635977-1897-Ordinances-Nos-1-2-and-3-assented-to — Page 18

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THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.

Use of affida-

(2.) Provided that when a witness in any such matter is out of the jurisdiction of the Court, or when, by reason of his illness or otherwise, the Court does not think fit to enforce his attendance in Court, it shall be lawful for the Court to order a commission to issue for his examination upon interrogatories or otherwise, or, if the witness is with- in the jurisdiction of the Court, to order his examination, upon interrogatories or otherwise, before any officer of the Court or other person named for that purpose in the order.

50. An affidavit sworn out of the Colony in the manner vit sworn out mentioned in any Ordinance for the time being in forec of the Colony, relating to evidence may be used in any suit or proceeding

Rules of evidence.

Power lo

in the Court.

51. The aules of evidence observed in the Supreme Court in its original jurisdiction shall be applicable to and be observed in the trial of all questions of fact in the Court.

Trial of Question of Fact by Jury,

52. On the application of any party to any suit or pro- order question ceeding in the Court or of its own motion, it shall be law- ful for the Court to cause any question of fact arising in such suit or proceeding to be tried by a special or common common jury, jury.

of fact to be tried by special or

Procedure

53.-(1.) When the Court orders a question of fact to and powers on he tried by a jury, the Court may make all such rules and trial of ques-orders for procuring the attendance of a special or common tion by jury. jury for the trial of such question as may now be made by the Supreme Court in its original jurisdiction, and may also make any other orders which to the Court may seem requisite.

Form of

tried, etc.

(2.) Every such jury shall be struck, summoned, balloted for, and called in like manner as if such jury were a jury for the trial of any cause in the said Supreme Court; and every juryman so summoned shall be entitled to the same rights, and subject to the same duties and liabilities, as if he had been duly summoned for the trial of any such cause in the said Supreme Court ; and every party to any such proceeding shall be entitled to the same rights as to chal- lenge and otherwise as if he were a party to any such cause,

(3.) Generally for all purposes of or auxiliary to the trial of questions of fact by a jury before the Court, and in respect of new trials thereof, and also for all purposes in relation to or consequential upon the direction of issites, the Court shall have the same jurisdiction, powers, and authority in all respects as belong to the said Supreme Court for the like purposes.

54.-(1.) When the Court orders a question of faet to question to be be tried by a jury, the question shall be reduced into writing in such form as the Court may direct, and at the trial the jury shall be empanelled to try the question, and a true verdiet to give thereon according to the evidence.

(2.) Upon overy such trial the Court shall have the same jurisdiction, powers, and authority in all respects as belong to a Judge of the said Supreme Court sitting in its original jurisdiction.

Calendars of Grants,

Making and

55-(1) The Judge shall cause to be made from time particulars of to time in the Registry of the Court and to be printed calendars of the grants of probate and administration therein for such periods as the Judge may think fit.

calendars of grants.

Distribution

(2.) Every such calendar shall contain a note of every probate, or administration with the will annexed, or admi- nistration granted within the period therein specified.

(3.) Every such note shall set forth the date of the grant, the name of the testator or intestate, the place and time of death, the names and descriptions of the executors or admi- nistrators, and the value of the effects as set forth in any commission of appraisement or otherwise.

56. The Registrar shall cause a copy of every such of edenlays, calendar to be transmitted to the Governor, to the Principal Registry of the Probate Division of the High Court of Justice in England, to the Sheriff' Court of the County of Edinburgh in Scotland, to the Principal Registry of the Probate Division of the High Court of Justice in Ireland, and to such other offices, if any, as the Judge may from time to time direct.