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Where the circumstances of the Case appear to the Court so to require, for reasons to be recorded in the minutes of proceedings, the Court may, in like manner take the evidence of any Witness at any time in the course of the proceedings in any Suit or application as preparatory to the Hearing of the Suit or application, or may direct the Registrar to take such evidence in like manner, and the evidence so taken may be used at the Hearing of the Suit or application, saving just exceptions.
The evidence shall be taken in like manner, as nearly as may be, as evidence at the Hearing of a Suit, and then the note of the evidence shall be read over to the Witness and tendered to him for Signature; and if he refuse to sign it the Court or the Registrar or the Case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.
Evidence may be taken in like manner on the application of any person, before Suit instituted, where it is shown to the Satisfaction of the Court on oath that the person applying has good reason to apprehend that a Suit will be instituted against him in the Court, and that some person, within the Jurisdiction at the time of application, can give material evidence respecting the subject of the apprehended Suit, but that he is about to leave the Jurisdiction, or that from some other cause the person applying will lose the benefit of his evidence if it be not at once taken. Provided always that the Court may upon granting such application impose any terms or conditions with reference to the examination of such witness and the admission of his evidence as to the Court may seem reasonable.
Witness dead, insane, or not appearing.
Where any person who might give evidence in any Suit or matter is dead, or is, or unavoidably absent at the time his evidence might be taken, or for any reason considered sufficient the Court cannot appear to give evidence in the Suit or Matter, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judicial proceeding; provided that the subject matter of such former judicial proceeding was substantially the same as that of the existing Suit, and that the parties to the existing Suit were parties to it or bound by it, and in it had cross-examined or had an opportunity of cross-examining the witness of whose evidence proof is so to be given.
Admission and Inspection of Documents.
Where all parties to a Suit are competent to make admission, any party may call on any other party by notice filed in the Court and served under Order of the Court, to admit any document, saving just exceptions.
In Case of refusal or neglect to admit, the costs of proof of the document shall be paid by the party refusing or neglecting, whatever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.
No costs of proof of any document shall be allowed unless such notice has been given, except in Cases where the omission to give the notice has in the opinion of the Court produced a saving of expense.
The Court may in its discretion at any time before hearing on the application of the parties to the Proceeding before the Court, grant an order to the party making the application to inspect all or any documents in the Custody or under the control of the opposite party relating to such proceeding and if necessary to take examined copies of the same.
MISCELLANEOUS PROVISIONS.
Attorneys and Agents.
Every person doing any act or taking any proceeding in the Court as Plaintiff, or otherwise must do so in his own name and not otherwise, and either by himself or by his attorney, procurator, or agent thereunto lawfully authorized in writing.
Where such act done or proceeding taken by an attorney, procurator, or agent, the power of attorney, or instrument constituting the procurator or agent, or any authenticated copy thereof, must be filed in the Court before or at the commencement of the proceedings.
Where the authority is special and has reference only to the particular proceeding to be taken, the original document itself must be filed,
Where the authority is general or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authenticated copy of such document may be filed.
The authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the person professing to act thereon has such authority as he claims to exercise.
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