PROBATES.
No. 2 of 1897.
$25
in 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 Use of affida- mentioned in any Ordinance relating to evidence may be vit sworn out used in any action or proceeding in the court.
of the Colony. [cf. No. 2 of 1889.]
evidence.
51. The rules of evidence observed in the Supreme Court Rules of in its original jurisdiction shall be applicable to and be 20 & 21 Vict. observed in the trial of all questions of fact in the court.
Trial of question of fact by jury.
c. 77, s. 33.
52. On the application of any party to any action or Power to proceeding in court or of its own motion, it shall be lawful order ques- for the court to cause any question of fact arising in such be tried by action or proceeding to be tried by a special or common jury.
special or common jury. 20 & 21 Vict. c. 77, s. 35.
on trial of
53. (1) When the court orders a question of fact to be Procedure tried by a jury, the court may make all such rules and orders and powers for procuring the attendance of a special or common jury question of for the trial of such question as may now be made by the fact by jury. Supreme Court in its original jurisdiction, and may also make c. 77, s. 36. any other orders which to the court may seem requisite.
[cf. No. 6 of 1887.
(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 summoned shall be entitled to the same rights, and subject to the same duties and liabilities, as if he had
20 & 21 Vict.
PROBATES.
No. 2 of 1897.
$25
in 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 Use of affida- mentioned in any Ordinance relating to evidence may be vit sworn out used in any action or proceeding in the court.
of the Colony. [cf. No. 2 of 1889.]
evidence.
51. The rules of evidence observed in the Supreme Court Rules of in its original jurisdiction shall be applicable to and be 20 & 21 Vict. observed in the trial of all questions of fact in the court.
Trial of question of fact by jury.
c. 77, s. 33.
52. On the application of any party to any action or Power to proceeding in court or of its own motion, it shall be lawful order ques- for the court to cause any question of fact arising in such be tried by action or proceeding to be tried by a special or common jury. special or
common jury. 20 & 21 Vict. c. 77, s. 35.
on trial of
53. (1) When the court orders a question of fact to be Procedure tried by a jury, the court may make all such rules and orders and powers for procuring the attendance of a special or common jury question of for the trial of such question as may now be made by the fact by jury. Supreme Court in its original jurisdiction, and may also make c. 77, s. 36. any other orders which to the court may seem requisite.
[cf. No. 6 of 1887.
(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 summoned shall be entitled to the same rights, and subject to the same duties and liabilities, as if he had
20 & 21 Vict.
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