H

CHAPTER 7.

[20th April, 1891.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:-

1. Section 14 of the "County Courts Act" is hereby amended by Amends sec. 14. inserting between the words "of" and "the" in the third line the

words "

or at the request of."

2. In case the plaintiff or defendant in an action in the County Issue of commission Court is desirous of having at the trial thereof the testimony of a Court. under seal of County person residing without the limits of the Province, the Judge of the County Court wherein the action is pending may, upon the application of the plaintiff or defendant, and upon hearing the parties, order the issue of a commission out of and under the seal of said County Court to a Commissioner to take the examination of such person.

3. In case it be made to appear to the Judge of the County Court Evidence of sick witwherein the action is pending that a material and necessary witness ness may be taken.

residing within the Province is sick, aged, or infirm, or that he is about to leave the Province, and that his attendance at Court as a witness cannot by reason thereof be procured, the Judge may make an order appointing a suitable person to take the evidence of the said person. A copy of the order, with two days' notice of the time and place of the examination, shall be served on the opposite party, his solicitor, or agent, who may appear and cross-examine the witness.

4. The evidence shall be taken on oath, and shall be reduced to How taken. writing and signed by the witness, and shall be transmitted to the

Clerk of the said Court, and shall be by him kept on file, and may be

used upon the trial, saving all just exceptions.

Costs.

Examination of witness resident at a distance.

Administration of

oath.

Rules of Supreme
Court to apply.

Tariff of costs.

Repeals sec. 52.

Short title.

5. The costs of the order shall be in the discretion of the Judge, and the reasonable charge of the examiner (to be fixed by the Judge) shall, in the first instance, be paid by the party obtaining the order, and shall thereafter be paid as the Judge may order.

6. An order may also be obtained for the examination of a witness who resides in a remote part of the Province, and at a great distance from the place of trial, if it be clearly made to appear that his attendance cannot be procured, or that the expense of his attendance would be out of proportion to the amount involved in the action, or would be so great that the party desiring his attendance should not, under the circumstances, be required to incur the same, and the proceedings thereon, and the order as to costs, shall be the same as in the case of an order in the next preceding section mentioned.

7. The persons appointed under the two next preceding sections shall have authority to administer an oath to the person to be examined.

8. The provisions of the Rules of the Supreme Court of British Columbia, so far as the same are applicable, shall apply to every commission issued under the authority of this Act.

9. Until the making of the tariff of costs, as contemplated by section 182 of the "County Courts Act," the Lieutenant-Governor in Council may from time to time, by Order in Council, make a tariff of costs to be allowed as between party and party, and solicitor and client, in any commission issued under this Act.

10. Section 52 of the "County Courts Act" is hereby repealed. 11. This Act may be cited as the "County Courts Amendment Act, 1891."

VICTORIA, B. C:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty.

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ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

bia."

1. The Judges of the several County Courts shall be Judges of the Appointment of "Local Judges of Supreme Court of British Columbia for the purposes of their juris- the Supreme Court diction in actions in the Supreme Court of British Columbia, and in of British Columthe exercise of such jurisdiction may be styled "Local Judges of the Supreme Court of British Columbia," and shall in all causes and actions in the Supreme Court of British Columbia have, subject to Rules of Court, power and authority to do and perform all such acts and transact all such business, in respect to matters and causes in and before the Supreme Court of British Columbia, as they are by Statute or Rules of Court in that behalf from time to time empowered to do and perform.

VICTORIA, B. C.:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty.