by them, and it may be sent or delivered to the respective parties, and it shall not be necessary to hold a court merely for the purpose of giving such decision.

TAXATION OF COSTS.

May be in sent or devered to the

writing and

parties.

taxed.

51. Costs shall be taxed upon the order of the commis- Costs, how sioners under which they are payable, and such costs shall, if required, be taxed by the registrar or such other person as the commissioners may direct.

See Glamorganshire County Council v. Gt. W. Ry. Co. (No. 2), [1895] 1 Q. B. 21; 64 L. J. Q. B. 138; 9 Ry. & C. Traffic Cas. 1; and see Darlaston Local Board v. L. & N. W. Ry. Co., [1894] 2 Q. B. 694; 8 Ry. & C. Traffic Cas. p. 216.

ALTERATION OR RESCISSION OF ORDER.

rescission of orders.

52. Any application to the commissioners to review Alteration or and rescind or vary any decision or order previously made by them, and not being a decision or order upon an interlocutory application, nor under rule 14 of these rules, shall be made within 28 days after the said decision or order shall have been communicated to the parties unless the commissioners think fit to enlarge the time for making such application.

Any application to the commissioners to review and rescind or vary any decision or order previously made by them upon an interlocutory application shall be made within four days after the said decision or order shall have been communicated to the parties, unless the commissioners think fit to enlarge the time for making such application.

S. Doc. 243, 59-1-vol 5-14

Interlocutory applications.

Every application under this rule shall be made by motion; and no such motion shall be made without two clear days' previous notice in writing to the registrar and to the parties affected thereby.

The commissioners will not re-hear a matter merely on the question of costs at the instance of a party who does not ask them to alter their judgment on the merits (Hammans, Foster and others v. Gt. W. Ry. Co., 4 B. & Mac. at p. 189).

Where by inadvertence upon the part of one of the parties or of the commissioners themselves, an order has been made which would have the effect of prejudicing a third party, the commissioners will re-hear the matter under this order (Gt. N. of Scotland Ry. Co. v. Highland Ry. Co., 19th Dec. 1885).

The commissioners refused an application to review a decision given by them a year before (Denaby Colliery Co. v. M. S. & L. Ry. Co. (No. 2), 4 B. & Mac. 23).

INTERLOCUTORY APPLICATIONS.

53. Where not otherwise provided for in these rules, all interlocutory applications shall, unless otherwise specially ordered, be heard by the registrar upon summon duly served, and may be determined in a summary way. Such application may, if the registrar thinks fit, be adjourned, either before or at the time of hearing before him, into court for hearing before the commissioners.

Any person affected by any order or decision of the registrar in any matter involving questions of law may appeal therefrom to the ex officio commissioner, and in any other matter to the commissioners. Such appeal shall be by way of indorsement on the summons by the registrar at the request of any party or by notice in writing to attend before the commissioners without a fresh summons. Such notice shall be given to the registrar and to the opposite party within four days after the decision complained of, or such further time as may be allowed by the registrar or by the ex officio commissioner, or the commissioners.

An appeal from the Registrar's decision shall be no stay of proceedings unless so ordered by the Registrar or by the ex officio Commissioner, or the Commissioners.

Affidavits, how framed.

Before whom sworn.

AFFIDAVITS.

54. Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory proceedings, on which statements as to his belief with the grounds thereof may be admitted. The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter or copies of or extracts from documents shall be paid by the party using or filing the same.

55. Any affidavit used in any proceeding before the commissioners may be sworn as follows:

In the United Kingdom before any of the said commissioners or the registrar, or the officer appointed by the commissioners to administer oaths in proceedings before them (and in these cases without the payment of any fee), or before a person authorised to administer oaths in any of the superior courts, or before a commissioner empowered to take or receive affidavits, or before a justice of the peace for the county or place where it is sworn or made.

In Scotland, in addition to the above-mentioned persons, before any sheriff-depute or his substitute or a justice of the peace.

In any place in the British dominions out of the United Kingdom, before any court, judge, or justice of the peace, or any person authorised to administer oaths there in any

court.

In any place out of the British dominions, before a British minister, consul, or vice-consul.

The commissioners shall take judicial notice of the seal or signature, as the case may be, of any such court, judge, minister, consul, or vice-consul attached, appended, or subscribed to any such affidavit.

Filing of, and giving

56. Affidavits used in any proceedings before the commissioners shall be filed in their office, an doffice copies of office copies of, the same and of other documents filed in their office may and of other be procured by the parties on application to the registrar.

COMPUTATION OF TIME.

documents.

computed.

57. In all cases in which any particular number of Time, how days, not expressed to be clear days, is prescribed by the Railway and Canal Traffic Acts, 1873 and 1888, or by these rules, the same shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day shall happen to fall on a Sunday, Christmas Day, or Good Friday, or a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusively of that day also.

