RULES AND REGULATIONS FOR THE CIRCUIT COURTS OF THE REPUBLIC OF LIBERIA EDITED BY JAMES A. TOLIVER CHIEF JUSTICE OF LIBERIA. July 1912.
JUDICIARY DEPARTMENT SUPREME COURT OF THE REPUBLIC OF LIBERIA Chief Justice’s Chambers, Monrovia, Liberia, July 1912.
To the Judges of the several Circuit Courts, of the Republic of Liberia:
There has been a long standing need of a practice in the several Courts of the Republic, and the object of the present rules is to supply this need. Of course rules and orders of the court should be controlled by the Court, but a definite and comprehensive code of criminal and civil proceeding should be regulated by Legislative sanction. This I shall endeavour to have accomplished.
JAMES A. TOLIVER,
Chief Justice Republic of Liberia.
Index to Rules.
Rule Page
Adjournment of court……………………………………………….. III…………. 5
Argument of Plaintiffs and Defendants……………………… X…………..7
time allowed for………… XI…………. 7
Attorneys, admission of…………………………………. XXXIV…………..11
change of ……………………………….. XXXVII…………..12
examination of…………………………. XXXIV…………. 11
not to disclose matters (leliveied to
them in professional confiidcnce… .XXVI………….10
only one, to be allowed to question
witnesses……………………………………………. XX………… . .9
no more than two, to be permitted to
address the Jury……… ………………………. XI……………. 7
when disbarred,…………………………. XXXIII…………. 11
when permitted to give evideuce… .XXVI……….. 10
Bail, no officer of court to be……………………….. XXV………….10
no attorney or counsellor to give recog
nizance in case in which he is em
ployed………………………………….. XXV……………10
Bailiffs………………………………………………………………………..V…………. 6
Bond, when returned……………………………………. XXIII……………10
Chambers, Session regular days for holding. .. .XXIX……. 10
records of, to be enter in record-
book ……………………………………………….. XXX……………Il
to be read daily…………………………….. XXX……………II
where held…………………………………….. XXIX………….. 10
Clerk duties of … ……………………………………… XXVII……………10
fees of ………………………………………. XXVII……………10
to be govern by written directions
of Plaintiff…………………………………… XXXII…….. ..11
to enter record in record-book………. XXX……………. u
Constables summary proceedingss against……….. XXXV…………. II
Counselors (See Attorneys)
Court, adjournment of………… Ill………….. 5
meeting of… …………………………………….. Ill………….. 5
recess of…………………………………………….. Ill…………. 5
Defendant, reply of, to Plaintiff’s argument X…………… 7
Docket, matters to be entered on ordinary.. XXVIII……….. ..10
wliat causes to be transferred to trial,XXVIII …. 10
Evidence, how elicited…. ………………………………. XX……………. 9
Exceptions to charge, when taken……. . …… XII………….. 7
)
Rule Page
a! OIatV
……………………… …………
XXVII..
……..J0
of ministerial officer……………………. .XXVII.. …….. 10
nf w i t ii
…………… ……………….. . .XVIII…………..9
.XXVII . .
. … IO
.XXIV..
. . 10
…….. IV. ………… 5
When discharged…………………………..
.XXIII.
. . to
Indemnity Bond to be given bv irresponsible or
alien Plaintiff……………………… .
. . XVI.
Indictment how presented………………………………… XXXVI. …………12
Judge to dispose of question of law before
regular meeting of court………………………H…………… *
Notice of sickness or other in ability
of. to be given to Chief Justice.. I………….. 5
Legal Representatives, substitution of…………………..XIV……………
Magistrate, summary proce’ding against…………….XXXV……………11
Ministerial officer, fees of…………………………………. XXVII……………..10
Motion, service of notice of……………………………………..Xv……………. ”
Notice, in summary proceedings………………………….XXXV,…
Party, death of a……………………………………………………….XIV
opening argument of a………………………IX-X…
Petit Jury emp.uiiielling of………………………………. XIII…
Plaintiffs opening arennient of………………………………….. X…
win n an irresponsible person or an alien…….. XVI,.
Postponement, when allowed……….
…………………..XVII..
Prociedings, after retirement of Grand Jury…………VI ..
at call of docket…………………………………. VII…
of court after sitting of Judge……………… IV..
