CO129-592-15 Future policy and draft proclamations- Military Courts 1-8-1945 - 31-8-1945 — Page 27

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Froceedings

set aside for

not to we

want of form.

01 summons, and, except by the like consent or Leave, iv snail not be competent to the defendant to enter into any equitable aerence or into any special defence, such as set-011, want of consideration, or une statute of limitations, unless at least twenty-four hours' written notice thereof has been first given to the plaintiff.

14.

Attenuance or representation

15.

ol parties.

Compensation to parties

and witnesses.

Summons to witness.

Schedule Forms 5 and 6.

Scneaule

Form No.7.

(1) No action or other proceeding suall be treated or considered as inviu, or subject to be set aside, on account of any verbal or technical error; but

all errors and mistakes may in all cases be amended or altered by the court.

(2)

Unless the court otherwise directs, all applications to the court or in chambers which may be necessary in the course of any action or proceeding may be made verbally and without any preliminary formality.

(1) In every cause or matter il the court is

Satisfied that any party who is not represented by a solicitor or counsel is prevented by good cause from attenuing in person, the court may permit any relative, iriend, or agent of such party, wno satisfies the court that ne nas authority in that benalf, to appear on nis behalf.

(2) Il such authority is in writing, it small not be

liable to stamp duty.

16. The court may allow such reasonable sum of money for, tue attendance and loss of time of parties and witnesses as it may uniak ILU, anu the same may we recovered as copus in the cause.

17.

Person refusing 18. to testify or giving false testimony.

(1) The court may issue its summons to compel the

attendance before the court of a witness elter to give evidence or to give evidence anu also to produce books, papers and documents and any suen summons shall be in accordance with Form No.5 ́ ́or Form No.6. in the Schedule, as the case may be. (2)

When a summons has been issued to compel tue attendance of a witness and the person named in the summons nas failed to attend before the court to give evidence and no just excuse is offered for such failure to attena then the court may, on being satisilea that the summons wa. served on such person in the manner required by tnis Proèlamation, issue

"

a warrant to bring and have such person before the court at a time and place to be mentioned in the said wariant to give evidence as aforesaid.

(3) Every warrant under sub-section (2) 01 this

section may be in accordance with Form No.7 in this Sunedule.

(1) Il any person having come wefore a court, we iner

voluntarily or in obedience to a summons or having been prought before the court by warrant or