agreed upon by the parties] who shall have all the powers of certifying and amending of a Judge of the Supreme Court of Judicature, and shall direct judgment to be entered and otherwise deal with the whole action pursuant to Order XXXV. Dated the

day of

, 19

App. K.

Nos. 35, 36.

No. 35.

Order for Examination of Witnesses before Trial (0 36, r. 7).

[Heading as in Form 1.]

Upon hearing the solicitors on both sides, and upon reading

the affidavit of

day of

dated the
a witness on behalf of the

It is ordered that
be examined viva voce (on oath or affirmation) before
Esquire, the

solicitor giving to the

, 19

solicitor

notice in writing of the time and place where the examination is to take place.

And it is further ordered that the examination so taken be filed in the Office of the Supreme Court of Judicature, [or as the Judge may direct] and that the same may be read and given in evidence on the trial of the cause, saving all just exceptions, without any further proof of the absence of the said witness than the affidavit of the solicitor of the [party using the same] as to his belief, and that the costs of this application be costs in the action.

Short Order for Issue of Commission to Examine Witnesses (O. 36, r. 9).

And it is further ordered that the trial of this action be stayed until the return of the said commission [the usual

App. K.
No. 37.

long order to be drawn up, and unless agreed upon by the parties within one week, to be settled by the Registrar (or as the case may be], and that the costs of this application be

Long Order for Commission to Examine Witnesses (0. 36, r. 9).

to

and

of , a commissioner named by and on behalf of the for the examination upon interrogatories and viva voce of witnesses on behalf of the said and respectively at aforesaid before the said commissioners.

and

2. Both the said shall be at liberty to examine upon interrogatories and viva voce upon the subject-matter thereof or arising out of the answers thereto such witnesses as may be produced on their behalf, with liberty to the other party to cross-examine the said witnesses upon crossinterrogatories and viva voce, the party producing the witness for examination being at liberty to re-examine him viva voce; and all such additional viva voce questions, whether on examination, cross-examination, or re-examination, shall be reduced into writing, and, with the answers thereto, returned with the said commission.

days from the date of this order the

3. Within

solicitors of the said
exchange the interrogatories they propose to administer to
their respective witnesses, and shall also, within

and

shall.

days

from the exchange of such interrogatories, exchange copies of

the cross-interrogatories intended to be administered to the said witnesses.

4.

days previously to the sending out of the said

commission, the solicitor of the said solicitor of the said

shall give to the

notice in writing of the mail or other conveyance by which the commission is to be sent out.

5. Within

days after service of this order upon
shall deliver to the

or his solicitor the
the name and place of business of his agent in
aforesaid, whom he has appointed to appear for him
upon such examination, and upon whom notice of the said
examination may be served.

6. Not less than forty-eight hours before the examination of any witness on behalf of the said or respectively, notice in writing signed by the commissioner of the party on whose behalf the witness is to be examined, and stating the time and place of the intended examination, shall be given to the other party by delivering the notice to the agent of the other party, or if no agent is appointed, to the commissioner of the other party, by delivering the notice to him at his address or to a grown up person there, and if the commissioner of that party neglects to attend pursuant to the notice, then the commissioner of the party on whose behalf the notice is given shall be at liberty to proceed with and take the examination of the witness or witnesses ex parte, and adjourn any meeting or meetings or continue the same from day to day, until all the witnesses intended to be examined by virtue of the notice have been examined, without giving any further or other notice of the subsequent meeting or meetings.

7. In the event of any witness on his examination, crossexamination, or re - examination producing producing any book, document, letter, paper, or writing, and refusing, for good cause to be stated in his deposition, to part with the original thereof, then a copy thereof, or extract therefrom, certified by the commissioners or commissioner present to be a true and correct copy or extract, shall be annexed to the witness's deposition.

8. Each witness to be examined under the commission shall be examined on oath, affirmation or otherwise in accordance

App. K.

No. 37.

App. K.
No. 37.

with his religion by or before the said commissioners or commissioner.

9. If any one or more of the witnesses do not understand the English language (the interrogatories, cross-interrogatories, and viva voce questions, if any, being previously translated into the language with which he or they is or are conversant), then the examination shall be taken in English through the medium of an interpreter or interpreters to be nominated by the commissioners or commissioner, and to be previously sworn according to his or their several religions by or before the said commissioners or commissioner truly to interpret the questions to be put to the witness or witnesses, and his and their answers thereto.

10. The depositions to be taken under and by virtue of the said commission shall be subscribed by the witness or witnesses and by the commissioners or commissioner who shall have taken such depositions, except where the examination is taken in shorthand, in which case it shall not be necessary for the depositions to be read over or signed by the witness or witnesses, unless any of the parties so desire; but in such case a copy of the depositions in shorthand or in typewriting, shall be certified by the shorthand writer as correct, and signed by the commissioners or commissioner who shall have taken such depositions.

11. The depositions shall be certified under the hand of the commissioner or commissioners and together with the interrogatories, cross interrogatories, and depositions, and any documents referred to therein, or certified copies thereof or extracts therefrom, shall be sent to the Registrar of the Supreme Court of Judic.ture on or before the

day of

or such further or other day as may be ordered, enclosed in a cover under the seal or seals of the said commissioners or commissioner, indorsed with the title of the cause or matter, and the same may be given in evidence on the trial of this action by and on behalf of the said and respectively, saving all just exceptions, without any other proof of the absence from this Province of the witness or witnesses therein named, than an a fidavit of the solicitor of the said respectively, as to his belief of the

or

12. The trial of this action is to be stayed until the return of the said commission.

13. The costs of this order, and of the commission to be issued in pursuance hereof, and of the interrogatories, crossinterrogatories, and depositions to be taken thereunder, together with any such document, copy or extract as aforesaid, and all other costs incidental thereto, shall be

App. K.

Nos. 37, 38.

Order for Appointment of Special Examiner to take Evidence Abroad (0. 36, r. 7).

[Heading as in Form 1.]

Upon hearing the solicitors on both sides, and upon reading the affidavit of

It is ordered that

be appointed as special examiner for the purpose of taking the examination, cross-examination, and re-examination, viva voce, on oath or affirmation, of

witnesses on the part of the solicitor to give to the

at

aforesaid. The solicitor days'

notice in writing of the date on which he proposes to send

for execution, and that

days

days (ex

out this order to
after the service of such notice the solicitors for the plaintiff's
and defendants respectively do exchange the names of their
agents at
to whom notice relating to the examination
of the said witnesses may be sent. And that
clusive of Sunday) prior to the examination of any witness
hereunder notice of such examination shall be given by the
agent of the party on whose behalf such witness is to be ex-
amined to the agent of the other party (unless such notice be
dispensed with). And that the deposition when so taken, to-
gether with any documents referred to therein, or certified
copies of such documents, or of extracts therefrom, be trans-
mitted by the examiner, under seal, to the Registrar of the
Supreme Court of Judicature, on or before the
day of
next, or such further or other day as may be ordered, there to
be filed in the proper office. And that either party may be at
liberty to read and give such depositions in evidence on the