1 lOlessioual confidence, Attorneys and Counsellors
not to disclose matters of……………… XXVI…
Questions, irrelevant, proceednre in case Ot……………. XX.
It
8
7
7
• 7
.8
•9
. b
in
. 9
(
only one Attorney or Counsellor allowed
to question a witness……………………………. XX…. ••• 9
Records
to be entered in record book …………….. XXX……………. 11
to be read daily ………………………………. XXX…………….11
Return, day Clerk to obey written diiections
of Plaintiff with reference to………XXXII …………… 13
Sheriff to
serve and return processes……………… XXXII…………… 11
Trtgl calendar, Clerk to make and furnish
Judge, a copy of . . ., ………………… XXVIII……………
A ilitesses before Grand Jury, how summoned .. …. ………………….
fees <>f……………………………………………………XVIII……………. 9
to be summoned…………………………………. XVII……………..9
rit, toss of how supplied………………….. XXXVIII…………….13
Written direction ( See return day ).
Rules and Regulations
For the Circuit Courts
of the Republic of
Liberia.
I.
The Circuit Courts shall meet regularly according to
Law and the Judges assigned shall be in prompt
attendance, unless prevented by sickness or such other
inability over which they have no control; in such
cases they shall give timely notice to the Chief Justice.
II.
Before the day for the regular meeting of the Court,
the Judge assigned shall dispose of questions of Law
laid in the several written pleadings and use due
diligence to expedite the business of the Court.
I I I
On the first day of the court in the regular ses
sion and on Saturdays, the court shall meet at 10
o’clock a m , on all other days the court shall meet
at 8 o’clock a. in The recess and adjouruaient of the
court shall always be in the discretion of the Pre
siding Judge.
IV.
Upon sitting the Sheiiff shall give the usual noti
fication at the door of the court room, and call the
Venire of Grand and Petit Jurois and in case a full
panel is not returned, the Clerk shall forthwith issue
i supplementary writ to supply the deficiency After
the opening of the court, the Court may in its dis
cretion select some Minister of the Gospel to con
duct prayer; this must be done on the first day’s
session and may be done on other days if the Pre-
siding Judge so desire.
V.
There shall not be more than six Bailifs of the court unless specially required by an order by the Presiding Judge. They shall be qualified immediately after the call of the Venire; after which the Court shall name one of the members of the Grand Jury to serve as Foreman who shall be sworn as such and the others in regular order. After the Grand Jurors are qualified, the Court shall then deliver its charge to them, and they shall immediately after retire to their room for deliberation.
VI.
Immediately after the retirement of the Grand Jury the Court shall order the Clerk to call the trial Docket. Criminal cases taking precedence, each case shall be taken up and disposed of as called, at the call of any criminal case. should the County Attorney not be ready in consequence of the absence of witnesses to attend, it is in the discretion of the Court to order same placed at the foot of the Criminal Docket to be taken up and disposed of without delay, after the cases preceeding it have been disposed of.
VII.
At the call of the civil Docket should the parties in any case not be ready for a hearing, said case shall be passed and placed at the foot of the Docket, until it shall again be reached in the course of dispatch of business during the particular term for which it was docketed. No case however shall be continued beyond the term for which it is filed and set down for trial, except upon a proper motion for continuance, provided however, that should the business of the court be such that a particular case is not reached during the session, the Court shall in all such cases upon application grant continuance. In case no motion is filed for continuance, the cause shall be stricken from the docket.
VIII.
Notice of all Motions filed shall be given to the
other party at least four hours before they are called for hearing or the motion shall not be entertain by the Court upon objections properly taken by opposing party.
IX.
Each party to a suit shall be entitled upon the introduction of his witnesses, to make an opening statement to the Jury, which statement shall be limited to outlining the theory upon which the case is brought, and the character of the evidence to be adduced in support of said theory. After the evidence of Plaintiff is submitted, the Defendant shall proceed to introduce his or their witnesses in accordance with this rule, after which the Defendant shall proceed to lay his cause before the Jury and the Plaintiff shall close the arguments.
X.
The Plaintiff in the opening argument shall go into the whole case and shall not reserve nor waive opening. The Defendant may then reply to the argument of Plaintiff, and submit his arguments upon the merits of the case.
XI.
