Directory_and_Chronicle_1908 — Page 445

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

AFFIDAVITS

89. Every affidavit shall be divided into short paragraphs numbered consecutively, and shall be in the first person.

90. The name, address and, description of every person making an affidavit shall be inserted therein.

91. The names of all the persons making an affidavit, and the dates when, and the places where it is sworn, shall be inserted in the jurat.

92. When an affidavit is made by any person who is blind, or who from his signature or otherwise appears to be illiterate, the person before whom the affidavit is sworn shall certify that the affidavit was read over to the deponent, and that the de- ponent appeared to understand the same, and made his mark or wrote his signature- thereto in the presence of the person before whom the affidavit was sworn.

93. When an affidavit is made by a person who does not speak the English language, the affidavit shall be taken down and read over to the deponent by interpre- tation either of a sworn interpreter of the Court, or of a person previously sworn faithfully to interpret the affidavit.

94. Affidavits may, by permission of the judge, be used as evidence in an action saving all just exceptions:

(1.) If sworn to, in the United Kingdom of Great Britain and Ireland, or in any Possession, before any person authorised to administer oaths in the said United Kingdom or in such Possession respectively;

(2.) If sworn to, in any place not being a part of Her Majesty's dominions, before a British minister, consul, vice-consul, or notary public, or before a judge, or magistrate, the signature of such judge or magistrate being authenticated by the official seal of the Court to which he is attached.

95. The reception of any affidavit as evidence may be objected to, if the affidavit has been sworn before the solicitor for the party on whose behalf it is offered, or before a partner or clerk of such solicitor.

EXAMINATION OF WITNESS BEFORE TRIAL

96. The judge may order that any witness, who cannot conveniently atttend at the trial of the action, shall be examined previously thereto, before either the judge, or the registrar, who shall have power to adjourn the examination from time to time and from place to place, if he shall think necessary.

97. If the witness cannot be conveniently examined before the judge or the registrar, or is beyond the limits of the Possession, the judge may order that he shall be examined before a commissioner specially appointed for the purpose.

98. The commissioner shall have power to swear any witnesses produced before him for examination, and to adjourn, if necessary, the examination from time to time, and from place to place.

99. The parties, their counsel and solicitors, may attend the examination, but, if counsel attend, the fees of only one counsel on each side shall be allowed ou taxation, except by order of the judge.

100. The evidence of every witness shall be taken down in writing, and shall be certified as correct by the judge, or registrar, or by the commissioner, as the case may be.

101. The certified evidence shall be lodged in the registry, or, if taken by commission, shall forthwith be transmitted by the commissioner to the registry, together with his commission.

102. As soon as the certified evidence has been received in the registry, it may be used as evidence in the action, saving all just exceptions.

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