462
Practice of the Court.
Mode of taking evidence in contentious matters.
Court may issue commissions or give orders for examination of witnesses abroad or who are unable to attend.
ORDINANCE No. 8 OF 1860.
Probate and Administration.
that the same shall be impounded and be kept in the custody of some officer of the Court or other proper person for such period and subject to such conditions as to the said Court or person shall seem meet; and every person charged with committing any felony under this Act may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence may be laid and charged to have been committed, and every accessory before or after the fact to any such offence may be dealt with, indicted, tried, and, if convicted, sentenced, and his offence laid and charged to have been committed in the said Colony of Hongkong.
13. The practice of the said Court in its Probate Jurisdiction shall, except where otherwise provided by this Ordinance or by the rules or orders to be from time to time made under this Ordinance be so far as the circumstances of the case will admit, according to the practice heretofore prevailing in the said Court in its Ecclesiastical Jurisdiction.
14. Subject to the regulations established or to be established by such rules and orders as aforesaid, the witnesses and where necessary the parties, in all contentious 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 application of the opposite party be subject to be cross-examined by or on behalf of such 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.
15. Provided, that when a witness in any such matter is out of the jurisdiction of the Court, or when by reason of his illness or otherwise, the Court shall not think fit to enforce the attendance of the witness in open Court, it shall be lawful for the Court to order a commission to issue for the examination of such witness upon interrogatories or otherwise, or if the witness be within the jurisdiction of the Court, to order the examination of such witness upon interrogatories or otherwise, 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
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