Directory_and_Chronicle_1882 — Page 651

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Fird roce evidence on interlocutory or other application.

Fird voce evidence taken as preparatory to bearing.

Evidence before suit hstituted.

Proof of former * évidence.

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RULES OF SUPREME COURT

Other Evidence.

243. 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 procee ¡ings, summon a British subject to attend to produce documents before it, or to be examined, or to be cross-examined and re-examined, viva voce, by or before it, in like manner as at the hearing of a suit.

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Such notice as the Court in ‹ ach case, according to the circum- stances, considers r a-onable, shall be given to the person summon- el, 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 evidence at the hearing of a suit.

244. Where the circumstances of the case appear to the Court so to require, for reasons to be recorded in the minutes of proceedings, the Court may, in like manner, take the evi lence 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, and the evidence so tak n may be used at the hearing of the suit or application, saving just exceptions.

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 shall add a note of his refusal, and the evidence may be used as if he had si ned it. 245. Evidence may be taken in like manner on the application of any pers n, 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 ¡erson, within the particular jurisdiction at the time of application, can give material evidence resp. cting the subj ct of the apprehended suit, but that he is about o leave the particular jur'sdiction, or that from some ether cause the person applying will lose the benefit of his evidence if it be not at once taken.

Witness dead, insane, or not apparing,

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246. Where any person who m'ght 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 bim in any former judicial proceeding; provided that the subject matter of such former judicial proceeding was substantially the same as that of the existing sut, and that the parties to the existing suit were parties to it or bound by it, and in it ad cross-examined or had an opportunity of cross-examining the win ss of whose evidence proof is so to be given.

Oath.

247. On any occasion the Count may, if it thinks it just and expedient, for reasons to be recorded in the minutes of proceedings, take without oath the evidence of any person objecting on ground of conscience to take an oath,-the fact of the evidence having been so taken without oath being also recorded in the minutes of proceedings.