Directory_and_Chronicle_1908 — Page 444

RULES OF VICE-ADMIRALTY COURTS IN H.B.M. POSSESSIONS ABROAD

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72. Every special case shall be divided into paragraphs, numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the judge to decide the question at issue.

73. Every special case shall be signed by the parties, and may be filed by any party.

MOTION

74. A party desiring to obtain an order from the judge shall file a notice of motion with the affidavits, if any, on which he intends to rely.

75. Notice of motion shall state the nature of the order desired, the day on which the motion is to be made, and whether in Court or in Chambers.

76. Except by consent of the adverse party, or by order of the judge, the notice of motion shall be filed twenty-four hours at least before the time at which the

motion is made.

77. When the motion comes on for hearing, the judge, after hearing the parties, or, in the absence of any of them, on proof that the notice of motion has been duly served, may make such order as to him shall seem fit.

78. The judge may, on due cause shown, vary or rescind viously made.

TENDERS

any order pre-

79. A party desiring to make a tender in satisfaction of the whole or any part of the adverse party's claim, shall pay into Court the amount tendered by him, and shall file a notice of the terms on which the tender is made.

80. Within a week from the filing of the notice the adverse party shall file a motion, stating whether he accepts or rejects the tender, and if he shall not do so he shall be held to have rejected.

81. Pending the acceptance or rejection of a tender, the proceedings be suspended.

EVIDENCE

shall

82. Evidence shall be given either by affidavit or by oral examination, or partly in one mode, partly in another.

83. Evidence on a motion shall in general be given by affidavit, and at the hearing by the oral examination of witnesses; but the mode or modes in which evidence shall be given, either on any motion or at the hearing, may be determined either by consent of the parties, or by order of the judge.

84. The judge may order any person who has made an affidavit in an action to attend for cross-examination thereon before the judge, or the registrar, or a commissioner specially appointed.

85. Witnesses examined orally before the judge, the registrar, or a commissioner, shall be examined, cross-examined, and re-examined in such order as the judge, registrar, or commissioner may direct; and questions may be put to any witness by the judge, registrar, or commissioner, as the case may be.

86. If any witness is examined by interpretation, such interpretation shall be made by a sworn interpreter of the Court, or by a person previously sworn according to the prescribed form.

OATHS

87. The Judge may appoint any person to administer oaths in Vice-Admiralty proceedings.

88. If any person tendered for the purpose of giving evidence objects to take an oath, or is objected to as incompetent to take an oath, or is by reason of any defect of religious knowledge or belief incapable of comprehending the nature of an oath, the judge or person authorised to administer the oath shall, if satisfied that the taking of an oath would have no binding effect on his conscience, permit him, in lieu of an oath, to make a declaration.

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