No. 2 of 1897.
PROBATES.
Powers of judge sitting in chambers.
Powers of the court with regard to costs.
and the times at which such sittings shall be fixed by the judge: Provided that no matter shall be heard in chambers which either party requires to be heard in court.
47. The judge, when so sitting in chambers, shall have and exercise the same power and jurisdiction in respect of any business brought before him as if he were sitting in court.
48. The court shall have the same powers with regard to the costs of any action or other proceeding as the Supreme Court has with regard to costs in actions and other proceedings in its original jurisdiction.
Examination of parties and witnesses.
c. 77, s. 31.
Evidence.
49.-(1) Subject to any rules or orders made under this Ordinance, the witnesses, and where necessary the parties, in all contentious matters where their attendance can be had shall be examined orally by or before the judge in court: Provided that, subject to any such rules or orders as aforesaid, the parties shall be at liberty to verify their respective cases, 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.
Use of affidavit sworn out of the Colony. [cf. No. 2 of 1889.]
(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.
NA VRAUTEGIAKASHINATHENSEMITEN (BAREMINENT ERASERA CEKANA FEJSENDEREAS APRONUNTERGERE NON POKOK S
508
No. 2 of 1897.
PROBATES.
Powers of judge sitting in chambers.
Powers of the court with regard
to costs.
and the times at which such sittings shall be held shall be fixed by the judge: Provided that no matter shall be heard in chambers which either party requires to be heard in court.
47. The judge, when so sitting in chambers, shall have and exercise the same power and `jurisdiction in respect of any business brought before him as if he were sitting in court.
48. The court shall have the same powers with regard to the costs of any action or other proceeding as the Supreme Court has with regard to costs in actions and other proceedings in its original jurisdiction.
Examination of parties and
witnesses.
c. 77, s. 31.
Evidence.
49.-(1) Subject to any rules or orders made under this Ordinance, the witnesses, and where necessary the parties, in all contentious matters where their attendance can be had shall
20 & 21 Vict. be examined orally by or before the judge in court: Provided that, subject to any such rules or orders as aforesaid, the parties shall be at liberty to verify their respective cases, 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-examina- tion may be re-examined orally in court as aforesaid by or on behalf of the party by whom such affidavit was filed.
Use of affidavit sworn out of the Colony. [cf. No. 2 of 1889.]
(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 other- wise, 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.
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