}
pver to
-deposent by interpretation either of a sworn-inter- preter of the court, or of a person previously sworn faithfully to interpret the affidavit. A. For of Jurat will be found in the Appendix hereto, No. 35.
9 Affidavits may, by perulssion of the judge, be used as evidence in an action, saving all just exceptions,
(1.) If sworn to, in the United Kingdom of Great Britain and Ireland, or in any Possession, before any person autho- rised to administer oaths in the said United Kingdon or in euch Possession respectively;
(2) If sworn to, in any place not being a part of Her Majesty's dominions, before a British minister, consul, vice-consul, or notary public, or before a judge or magistrate, the signature of such judge or magistrate being authenticated by the official seal of the court to which he is attached.
95. The reception of any affidavit as evidence may be objected to, if the affidavit has been sworn before the solicitor for the party on whose behalf it is offered, or before a partner or glerk of such solicitor.
EXAMINATION OF WITNESSES BEFORE TRIAL.
96. The judge may order that any witness, who cannot conve niently attend at the trial of the action, shall be examined previously thereto, before either the judge, or the registrar, who shall have power to adjourn the examination from time to time, and from place to place, if he shall think necessary. A form of order for examination of witnesses will be found in the Appendix hereto, No. 36.
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97. If the witness cannot be onveniently examined before the judge or the registrar, or is beyond the limits of the Possession, the judge may order that be shall be examined before a commis. sioner specially appointed for the purpose.
98. The commissioner shall have power to swear any witnesses produced before him for examination, and to adjour, if neces- sary, the examination from time to time, and from place to place. A form of commission to examine witnesses will be found in the Appendix hereto, No. 37.
99. The parties, their couns and solicitors, may attend the examination, but, if counsel attend, the fees of only one counsel on each side shall be allowed on taxation, except by order of the judge.
100. The evidence of every witness shall be taken down in writing, and shall be certified as correct by the judge, or registrar, or by the commissioner, as the case may be.
101. The certified evidence shall be lodged in the registry, or,
if taken by commission, shall forthwith be transmitted by the commissioner to the registry, jogether with bis commission, A
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fort of return to commission to examine witnesses will be found in the Appendix hereto, No. 38.
102. As soon as the certified evidence has been received in the registry, it may be taken up and filed by either party, and may be used as evidence in the action, saving all just exceptions.
SHORTHAND WRITER.
73 108. The judge may order the evidence of the witnesses
whether examined before the judge or the registrar, or a com missioner, to be taken down by a shorthand writer, who shall have been previously sworn faithfully to report the evidence, and a transcript of the shorthand writer's notes, certified by him to be correct and approved by the judge, registrar, or commissioner, as the case may be, shall be lodged in or transmitted to the registry as the certified evidence of such witnesses. A form of oath to be administered to the shorthand writer will be found in the Appendix herete, No. 89-
PRINTING.
7104. The judge may order that the whole of the pleadings and written proofs, or any part thereof, shall be printed before the trial; and the printing shall be in such manner and form as the judge shall order.
105. Preliminary Acts, if printed, shall be printed in parallel columns.
ASSESSORS.
76 106. The judge on the application of any party, or without any such application if he considers that the nature of the case requires it, may appoint one or more assessors to advise the court upon any matters requiring nautical or other professional knowledge.
77
107. The fees of the assessors shall be paid in the first instance by the Plaintiff, unless the judge shall otherwise order,
SETTING DOWN FOR TRIAL.
78 108. An action shall be set down for trial by filing a notice of trial. A form of notice of trial will be found in the Appendix hereto, No. 40. 15
79 109. If there has not been any appearance, the Plaintiff may set down the action for trial, on obtaining from the judge leave to proceed e parte-
(a) In an action in personam, or an action against proceeds in court, after the expiration of two weeks from the service of the writ of summons;
(b) In an action in rem (not being an action against proceeds in court), after the expiration of two weeks from the filing of the warrant.
fo 10. If there has been an appearance, either party may set
down the action for trial-*-
(a.) After the expiration of one week from the entry of the
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