No more than two Counselors or Attorneys on either side shall address the Jury. The time allowed for argument shall be in the discretion of the Judge Presiding but this discretion shall in no case be so exercised as to hamper either party in making a full and sufficient statement of his or their defence.
XII.
Upon the conclusion of the arguments either party may request the Court to charge the Jury upon any specific proposition based upon Law and evidence and to reduce its opinion and charge to writing; and this request must be made before the court proceeds to address the Jury. All exceptions to the charges must be taken before the Jury retires, and failure to do so will be deemed a waiver of right to except.
XIII.
Immediately upon the empaneling of the Petit Jury
the Court shall appoint a Foreman, who after their conclusions are reached shall deliver orally their verdict in court. The following proceedure shall substantially be followed; upon the return of the jury, the Clerk shall inquire: (“Gentlemen of the jury, have you agreed upon your verdict? if they have agreed, the jury will answer (we have,) do you find that the Plaintiff in the action is entitled to recover or not?) then the Foreman shall give the finding. The clerk shall inquire so say ye all?) the Jury shall reply (so say we all.) Whereupon the Court shall order the Clerk to record the verdict and discharge the jury: in case the jury shall not be agreed they may lay the difficulty before the Court who shall give them instructions on the point or points; should they thereafter disagree, the Court may discharge them and award a new trial.
XIV.
During the process of any civil suit should one of the parties die before the conclusion, his legal representative shall be substituted, and the cause proceed; this substitution shall only be permitted on a written motion addressed to the Court and the usual notice to the opposite party.
XV.
All motions herein required to be served shall be served by one Counsellor or Attorney on another without the intervention of the Sheriff. The Counsellor or Attorney upon whom the notice is served shall be required to acknowledge such service by receipt under his hand or that of his Clerk, acknowledging the receipt of the motion, and the day and hour received. In case such receipt is refused the Court upon the facts of the service being proved shall consider said service to have been made.
XVI.
When the Plaintiff in a suit pending shall be deemed an irresponsible person, or an alien who may leave the Republic at any time, such irresponsibility being outlined in the written pleadings of the Defendant, said Plaintiff shall be required by the Court to give an identity bond to the Defendant to cover costs.
XVIII.
Witnesses for either side must be duly summoned before the case is ready for hearing (except in criminal cases when any bystander who has a knowledge of the matter at issue may be required to testify), and no postponement of the hearing will be allowed, unless it be shown that proper and due diligence had been employed to secure attendance of the witness or witnesses.
XVIII.
No witness will be allowed to demand his fees, after coming to the stand. This must be settled before or after he or they depose.
XIX.
No Counsellor or Attorney shall demand as a matter of right to be heard in argument upon objections to improper questions; same shall simply be referred to the Court for its decision.
XX.
All evidence must be elicited by questions which must be stated and answered concisely and clearly. The Court shall have the right to prohibit irrelevant questions, even if no objections is made thereto by the other party. Only one Counsellor or Attorney on each side shall be allowed to question or examine witnesses.
XXI.
All witnesses summoned to depose before the Grand Jury shall be sworn in open court before attending upon the Grand Jury.
XXII.
In cases where the party presented or indicted has not been arrested, process shall immediately be placed in the hands of the Sheriff for execution. The Grand Jury after inquiring for the body of the County, and concluding their investigations upon the several matters that may be submitted to them, shall make same known to the Court and be discharged.
XXIII.
All bills ignored by the Grand Jury shall be announced at the door by the Sheriff, and the party discharged if in the custody of the Sheriff; if under bond said bond to be returned.
XXIV.
On the last day of the trial term should there be persons in prison charged with the commission of some crime, who are not indicted by the Grand Jury, the court may (in its discretion) grant a general goal delivery.
XXV.
No officer of the court shall be bail or surety in any matter pending before the court; nor shall any Counsellor or Attorney give recognizance in any matter, civil or criminal, in which he is employed.
XXVI.
Counsellors and Attorneys are permitted to give evidence in all cases except such matters as have been delivered, to them by Clients in professional certificates.
XXVII.
All fees payable to the Ministerial Officer or Clerk of the court shall be paid before restitution of service.