58. The days between Thursday next before and the Wednesday next after Easter Day, and the day appointed to be kept as the Queen's Birthday, and Whit Monday and Whit Tuesday, and Christmas Day, and the three following days, shall not be reckoned or included in any proceedings under the Railway and Canal Traffic Acts, 1873 and 1888.

59. The time between the 12th day of August and the 24th day of October in England and Ireland, and in Scotland between the 20th day of March and the 12th day of May, and between the 20th day of July and the 15th day of October, shall be reckoned in the computation of the times appointed or allowed by these rules for filing, amending, or delivering, unless otherwise ordered.

What days to be excluded.

Pleadings in the vacations.

Registrar's office, when open.

Vacations.

Power of commissioners to adjourn.

Power of commissioners to amend.

Formal objections not to prevail.

Discretion of commissioners in cases not

REGISTRAR'S OFFICE, WHEN OPEN.

60. The registrar's office shall be open daily from 10 o'clock in the forenoon till 4 o'clock in the afternoon, or till such later time as the commissioners may direct, except upon Saturday, when it shall be open from 10 o'clock in the forenoon till 2 o'clock in the afternoon, and except between the 12th day of August and the 24th day of October, when the office is to be opened from 11 o'clock in the forenoon till 1 o'clock in the afternoon.

The office shall be closed on the following days, namely, Good Friday, Easter Eve, Monday and Tuesday in Easter week, Christmas Day and the three following days, and the day appointed to be kept as the Queen's Birthday, and Whit Monday and Whit Tuesday.

SITTINGS OF THE COURT.

61. Every ex officio commissioner shall be entitled to the same vacations as are observed in the superior court of which he is a member. During the periods observed as vacations in the Superior Courts the Lord Chancellor in England, the Lord President of the Court of Sessions in Scotland, and the Lord Chancellor in Ireland, may appoint any judge of a superior court to take the place and perform the whole functions of the ex officio commissioner for these parts of the United Kingdom respectively, in case of the ex officio commissioner being absent or temporarily unable to fulfil his duties.

ADJOURNMENT.

62. The commissioners may from time to time adjourn any proceedings before them.

AMENDMENT.

63. The commissioners may at any stage of the proceedings allow any pleadings to be amended, or may order to be struck out any matters which may tend to prejudice, embarrass, or delay the fair hearing of the case, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

FORMAL OBJECTIONS.

64. No proceedings before the commissioners shall be defeated by any formal objection.

PRACTICE OF SUPERIOR COURTS, WHEN APPLICABLE.

65. The general principles of practice in the superior courts may be adopted and applied at the discretion of the expressly pro- commissioners to proceedings before them.

vided for.

Where, in any complaint or other proceeding before the Commissioners, the defendant has his domicile or prin

cipal place of business or head office in England, such proceedings shall be deemed to be proceedings falling to be dealt with by the ex officio commissioner for England, in so far as he is, by statute or any rule of court, charged with any duty in connexion therewith, and in like manner, where the defendant has his domicile or principal place of business or head office in Scotland or Ireland, the proceedings shall be dealt with by the ex officio commissioners for Scotland and Ireland respectively. Where there are in any proceedings more defendants than one having their domicile or principal place of business or head office in different parts of the United Kingdom, the commissioners shall determine before which of the ex officio commissioners such proceedings shall depend.

Subject to this rule, if any question should arise whether the Superior Court of England, Ireland, or Scotland is the court with reference to which in the particular case the expression "superior court" in any of the said rules is to be understood, the same shall be determined by the commissioners, who shall make such order in that behalf as they shall think right under the circumstances, either with reference to the particular matter under consideration only or with reference to the future conduct of the proceedings in general, or any of them, or with reference to anything that has already been done.

Provided that if any steps or proceedings have been taken under the practice of one superior court, and the commissioners shall think that the practice of any other superior court ought to be applied, they shall make such order as shall, as far as practicable, and as is just under the circumstances, prevent the steps already taken from being rendered nugatory, and any expense already incurred from being thrown away.

ENLARGEMENT OR ABRIDGMENT OF TIME.

Power to enlarge or

66. The commissioners or the registrar, subject to an appeal to the commissioners, may enlarge or abridge the abridge time. time appointed by these rules, or fixed by any order, for doing any act or taking any proceeding upon such terms, if any, as the justice of the case may require, and any such enlargement may be ordered, although the application for the same is not made until after the expiration of the time appointed or allowed.

Enlarging

The time for delivering, amending, or filing any an- time by conswer, reply, or other pleading or document may be en- sent. larged by consent in writing, without application to the commissioners. Such written consent shall be left with the registrar at the time of filing the answer, reply, or other pleading or document.

TRANSMISSION OF DOCUMENTS AND FEES BY POST.

67. Where an applicant does not reside in London, and, Documents, &c. sent by he has no solicitor or agent there, all pleadings and docu- post.