316 ORDINANCE No. 6 OF 1855 .
Common Law Procedure.
interrogate, whether plaintiff or defendant, will derive material benefit in
the cause from the discovery which he seeks, that there is a good cause
of action or defence upon the merits , and , if the application be made on
the part of the defendant, that the discovery is not sought for the purpose
of delay ; provided that where it shall happen , from unavoidable
circumstances, that the plaintiff or defendant cannot join in such affidavit ,
the Court may, ifit think fit, upon affidavit of such circumstances by which
the party is prevented from so joining therein , allow and order that the
interrogatories may be delivered without such affidavit .
Oral exami 37. In case of omission , without just cause, to answer sufficiently
nation of
parties, when such written interrogatories , it shall be lawful for the Court, at its discre
to be allowed .
tion, to direct an oral examination of the interrogated party, as to such
point as they or he may direct, before the Court or Registrar ; and the
Court may, by such rule or order, or any subsequent rule or order, com
mand the attendance of such party or parties before the person appointed
to take such examination , for the purpose of being orally examined as
aforesaid , or the production of any writings or other documents to be
mentioned in such rule or order, and may impose therein such terms as
to such examination , and the costs of the application , and of the proceed
ings thereon , and otherwise , as to such Court shall seem just .
Proceedings 38. Such rule or order shall have the same force and effect, and may
upon such
rule or order. be proceeded upon in like manner, as an order made under the said here-
inbefore mentioned Act passed in the first year of the reign of His late
Majesty King William the Fourth .
Depositions 39. Whenever, by virtue of this Ordinance , an examination of any
upon such
examination witness or witnesses has been taken before the Court or before the Regis
to be returned
to Registrar's trar, the depositions taken down by such examiner shall be returned to
office.
and kept in the Registrar's office of the Court ; and office copies of such
[ 1 W. 4 , c.22. ] depositions may be given out, and the depositions may be otherwise used ,
in the same manner as in the case of depositions taken under the herein
before mentioned Act passed in the first year of the reign of His late Ma
jesty King William the Fourth.
Examiner to 40. It shall be lawful for the Registrar named in any such rule or
make report
to the Court. order as aforesaid for taking examinations under this Ordinance, and he
is hereby required to make, if need be, a special report to the Court touch
ing such examination , and the conduct or absence of any witness or other
person thereon or relating thereto ; and the Court is hereby authorized to