XXVIII
The Clerk shall enter upon ordinary docket of the court all matters filed in his office, and whenever the pleadings are concluded, and issue joined in any suit, he shall notify the Judge thereof, who shall assign a day for hearing all cases not dismissed upon question of law; all cases which are proper to be tried by Jury shall be transferred to the trial docket. The Clerk of the Court shall give days before the meeting of the trial Session, make out the trial calendar and finish the Judge a copy thereof.
XXIX.
The regular days for holding Chambers Session in
each circuit, shall be Tuesdays, Wednesdays and Thursdays (except during the trial session) but the Judge may in his discretion hold sessions on any other day; said sessions to be held only in the court room provided by the government.
XXX.
The Clerk shall in a clear and legible manner enter the records of the court in the record book; the same shall be read daily for correction and approval as also the records of Chambers Session which latter the Judge shall correct and approve.
XXXI.
Whenever the Clerk is prepared to make up the records in any case, he shall notify Counsel for both parties to be present at the taxing.
All disputes shall be settled by the Presiding Judge.
XXXII.
It shall be the duty of the Sheriff to serve and return all processes on the day therein specified, with statement endorsed thereon as to the service. The Clerk shall be governed by the written directions of the Plaintiff in specifying the return days.
XXXIII.
Any Attornev who shall be addicted to such un- gentlemanly conduct as rioting, and drunkenness, and who has been convicted of crime; shall be disbarred upon application made to the Court by the Bar, all such ceasures must be clearly proven.
XXXIV.
No person shall be admitted to practice at the Bar of this court unless he passes a satisfactory examination in a knowledge of the Statute laws of the Republic and the principles of the common law, criminal. civil, equity, admiralty and probate practice.
XXXV.
In summary proceedings begun against any Justice of the Peace, Constable or Magistrate, complaint must
be filed in the office of the Clerk of the Court by the aggrieved party and notice served on the party com- plained against; the Judge will assign a day for the hearing of such complaint.
XXXVI.
Wien Presentations are made and Indictments found upon them, the Grand Jury shall present same in open court in a body and not otherwise; on their arrival in the court the Sheriff shall announce same, and the Clerk shall make a query as to whether they have Presentations or Indictments.
XXXVII.
If after the commencement of an action, either the Plaintiff or Defendant desires to change his Counsel or Attorney, he must file in the Clerk’s Office a notice of such change, and serve a copy thereof on the opposite party.
XXXVIII.
Where a writ (the production of which is necessary) is lost, the Court upon being satisfied of the loss, and of the correctness of a copy thereof, may order that such copy shall be sealed, and served in lieu of the original writ.
FOR THE CIRCUIT COURTS OF THE REPUBLIC OF LIBERIA EDITED BY JAMES A. TOLIVER CHIEF JUSTICE OF LIBERIA. July 1912.
JUDICIARY DEPARTMEN! SUPREME COURT OF THE REPUBLIC OF LIBERIA Chief Justice’s Chambers, Monrovia, Liberia, July 1912.
To the Judges of the several Circuit Courts, of the Republic of Liberia:
There has been a long standing need of a practice in the several Courts of the Republic, and the object of the present rules is to supply this need. Of course rules and orders of the court should be controlled by the Court, but a definite and comprehensive code of criminal and civil proceeding should be regulated by Legislative sanction. This I shall endeavour to have accomplished.
JAMES A. TOLIVER, Chief Justice Republic of Liberia.
Index to Rules.
RULER PAGE
Adjournment of court. III.
Argument of Plaintiffs and Defendants. X.
time allowed for. XI.
Attorneys, admission of. XXXIV.
change of. XXXVII.
examination of. XXXIV.
not to disclose matters delivered to them in professional confidence. XXVI.
only on, to be allowed to question witnesses. XX.
no more than two, to be permitted to address the Jury. XI.
when disbarred. XXXIII.
when permitted to give evidence. XXVI.
Bail, no officer of court to be. XXV.
no attorney or counsellor to give recognition in case in which he is employed. XXV.
Bailiffs. V.
Bond, when returned. XXIII.
Chambers, Session regular days for holding. XXIX.
records of, to be enter in record. book. XXX.
to be read daily. XXX.
where held. XXIX.
Clerk duties of. XXVII.
fees of. XXVII.
to be govern by written directions of Plaintiff. XXXII.
to enter record in record-book. XXX.
Constables summary proceedings against. XXXV.
Counselors (See Attorneys)
Court, adjournment of. III.
meeting of. III.
recess of. III.
