1912_PROBATES_ORDINANCE__1897 — Page 13

PROBATES.

No. 2 of 1897.

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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 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 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 affida-

vit sworn out

of the Colony.

cf. 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.]

53.—(1) When the Court orders a question of fact to be tried by Procedure

and powers a jury, the Court may make all such rules and orders for procuring

on trial of the attendance of a special or common jury for the trial of question by

jury. such question as may now be made by the Supreme Court in its [b. s. 36.] original jurisdiction, and may also make any other orders which to cf. No. 6 of 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 Supreme Court; and every juryman so sum- moned shall be entitled to the same rights, and subject to the same

* As amended by No. 1 of 1912.

1887.

*

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