Evidence Et ARG:
see sec. 769- The Code of
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72. Every special case shall be divided into paragraphs, numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the judge to decide the question at issue.
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by
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b
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68
ya
Y
Civil
Proceque and the Evidener Conerlidation Ordinanc
(# of 1889) sufficiently provide for the
of taking
evidence and the forus and excention of affidavits,
didarations re.
J.C.
78. Every special case shall be signed by the parties, and may be filed by any party.
MOTIONS.
4. A party desiring to obtain an order from the judge shall
file a notice of motion with the affidavits, if any, on which he intends to rely.
75. The notice of motion shall state the nature of the order desired, the day on which the motion is to be made, and whether in court or in chambers. A form of notice of motion will be found in the Appendix hereto, No. 88: 12
76. Except by consent of the adverse party, or by order of the judge the notice of motion shall be filed twenty-four hours at least before the time at which the motion is made.
77. When the motion cotes on for hearing, the judge, after hearing the parties, or, in the absence of any of thein, on proof that the notice of motion has been duly served, may make such. order as to him shall seem fit.
78. The judge may, on duc cause shown, vary or rescind any order previously made.
TENDERS.
79. A party desiring to make a tender in satisfaction of the whole or any part of the adverse party's claim, shall pay into court the amount tendered by him, and shall file a notice of the terms on which the tender is made.
80. Within a week from the filing of the notice the adverse party shall file a notico, stating whether he accepts or rejects the tender, and if he shall not do so, he shall be held to have rejected it. Forms of notice of tender and of notice accepting or rejecting it will be found in the Appendix hereto, Nos. 29 and 30:23 am) 24
31. Pending the acceptance or rejection of a tender, the pro- ceedings shall be suspended.
EVIDENCE-
82. Evidence shall be given either by affidavit or by oral examination, or partly in one mode, partly in another
83. Evidence on a motion shall in generat be given by affidavit, and at the hearing by the oral examination of witnesses; but the rode or modes in which evidence shall be given, either on any motion or at the hearing, may be determined either by consent of the parties, or by order of the judge.
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Court
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The forms of bath re awe slightly different in the Original jurisdiction. It is
ale
more convenient to have one form only in precedings.
J.C.
11
ST. The judge may order any poison who has made an affidavit in an action to attend for cross-examination thereon before the julge, or the registrar, or a commissioner specially appointed.
8. Witnesses examined orally before the judge, the registrar, or a commissioner, shall be examined, cross-examined, and re- examined in such order as the judge, registrar, or commissioner may direct; and questions may be put to any witness by the judge, registrar, or commissioner, as the case may be.
86. If any witness is examined by interpretation/such inter- pretation shall be made by a sworn interpreter of the court, or by a person previously sworn according to the form in the Appendix bereto, No. 31.
O apus.
87. The Judge may appoint any person to administer oaths in Vice-Admiralty proceedings generally, or já any particular pro- ceedings. Forms of Appointments to administer oaths will be found in the Appendix hereto, No. 32.
88. If any person tendered for the purpose of giving evidence objects to take an oath, or is objected to as incompetent to take an oath, or is by reason of any defect of religious knowledge or belief incapable of comprehending the nature of an oath, the Judge or person authorised to administer the catli shall, if satisfied that the taking of an oath would have no binding effect on his conscience, permit him, in lieu of an oath, to make a declaration, Forms of oath and of declaration in lieu of oath will be found in the Appendix hereto, Nos. 33 and 34.
/AFFIDAVITS.
89. Every affidavit, shall be divided into short paragraphs numbered consecutively, and shall be in the first person.
90. The name, address, and description of every person making an affidavit shall be inserted therein,
91. The name of all the persons making an affidavit, and the dates when and the places where it is sworn, shall be inserted in the jurat.
92. When an affidavit is made by any person who blind, or who from Kis signature or otherwise appears to be illiterate, the person before whom the affidavit is sworn shall certify that the affidavit was read over to the deponent, and that the deponent appeared to understand the same, and made his mark or wrote his signature thereto in the presence of the person before whom the affidavit was sworn,
3. When an affidavit is made by a person who does not speak The English language, the affidavit shall be taken down and read
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