Defendant, reply of, to Plaintiff’s argument. XX.
Docket, matters to be entered on ordinary. XXVIII.
what causes to be transferred to trial, XXVIII.
Evidence, how elicited. XX.
Reception to charge, when taken. XI.
Feel ef Clerk.;…………. …..
of miuiiterial ofifi-
of witnesses…….
when paid………
Goal delivery ;when granted.
Grind Jury……… . …………….. .
When discharged.
alien Plaintiff.,…………………. .
Indictment how presented………………..
Judge to dispose of question of law before
regular meeting of court….. ….
RULM
Bags
XXVII.. ;id
.XXVII.. ……. 10
.XVIII.. ………9
.XXVII.. ….*.10
…XXIV..
. .10
….IV.. …….. 5
..XXIII..
..10
or
…….XVI..
8
XXXVI. ………..li
……. II. ……. f
ability
………….I. ……. 5
XIV
8
. , . a , AA ’ •
.XXXV.
…it
.. xxvii.
……….
……….XV.
…. 8
of, to be given to Chief Justice
Legal Representatives, substitution of…
T
…./….XXXV……….1’
8
7
7
• 7
.8
•9
6
6
5
a .
.to
.. 9
.. 9
,.tf
.it
.if
.11
Ministerial officer, fees of. …….. ..
Motion, service of notice of……
Notice, in summary proceedings….
Party, death of a………………………………………. XIV
opening argument of a………….-IX-X..
Petit Jury enip.innelling of ,
…….. . XIII..
Plaintiffs opening argument of….. . …..-‘i •
X-.-i
when an irresponsible person or an alien…… XVI.
Postponement, wheat allowed../…. ……….. .XVII… •■ ■ • ••9
Proceedings, after retirement of Grand Jury………..VI •
at call of docket…,….’…………..’….VIT..
of court after sitting of Judge.,………….IV.
Professional confidence, Attorneys mad Counsellor!
not to disclose matters of……………XXVI..
Questions, irrelevant, proceedure in efise 01……………XX……….
only one Attorney or Counsellor allowed
to question a witness.,. ………… XX…. • •
Records to be entered in record book …………..XXX…/.••
to be read daily … ……………..•. …XXX……….
Return, day Clerk to obey writtefi diiectiofis
of Plaintiff, with reference to……….XXXII………
Sheriff to serve aud return processes…………….XXXII…■
Trial calendar. Clerk to make and furnish
Judge, a copy of. … ……………..XXVIII…….. .
10
Witnesses, before, Grtyid Jury, how summoned…. XXI…………..9
.fees of…………… …………XVIII.. … ………9
to be lumnioned……….. . . …………….XV11…………’9
Writ, iosi of how supplied………………………….XXXVIII13
Written direction ( See return day ).
L’C’ .
i •? ‘
Rules and Regulations
For the Circuit Courts
of the Republic of
Liberia.
I.
The Circuit Courts shall meet regularly according to Law and the Judges assigned shall be in prompt attendance, unless prevented by sickness or such other inability over which they have no control; in such cases they shall give timely notice to the Chief Justice.
II.
Before the day for the regular meeting of the Court, the Judge assigned shall dispose of questions of Law laid in the several written pleadings and use due diligence to expedite the business of the Court.
III.
On the first day of the court in the regular session and on Saturdays, the court shall meet at 10 o’clock a.m. on all other days the court shall meet at 8 o’clock a.m. The recess and adjournment of the court shall always be in the discretion of the Presiding Judge.
IV.
Upon sitting the Sheriff shall give the usual notification at the door of the court room, and call the Venice of Grand and Petit Jurors and in case a full panel is not returned, the Clerk shall forthwith issue a supplementary writ to supply the deficiency. After the opening of the court, the Court may in its discretion select some Minister of the Gospel to conduct prayer; this must be done on the first day’s session and may be done on other days if the Pre-
siding Judge so desire.
V.
There shall not be more than six Bailifs of the court unless specially required by an order by the Presiding Judge. They shall be qualified immediately after the call of the Venice; after which the Court shall name one of the members of the Grand Jury to serve as Foreman who shall be sworn as such and the others in regular order. After the Grand Jurors are qualified, the Court shall then deliver its charge to them, and they shall immediately after retire to their room for deliberation.
