receivable, without special leave of the court previously obtained for that purpose: provided always, that any witness who has made an affidavit filed by any party to a cause shall be subject to oral cross-examination within such time after the time fixed for closing the evidence as shall be prescribed in that behalf by any order of the Lord Chancellor, by or before an examiner, in the same manner as if the evidence given by him in his affidavit had been given by him orally before the examiner, and after such cross-examination may be re-examined orally by or on the part of the party by whom such affidavit was filed; and such witness shall be bound to attend before such examiner to be so cross-examined and re-examined, upon receiving due and proper notice, and payment of his reasonable expenses, in like manner as if he had been duly served with a writ of subpæna ad testificandum before such examiner; and the expenses attending such cross examination and re-examination shall be paid by the parties respectively, in like manner as if the witness so to be cross-examined were the witness of the party cross-examining, and shall be deemed costs in the cause of such parties respectively, unless the court shall think fit otherwise to direct.

XXXIX. Court may require the production and oral examination before itself of any witness, &c., and determine payment of the costs.]-Upon the hearing of any cause depending in the said court, whether commenced by bill or by claim, the court, if it shall see fit so to do, may require the production and oral examination before itself of any witness or party in the cause, and may direct the costs of and attending the production and examination of such witness or party to be paid by such of the parties to the suit or in such manner as it may think fit.

XL. Any party in a cause may by subpœna require attendance of any witness before an examiner.]-Any party in any cause or matter depending in the said court may, by a writ of subpoena ad testificandum or duces tecum, require the attendance of any witness before an examiner of the said court, or before an examiner specially appointed for the purpose, and examine such witness orally, for the purpose of using his evidence upon any claim, motion, petition, or other proceeding before the court, in like manner as such

witness would be bound to attend and be examined with a view to the hearing of a cause; and any party having made an affidavit to be used or which shall be used on any claim, motion, petition or other proceeding before the court shall be bound, on being served with such writ, to attend before an examiner, for the purpose of being crossexamined provided always, that the court shall always have a discretionary power of acting upon such evidence as may be before it at the time, and of making such interim orders, or otherwise, as may appear necessary to meet the justice of the case.

ORDER, 5TH FEB. 1861, RR. 1, 3-7, 10, 11.

1. Variation of the course prescribed by 15 & 16 Vict. c. 86.]-The course of proceeding prescribed by the statute 15 & 16 Vict. c. 86, with regard to the mode of examining witnesses and taking evidence in the Court of Chancery, and the practice of the court relating thereto, shall be and hereby are altered in the manner and to the extent prescribed by the following rules, but not further or otherwise.

3. Order to take evidence vivâ voce at the hearing.]—In any cause in which issue is joined the plaintiff or any defendant may, at any time within fourteen days after issue joined, apply to the judge in chambers by summons to be served on the opposite party for an order that the evidence in chief as to any facts or issues (such facts and issues to be distinctly and concisely specified in the summons) may be taken viva voce at the hearing of the cause, and the judge may make an order that the evidence in chief as to such facts and issues, or any of them, shall be taken vivâ voce at the hearing accordingly, and the facts and issues as to which any such order shall direct that the evidence in chief shall be taken vivâ voce at the hearing shall be distinctly and concisely specified in such order; but in case the judge shall be satisfied that such application is unreasonable or made for the purpose of delay, oppression or vexation, he may refuse to make any such order, and where any such order shall have been made, the examination in chief, as well as the cross-examination and re-examination, shall be taken before the court at the hearing as to the facts and issues specified in such orders. And no affidavit or

evidence taken before an examiner shall be admissible at the hearing of any such cause in respect of any fact or issue which shall be included in any such order as aforesaid.

4. Evidence as to facts not included in any such order.]— Save as aforesaid, and save in the case mentioned in the 11th of these rules, it shall not be competent to the plaintiff or any defendant to require, by notice or otherwise, that the evidence in chief to be used at the hearing of a cause shall be taken orally. But except as to facts or issues included in any order directing evidence in chief to be taken vivâ voce at the hearing under the 3rd of these rules, each party in a cause in which such issue is joined shall be at liberty to verify his case either wholly or partially by affidavit, or wholly or partially by the oral examination of witnesses ex parte before one of the examiners of the court, or before a special examiner in the manner prescribed by the 6th of these rules.

