Directory_and_Chronicle_1885 — Page 783

evidence taken

to hearing.

82

RULES OF SUPREME COURT

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 pre- sent 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 preparatory require, for reasons to be recorded in the minutes of proceedings, 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, and the evidence so taken may be used at the hearing of the suit or application, saving just exceptions.

Evidence before wait instituted.

proof of former

Notios tojadmit.

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 refuses to sign it the Court shall add a note of his refusal, and the evidence may be used as if he had signed it.

245. 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 particular 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 particular jurisdiction, or that from some other cause the person applying will lose the benefit of his evidence if it

be not at once taken.

Witness dead, insane, or not appearing.

246. Where any person who might give evidence in any suit or mat- ter 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 ap- pear 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 proceed- ing; provided that the subject matter of such former judicial proceeding was substantially the same as that of the existing suit, and that the par- ties to the existing suit were parties to it or bound by it, and in it had cross-examined or had an apportunity of cross-examining the witness of whose evidence proof is so to be given.

Oath.

247. On any occasion the Court 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 grounds 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.

Admission of Documents.

248. Where all parties to a suit are competent to make admissione, any party may call on any other party, by notice filed in the Court, and served under order of the Court, to admit any document, saving just exceptions.

In case of refusal or neglect to admit, the costs of proof of the docu- ment 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.