VI.
Immediately after the retirement of the Grand Jury the Court shall order the Clerk to call the trial Docket. Criminal cases taking precedence, each case shall be taken up and disposed of as called, at the call of any criminal case. should the County Attorney not be ready in consequence of the absence of witnesses to attend, it is in the discretion of the Court to order same placed at the foot of the Criminal Docket to be taken up and disposed of without delay, after the cases preceeding it have been disposed of.
VII.
At the call of the civil Docket should the parties in any case not be ready for a hearing, said case shall be passed and placed at the foot of the Docket, until it shall again be reached in the course of dispatch of business during the particular term for which it was docketed. No case however shall be continued beyond the term for which it is filed and set down for trial, except upon a proper motion for continuance, provided however, that, should the business of the court be such that a particular case is not reached during the session, the Court shall in all such cases upon application grant continuance. In case no motion is filed for continuance, the cause shall be stricken from the docket.
other party at least four hours before they are called for hearing or the motion shall not be entertain by the Court upon objections properly taken by opposing party. IX. Each party to a suit shall be entitled upon the introduction of his witness, to make an opening statement to the Jury, which statement shall be limited to outlining the theory upon which the case is brought, and the character of the evidence to be adduced in support of said theory. After the evidence of Plaintiff is submitted, the Defendant shall proceed to introduce his or their witnesses in accordance with this rule, after which the Defendant shall proceed to lay his cause before the Jury and the Plaintiff shall close the arguments. X. The Plaintiff in the opening argument shall go into the whole case and shall not reserve nor waive opening. The Defendant may then reply to the argument of Plaintiff, and submit his arguments upon the merits of the case. XI. No more than two Counsellors or Attorneys on either side shall address the Jury. The time allowed for argument shall be in the discretion of the Judge Presiding but this discretion shall in no case be so exercised as to hamper either party in making a full and sufficient statement of his or their defence. XII. Upon the conclusion of the arguments either party may request the Court to charge the Jury upon any specific proposition based upon Law and evidence and to reduce its opinion and charge to writing; and this request must be made before the court proceeds to address the Jury. All exceptions to the charges must be taken before the Jury retires, and failure to do so will be deemed a waiver of right to except. XIII. Immediately upon the empanelning of the Petit Jury
the Court shall appoint a Foreman, who after their conclusions are reached shall deliver orally their verdict in court. The following procedure shall substantially be followed; upon the return of the jury, the Clerk shall inquire: (“Gentlemen of the jury, have you agreed upon your verdict? if they have agreed, the jury will answer (we have,) do you find that the Plaintiff in the action is entitled to recover or not?) then the Foreman shall give the finding. The clerk shall inquire so say ye all?) the Jury shall reply (so say we all.) Whereupon the Court shall order the Clerk to record the verdict and discharge the jury: in case the jury shall not be agreed they may lay the difficulty before the Court who shall give them instructions on the point or points; should they thereafter disagree, the Court may discharge them and award a new trial.
XIV.
During the process of any civil suit should one of the parties die before the conclusion, his legal representative shall be substituted, and the cause proceed; this substitution shall only be permitted on a written motion addressed to the Court and the usual notice to the opposite party.
XV.
All motions herein required to be served shall be served by one Counsellor or Attorney on another without the intervention of the Sheriff. The Counsellor or Attorney upon whom the notice is served shall be required to acknowledge such service by receipt under his hand or that of his Clerk, acknowledging the receipt of the motion, and the day and hour received. In case such receipt is refused the Court upon the facts of the service being proved shall consider said service to have been made.
XVI.
Whenver the Plaintiff in a suit pending shall be deemed an irresponsible person, or an alien who may leave the Republic at any time, such irresponsibility being outlined in the written pleadings of the Defendant, said Plaintiff shall be required by the Court to give an indemnity bond to the Defendant to cover costs.
f’«5
S»”
j-‘
Side must be duly statin tubbed
. for hearing (except in feritai-
bystander who has a knowledge
of the matter at issue may be required to testify)j
and no postponement of the hearing will be allowed,
it be shown that proper and due diligence had
employed to secure attendance of the witness
fitnesses.
XVIII.
No witness will be allowed to demand his fees,
after coming to the stand. This must be settled be
fore or after he or they depose.
