CAP. 10]
[s. 48 cont.]
Use of affidavit
Probate and Administration.
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) 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.
[49
49. 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.
sworn out
Rules of evidence.
20 & 21 Vict.
c. 77, s. 33.
[50
50. 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.
[51
Power to
order question
of fact
to be tried
by jury.
20 & 21 Vict.
c. 77, s. 35.
Procedure and powers on trial of question
of fact by jury.
20 & 21 Vict. c. 77, s. 36.
Trial of question of fact by jury.
51. 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.
[52
52. (1) When the court orders a question of fact to be tried by a 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 Supreme Court; and every juryman so summoned shall be entitled to the same rights,
312
САР. 10]
[s. 48 cont.]
Use of affidavit
Probate and Administration.
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) 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 attend- ance in court, it shall be lawful for the court to order a com- mission 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.
[49
49. An affidavit sworn out of the Colony in the manner mentioned in any Ordinance relating to evidence may be of the Colony. used in any action or proceeding in the court.
sworn out
Rules of evidence.
20 & 21 Vict.
c. 77, s. 33.
[50
50. 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.
[51
Power to
order question
of fact
to be tried
by jury.
20 & 21 Vict.
c. 77, s. 35.
Procedure and powers on trial of question
of fact by jury. 20 & 21 Vict. c. 77, s. 36.
Trial of question of fact by jury.
51. 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.
[52
52. (1) When the court orders a question of fact to be tried by a 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 Supreme Court; and every juryman so summoned shall be entitled to the same rights,
312
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