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82
THE HONGKONG GOVERNMENT GAZETTE, 31ST MARCH, 1860.
Mode of taking Evi-
Matters.
XIV. Subject to the Regulations established or to be established by such Rules dence in Contentious and Orders as aforesaid, the Witnesses and where necessary the Parties, in all conten- tious Matters where their attendance can be had, shall be examined orally by or before the Judge in open Court: Provided always, that, subject to any such Regulations as aforesaid the Parties shall be at Liberty to verify their respective Cases, in whole or in part, by Affidavit, but so that the Deponent in every such Affidavit shall, on the appli- cation of the opposite party be subject to be Cross-examined by or on behalf of suel opposite Party orally in open Court, as aforesaid, and after such Cross-examination may be re-examined orally in open Court as aforesaid by or on behalf of the Party by whom such Affidavit was filed.
Court may issue Commissions or give
broad or who are un-
XV. Provided, that there a Witness in any such Matter is out of the Jurisdiction orders for Examina- of the Court, or where, by reason of his Illness or otherwise, the Court shall not think tion of witnesses a- fit to enforce the Attendance of the Witness in open Court, it shall be lawful for the able to attend. Court to order a Commission to issue for the Examination of such Witness on Oath, upon Interrogatories or otherwise, or if the Witness be within the Jurisdiction of the Court, to order the Examination of such Witness on Oath upon Interrogatories or other- wise, before any Officer of the said Court, or other Person to be named in such Order for the Purpose and all the Powers given to the Courts of Law at Westminster by the Acts 13th Geo. III. Cap. 63, and 1st Will. IV. Cap. 22, for enabling the Courts of Law at Westminster to issue Commissions and give Orders for the examination of Witnesses in Actions depending in such Courts, and to enforce such Examination and all the Provisions of the said Acts, and of any other Acts for enforcing or otherwise applicable to such Examination and the Witnesses examined, shall extend and be appli- cable to the said Court in its Probate Jurisdiction and to the Examination of Witnesses under the Commissions and Orders of the said Court, and to the Witnesses examined, as if such Court were One of the Courts of Law at Westminster, and the Matter before it were an Action pending in such Courts.
Rules of Evidence to be observed as 'at common Law,
XVI. The Rules of Evidence observed in the Supreme Court in its Common Law Jurisdiction shall be applicable to and observed in the Trial of all Questions of Fact in the said Court in its Probate Jurisdiction.
Court may cause XVII. It shall be lawful for the said Court to cause any Question of Fact arising Questions of Fact 10 in any Suit or Proceeding under this Ordinance to be tried by a Special or Common be tried by a Jury. Jury upomthe application of any Party or Parties to the Proceeding made in that be-
Powers of the Court
tions by Jury.
•
half.
XVIII. When the Court shall order a Question of Fact to be tried by a for the Trial of Ques- Jury, the Court may make all such Rules and Orders upon the Sheriff or any other Person for procuring the Attendance of a Special or Common Jury for the Trial of such Question as may now be made by the Supreme Court in its Common Law Jurisdiction, and may also make any other Orders which to such Court may seem requisite: And overy such Jury shall consist of Persons possessing the Qualifications, and shall be struck summoned, ballotted for, and called in like manner as if such Jury were a Jury for the Trial of any cause in the said Supreme Court in its Common Law Jurisdiction; and every Juryman so summoned shall be entitled to the same Rights, and subject to the same Duties and Liabilitics, as if he had been duly summoned for the Trial of any such Cause in the said Supreme Court and every Party to any such Proceeding shall be entitled to the same Rights as to Challenge and otherwise as if he were a Party to any such Cause: And generally for the Purposes of or auxiliary to the Trial of Questions of Fact by a Jury before the Court itself, and in respect of new Trials thereof, and also for the Purposes in relation to or consequential upon the Direction of Issues, the said Court it its Probate Jurisdiction shall have the same Jurisdiction, Powers, and Authority in all respects as belong to the said Supreme Court in its Common Law or Equitable Ju- risdiction for the like Purposes.
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Question to be stated and the Jury sworn ⚫ to try it.
The Judge may sit in Chambers.
XIX. When any such Question shall be so ordered to be tried by a Jury before the Court itself, such Question shall be reduced into Writing in such Form as the Court shall direct, and at the Trial the Jury shall be sworn to try the said Question, and a true Verdict to give thereon according to the Evidence and upon every such Trial the Court shall have the same Powers, Jurisdiction, and Authority as belong to the said Judge of the said Supreme Court sitting at Nisi Prius.
XX. It shall be lawful for the Judge of the said Court for the Time being to sit in Chambers for the dispatch of such Business of the said Court under this Ordinance as can, in the opinion of the said Judge with Advantage to the Suitors, be heard in Cham- bers: And the Times at which such Sittings shall be held shall from Time to Time be
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