4P,
’ y .
XIX.
J
No Counsellor or Attorney shall demand as a matter
of right to be heard in argument upon objections to
improper questions; same shall simply be referred to
t|he Court for its decision.
. <w
XX.
All evidence must be elicted by questions which
must be stated and answered concisely and clearly.
The Court shall have the right to prohibit irrelevant
questions, even if no objections is made thereto by
the other party. Only cne Counsellor or Attoiney on
each side shall be allowed to question or examine
witnesses.
XXI.
All witnesses summond to depose before the Grand
Jury shall be sworn in open court before attending
upon the Grand Jury.
‘
XXII.
i.
Incases where the party presented or indicted has
ndt been arrested, process shall immediately be placed
in the hands of the SherifLfor execution. The Grand Ju
ry after inquiring for the body of the County, and con
cluding their investigations upon the several matters
that may be submitted to them, shall make same
known to the Court and be discharged.
XXIII.
All bills ignored by the Grand Jury shall be announced at the door by the Sheriff, and the party discharged if in the custody of the Sheriff; if under bond said bond to be returned.
XXIV.
On the last day of the trial term should there be persons in prison charged with the commission of some crime, who are not indicted by the Grand Jury, the court may (in its discretion) grant a general goal delivery.
XXV.
No officer of the court shall be bail or surety in any matter pending before the court; nor shall any Counsellor or Attorney give recognizance in any matter, civil or criminal, in which he is employed.
XXVI.
Counsellors and Attorneys are permitted to give evidence in all cases except such matters as have been delivered, to them by Clients in professional credentials.
XXVII.
All fees payable to the Ministerial Officer or Clerk of the court shall be paid before rendition of service.
XXVIII.
The Clerk shall enter upon ordinary docket of the court all matters filed in his office, and whenever the pleadings are concluded, and issue joined in any suit, he shall notify the Judge thereof, who shall assign a day for hearing all cases not dismissed upon question of law; all cases which are proper to be tried by Jury shall be transferred to the trial docket. The Clerk of the Court shall give days before the meeting of the trial Session, make out the trial calendar and finish the Judge a copy thereof.
XXIX.
The regular days for holding Chambers Session in
each circuit, shall be Tuesdays, Wednesdays and Thursdays (except during the trial session) but the Judge may in his discretion hold sessions on any other day, said sessions to be held only in the court room provided by the government.
XXX.
The Clerk shall in a clear and legible manner enter the records of the court in the record book; the same shall be read daily for correction and approval as also the records of Chambers Session which latter the Judge shall correct and approve.
XXXI.
Whenever the Clerk is prepared to make up the records in any case, he shall notify Counsel for both parties to be present at the taxing.
All disputes shall be settled by the Presiding Judge.
XXXII.
It shall be the duty of the Sheriff to serve and return all processes on the day therein specified, with statement endorsed thereon as to the service. The Clerk shall be governed by the written directions of the Plaintiff in specifying the return days.
XXXIII.
Any Attorney who shall be addicted to such ungentlemanly conduct as rioting, and drunkenness, and who has been convicted of crime; shall be disbarred upon application made to the Court by the Bar, all such censures must be clearly proven.
XXXIV.
No person shall be admitted to practice at the Bar of this court unless he passes a satisfactory examination in a knowledge of the Statute laws of the Republic and the principles of the common law, criminal, civil, equity, admiralty and probate practice.
XXXV.
In summary proceedings begun against any Justice of the Peace, Constable or Magistrate, complaint must
be filed in the office of the Clerk of the Court by the aggrieved party and notice served on the party com- plained against; the Judge will assign a day for the hearing of such complaint.
XXXVI.
Wien Presentations are made and Indictments found upon them, the Grand Jury shall present same in open court in a body and not otherwise; on their arrival in the court the Sheriff shall announce same, and the Clerk shall make a query as to whether they have Presumptions or Indictments.
XXXVII.
If after the commencement of an action, either the Plaintiff or Defendant desires to change his Counsel or Attorney, he must file in the Clerk’s Office a notice of such change, and serve a copy thereof on the opposite party.
XXXVIII.
Where a writ (the production of which is necessary) is lost, the Court upon being satisfied of the loss, and of the correctness of a copy thereof, may order that such copy shall be sealed, and served in lieu of the original writ.