12 REGULA GENERALIS .
Subpoenaducestecum. XXIX. That if any Witness shall have in his Possession or
Control, any Deed, Instrument, or Writing, which the Party requi-
ring his Attendance is desirous to give in Evidence, then the said
Writ of Subpoena shall be in the Form in the Schedule hereunto
annexed, marked No. 4.
Examination ofWit- XXX. That when the Testimony of any Witness is in Danger
nesses de bene esse.
of being lost before the Matter to which it relates can be made the
subject of Judicial Investigation, either Party desiring his Testimony
may apply in Term Time to the Court on Motion, or in Vocation
upon Affidavit to the Chief Justice or other Judge at Chambers,
setting forth the particular Circumstances under which the same is
made, that such Witness may be forthwith examined de bene esse,
or conditionally, either before the Court, or before a Commissioner
to be appointed by the said Court for that purpose, according as such
Witness resides near to, or at a Distance from Victoria ; and the
said Court, or Chief Justice, or other Judge, will thereupon make
such Order as the Justice of the Case may require.
Execution of Judg-
ments, & c. XXXI. That the Party in whose Favour any final Judgment,
Decree, or Sentence of the said Court, in any Civil Suit or Action ,
has been pronounced or given, may, at his own Risk, and without
any Leave for that purpose, sue out of the Office of the Registrar
of the said Court one or more Writs or Processes for the Execution
thereof: Provided, that no such Writ or Process shall issue against
the Immoveable Property of any Person, to raise any Sum of Money,
Debt, or Damages, by the Sale thereof, (except where by Sentence of
the Court such Immoveable Property may be declared to be specially
liable to Sale,) until any Writ or Process which may have been
issued against his Moveable Property shall be first returned, and
the Court shall perceive thereby that the said Person has not
sufficient Moveable Property to satisfy the Exigency of the said
Writ or Process ; or if no such Writ or Process shall have been
issued, then, until upon Motion to the said Court for that purpose
made, it shall appear to the Satisfaction of the said Court, that the
Person against whose Immoveable Property such Writ or Process is
desired, has no Moveable Property which can be taken in Execution
of the Sentence of the said Court, or not sufficient to satisfy the
same and no Writ or Process of Execution shall issue for the
levying and raising of any Costs awarded by the said Court to any
Party, until the same shall have been taxed by the Registrar of the
said Court ; and for that purpose, the Plaintiff or Defendant, or
Attorney of the Party obtaining any Appointment for Taxation
from the Registrar, shall give due Notice to the Opposite Party of
such Appointment, in order that he may be present thereat : and
the Registrar shall, in his Taxation and Allowances, be guided
according to the Practice of the Courts in England in such cases,
and according to the Table of Fees hereunto annexed ; and either
Party, feeling aggrieved by his Decision, may apply to the Court on
Motion, specifying the Items, Charges, or Allowances objected to,
that the said Registrar may review his Taxation .
Judgments, &c., may XXXII. That the Judgments, Decrees, and Orders of the said
be executed anywhere
within the Colony. Court, shall be carried into Execution in any District or Place
whatsoever within the said Colony and its Dependencies, where the
Defendant ,