D. 1897.1
PROBATES.
[No. 2.
301
Judge in Court: Provided that, subject to any such rules or orders aforesaid, the parties shall be at liberty to verify their respective cases, whole or in part, by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, be subject to be cross-examined by or on behalf of such opposite party orally in Court as aforesaid, and after such cross-examination may be re-examined orally in Court as aforesaid by or on behalf of the party by whom such affidavit was filed.
(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 within 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 mentioned in any Ordinance for the time being in force relating to evidence may be used in any action or proceeding in the Court.
51. The rules 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 action or proceeding in the Court or of its own motion, it shall be lawful for the Court to cause any question of fact arising in such action or proceeding to be tried by a special or common jury.
Use of affidavit sworn out of the Colony. See Ordinance No. 2 of 1889 Rules of evidence. 20 & 21 Vict. c. 77 s. 33.
Power to order question of fact to be tried by special or common jury. Ib. s. 35.
Procedure and powers on trial of question by jury. Ib. s. 36.
53.—(1.) When the Court orders a question of fact to be tried by jury, the Court may make all such rules and orders for procuring the attendance of a special or common 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. (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 challenge and otherwise as if he were a party to any such cause.
D. 1897.1
PROBATES.
[No. 2.
301
Judge in Court: Provided that, subject to any such rules or orders aforesaid, the parties shall be at liberty to verify their respective cases, whole or in part, by affidavit, but so that the deponent in every such davit shall, on the application of the opposite party, be subject to bề ross-examined by or on behalf of such opposite party orally in Court as foresaid, and after such cross-examination may be re-examined orally in Court as aforesaid by or on behalf of the party by whom such affidavit
as filed.
(2) Provided that when a witness in any such matter is out of the urisdiction 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 examina- tion upon interrogatories or otherwise, or, if the witness is within the
sdiction of the Court, to order his examination, upon interrogatories, otherwise, before any officer of the Court or
officer of the Court or other person named for int purpose in the order.
50. An affidavit sworn out of the Colony in the manner mentioned many Ordinance for the time being in force relating to evidence may be used in any action or proceeding in the Court.
51. The rules 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 action or proceeding in the Court or of its own motion, it shall be lawful for the Court to cause any mestion of fact arising in such action or proceeding to be tried by a special ur common jury.
a
Use of affida- vit sworn out
of the Colony. See Ordinance No. 2 of 1889 Rules of
evidence. 20 & 21 Fiet. c. 77 8. 33.
Power to of fact to be order question tried by special or common jury. Ib. s. 35.
Procedure and powers on tion by jury.
trial of ques-
Ib. s. 36.
53.—(1.) When the Court orders a question of fact to be tried by
y, the Court may make all such rules and orders for procuring the tendance of a special or common jury for the trial of such question as sy 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. (2) Every such jury shall be struck, summoned, balloted for, and alled in like manner as if such jury were a jury for the trial of any See Ordinance use in the said Supreme Court; and every juryman so summoned No. 7 of 1887. all be entitled to the same rights, and subject to the same duties and abilities, as if he had been duly summoned for the trial of any such
pro-
ise in the said Supreme Court; and every party to any such eding shall be entitled to the same rights as to challenge and otherwise if he were a party to any such cause.
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