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WITNESSES EXAMINATION

ACT 1900.

This Act consolidates parts of the following statutes:-

4 Vic. No. 22;

5 Vic. No. 9;

18 Vic. No. 13;

36 Vic. No. 9;

44 Vic. No. 18;

54 Vic. No. 25;

TABLE

Showing how the sections of Acts consolidated have been dealt with.

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COMPARATIVE

Showing how the provisions of the sections consolidated in s. 4 of

Section of Act.

4 Vic. No. 22, s. 14.

1 Wm. IV., c. 22, s. 4, adopted by 5 Vic. No. 9, s. 15.

18 Vic. No. 13, s 2.

In what proceedings In all cases whether In every action and In all cases in which

examination of witnesses may be directed.

at law or in equity or in any ecclesiastical proceeding, and in any criminal case..

Su

suit in the preme Court of New South Wales

any person, not being a party to the suit, action or proceeding may be examined as a witness de bene esse or under a commission.

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Court or a

In whom the power Each of the Judges Each of the Judges The

to make the order is vested.

of the Supreme of the Supreme Judge.

Court of New

South Wales resi

dent at Sydney.

Court of New South Wales resident at Sydney.

Persons who may be Any witness who is Any witness whether Any party to the

ordered to be ex

amined, and circumstances under which persons may be ordered to be examined.

(a) beyond the within or with- suit, action, or

seas, or (b) at a greater distance than 200 miles) from the intended place of trial, or (c) from age or infirmity unable to attend the trial, or where from any of such causes, or from his being about to depart beyond sea or to some place beyond the said distance of 200 miles, the testimony of such witness is in danger of being lost.

out the jurisdic- proceeding. tion of the Court where the action is depending.

TABLE.

the "Witnesses Examination Act, 1899," have been dealt with.

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The Court (i.e., the The Court (i.e., the The Court (i.e., the The Court or a Judge

Chief Justice or the Judge appointed or nominated to sit alone and adjudicate

under the Act 36 Vic. No. 9. See s. 49 of that Act).

Chief Judge in Probate Judge or
Equity or the
Judge acting for
him. See ss. 1-3
of 44 Vic. No. 18).]

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any Judge acting for him. See s. 4 of 54 Vic. No. 25).

(i.e., the Supreme Court or a Judge of the Supreme Court. See s. 3 of the Consolidated Act).

within or without the jurisdiction of the Court.

Any witness in a Any witness whether contested matter who is out of the jurisdiction of the Court, or where by reason of his illness or otherwise the Court shall not think fit to enforce the attendance of the witness in open Court.

COMPARATIVE

Showing how the provisions of the sections consolidated in s. 4 of

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