the-ordinances-of-the-legislative-counci-1890 — Page 351

ORDINANCE No. 6 OF 1855 . 315


Common Law Procedure.


33. Such order shall be proceeded upon in like manner as an order
upon order
made under the hereinbefore mentioned Act passed in the first year of for examina
tion.
the reign of his late Majesty King William the Fourth, and the exami
nation thereon shall be conducted , and the depositions taken down and

returned, as nearly as may be in the mode now used on vivâ voce ex
aminations under the said Act of Parliament.

34. Upon the application of either party to any cause or other civil Discovery of
documents.
proceeding in Court, upon an affidavit of such party of his belief that any
document, to the production of which he is entitled for the purpose of
discovery or otherwise, is in the possession or power of the opposite party,
it shall be lawful for the Court to order that the party against whom
such application is made, or if such party is a body corporate, that some
officer to be named of such body corporate, shall answer on affidavit ,
stating what documents he or they has or have in his or their possession
or power relating to the matters in dispute, or what he knows as to the

custody they or any of them are in, and whether he or they objects or
object (and if so on what grounds, ) to the production of such as are in
his or their possession or power; and upon such affidavit being made, the
Court may make such further order thereon as shall be just .

35. In all causes in Court, by order of the Court, the plaintiff may Power to
deliver
with the declaration , and the defendant may with the plea , or either of written
interrogato
them by leave of the Court may, at any other time, deliver to the opposite ries to op
posite party.
party or his attorney , (provided such party, if not a body corporate,
would be liable to be called and examined as a witness upon such matter , )

interrogatories in writing upon any matter as to which discovery may be
sought, and require such party, or in the case of a body corporate any of

the officers of such body corporate, within ten days to answer the questions
in writing by affidavit, to be sworn and filed in the ordinary way ; and
any party or officer omitting, without just cause, sufficiently to answer
all questions as to which a discovery may be sought within the above
time, or such extended time as the Court shall allow , shall be deemed to
have committed a contempt of the Court, and shall be liable to be
proceeded against accordingly.

36. The application for such order shall be made upon an affidavit Affidavits by
party pro
of the party proposing to interrogate, and his attorney or agent, or in the posing to
interrogate
case of a body corporate , of their attorney or agent, stating that the and his
attorney.
deponents or deponent believe or believes that the party proposing to