the-ordinances-of-the-legislative-counci-1890 — Page 350

314 ORDINANCE No. 6 OF 1855 .


Common Law Procedure.


Motions, &c.
Affidavits on
new matter. 29. Upon motions founded upon affidavits, it shall be lawful for
[Extended as either party, with leave of the Court, to make affidavits in answer to the
above.]
affidavits of the opposite party , upon any new matter arising out of such
affidavits , subject to all such rules as shall hereafter be made respecting
such affidavits .
Power to 30. Upon the hearing of any motion or summons , it shall be lawful
Court to
direct oral for the Court, at its discretion and upon such terms as it shall think rea
examinations
of witnesses . sonable, from time to time to order such documents as it may think fit
[Extended as
above.] to be produced, and such witnesses it may think necessary to appear,
and be examined virâ voce, either before such Court or before the Rc

gistrar, and upon hearing such evidence, or reading the report of such
Registrar, to make such rule or order as may be just .
Proceedings 31. The Court may, by such rule or order, or any subsequent rule
before and
upon such
or order, command the attendance of the witnesses named therein , for the
examination.
purpose of being examined, or the production of any writings or other
documents to be mentioned in such rule or order ; and such rule or order

shall be proceeded upon in the same manner, and shall have the same
[1 W. 4 , c . 22. ] force and effect, as a rule of Court under an Act passed in the first year

of the reign of His late Majesty King William the Fourth , intituled " An Act
to enable Courts of Law to order the examination of Witnesses upon Inter

rogatories or otherwise ;" and it shall be lawful for the Court or Registrar

to adjourn the examination from time to time as occasion may require ;
and the proceedings upon such examination shall be conducted and the

depositions taken down , as nearly as may be in the mode now in use
with respect to the viva voce examination of witnesses under the said Act.
Examination 32. Any party to any civil action or other civil proceeding in Court ,
of person who
refuses to requiring the affidavit of a person who refuses to make an affidavit, may
make an
affidavit. apply by summons for an order to such person to appear and be examined
upon oath before the Court or Registrar, to whom it may be most con
venient to refer such examination , as to the matters concerning which he

has refused to make an affidavit ; and the Court may, if it think fit, make
such order for the attendance of such person before the person therein
appointed to take such examination, for the purpose of being examined.
as aforesaid, and for the production of any writings or documents to be

mentioned in such order, and may thereupon impose such terms as to
such examination , and the costs of the application and proceedings there
in, as it shall think just .