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direction of the Court or produced to the Court for examination and sealing,) shall alone be recognized for any purpose in the Court.
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Other Evidence.
application.
250. On the hearing of any interlocutory or other application in a suit or matter, the Court may, if it thinks it just and expedient, for reasons to be recorded in the minutes of proceedings, summon any person to attend to produce documents before it, or to be examined, or to be cross-examined, and re-examined vivá voce, by or before it, in like manner as at the hearing of a suit.
Such notice as the Court in each case, according to the circumstances, considers reasonable shall be given to the person summoned, and to such persons (parties to the suit or proceeding or otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine, cross-examine, or re-examine the person summoned, or to be present at his examination, cross-examination, or re-examination, as the case may be.
The evidence of a witness on any such examination, cross-examination, or re-examination shall be taken in like manner, as nearly as may be, as at the hearing of a suit.
251. Where the circumstances of the case appear to the Court so to require, 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.
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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, as the case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.
instituted.
252. 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.
253. Where any person who might give evidence in any suit or matter is dead, or insane, or unavoidably absent at the time his evidence might be taken, or for any reason considered sufficient by 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.
254. 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 the order of the Court, to admit any document, saving just exceptions.
255. 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.
Costs.
256. 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.
257. 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.
proceedings to
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direction of the Court or produced to the Court for examinationand sealing,) shall alone be recognized for any purpose in the Court.
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Other Evidence.
application.
250. On the hearing of any interlocutory or other applica- Vivá voce tion in a suit or matter, the Court" may, if it thinks it just and evidence on
interlocutory expedient, for reasons to be recorded in the minutes of proceedings, or other summon any person to attend to produce documents before it, or to be examined, or to be cross-examined, and re-examined vivá voce, by or before it, in like manner as at the hearing of suit.
Such notice as the Court in each case, according to the circumstances, considers reasonable shall be given to the per- son summoned, and to such persons (parties to the suit or pro- ceeding or otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine, cross-exe- mine, or re-examine the person summoned, or to be present at his examination, cross-examination, or re-examination, as the casa may be.
The evidence of a witness on any such examination, cross-examination, or re-examination shall be taken in like man- ner, as nearly as may be, as at the hearing of a suit.
251. Where the circumstances of the case appear to the Vion voce Court so to require, the Court may, in like manner take the evidence evidence taken as preparatory of any witness at any time in the course of the proceedings in any to hearing. 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 hear- ing of the suit or application, saving just exceptions.
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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 ten- dered to hire for signature; and if he refuse to sign it the Court or the Registrar, as the case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.
instituted.
252. Evidence may be taken in like manner on the applica- Evidence tion of any person, before suit instituted, where it is shown to the before suit 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 apply- ing will lose the benefit of his evidence if it be not at once takon. 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.
253. Where any person who might give evidence in any Proof of former suit or matter is dead, or insane, or unavoidably absent at the evidence. time his evidence might be taken, or for any reason considered sufficient by 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.
254. Where all parties to a suit are competent to make ad- Notice to mission, any party may call on any other party by notice filed in admit. the Court and served under the order of the Court, to admit any document, saving just exceptions.
255. In case of refusal or neglect to admit, the costs of proof of the doument shall be paid by the party refusing or ne- glecting, 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, pro- duced a saving of expense.
Costs,
256. The Court may in its discretion at any time before Order for hearing, on the application of the parties to the proceeding before inspection. 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.
257. Every person doing any act or taking any proceeding In whose name in the Court as plaintiff, or otherwise, must do so in his own name and how and not otherwise, and either by himself or by his attorney, pro-: be taken. curator, or agent thereunto lawfully authorized in writing.
proceedings to
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