5. Closing of evidence to be used at the hearing.]—The evidence in chief on both sides, in any cause in which issue is joined, to be used at the hearing thereof in respect of facts and issues not included in any order for taking evidence in chief vivâ voce at the hearing under the 3rd of these rules, shall, whether taken by affidavit or before an examiner (and including the cross-examination and reexamination of any witness or other person under the 10th and 11th of these rules), be closed within eight weeks after issue joined unless the time be enlarged by special order.

6. Alteration in the mode of taking evidence before an examiner.]-Except in the cases mentioned in the 10th, 11th, 15th and 17th of these rules, all examinations taken by the examiners of the court or by any special examiner for the purpose of being used at the hearing of a cause in which issue is joined shall be taken ex parte, and no person shall have a right to be present at the taking of any such examination except the party producing the witness, his counsel, solicitors and agents; and every examination so taken er parte shall be deemed to be an affidavit, and the examiner, before transmitting the same to the office of the clerks of records and writs to be filed, shall mark the same as taken ex parte, and the clerks of records and writs shall deal with the same as an affidavit.

7. Cross-examination before the court.]-Except in the cases mentioned in the 10th, 11th, 16th and 17th of these

rules, no cross-examination of any deponent or witness, or of any party to be used at the hearing of a cause in which issue is joined, shall be taken otherwise than before the court at the hearing.

10. Agreement to take evidence under the old practice.]— Notwithstanding any of the preceding rules, if at any time after issue joined the parties shall, by writing signed by them or their respective solicitors, and filed at the office of the clerks of records and writs, agree that the oral examination in chief and cross-examination of any witness or witnesses (whether a party or parties or not) or the crossexamination of any person or persons who shall have made an affidavit or affidavits, or who shall have been examined ex parte before an examiner, shall be taken before one of the examiners of the court, or a special examiner in manner provided by the stat. 15 & 16 Vict. c. 86, such examination may be taken accordingly; and in case by virtue of any such agreement any witness or person shall be examined in chief before the examiner or special examiner, the cross-examination and re-examination of such witness or person shall be taken before the same examiner or special examiner or his successor in office, and the cross-examination of every witness so examined in chief shall immediately follow his examination in chief, and the re-examination of every witness or person so cross-examined shall immediately follow his cross-examination.

11. Examination of witnesses who are old, infirm, &c.]— Notwithstanding any of these rules the court or the judge in chambers may direct that the oral examination and crossexamination of any witness (whether a party or not), or the cross-examination of any person who has been examined ex parte before an examiner, or made an affidavit, shall be taken before an examiner of the court or a special examiner in the manner prescribed by the statute 15 & 16 Vict. c. 86, as if these rules had not been made, in case it shall appear to the judge that owing to the age, infirmity or absence out of the jurisdiction of such witness or person, or for any other cause which to the judge shall appear sufficient, it is expedient that such direction should be given. Such direction may be obtained on application to the court or the judge in chambers on notice.

EVIDENCE IN INDIA.

ACT II. OF 1855, ss. 6—16, 18-22, 24—51.

VI. All such courts and persons (a) aforesaid shall take judicial notice of all divisions of time, of the geographical divisions of the world, of the territories under the dominion of the British Crown, of the commencement, continuation and limitation of hostilities between the British Crown and any other state, and also the existence, title and national flag of every sovereign or state recognized by the British Crown. In all the above cases, such court or person may resort for its aid to appropriate books or documents of reference.

VII. Any government gazette of any county, colony or dependency under the dominion of the British Crown may be proved by the bare production thereof before any of the courts or persons aforesaid.

VIII. All proclamations, acts of state, whether legislative or executive, nominations, appointments, and other official communications of the government, appearing in any such gazette may be proved by the production of such gazette, and shall be prima facie proof of any fact of a public nature which they were intended to notify.

IX. Any recital contained in any act of the GovernorGeneral of India in council constituted for the purpose of making laws and regulations hereafter to be passed of any fact of a public nature shall be deemed, before all such courts and persons, to be primâ facie evidence of the truth of the fact recited.

X. The gazette or newspaper containing any advertisement purporting to be published by virtue of any public statute, act, regulation or ordinance, or of any rule or order of a court of justice, or of any board or officer of revenue, may be received by any such courts or persons as aforesaid as primâ facie evidence that such advertisement was

(a) I. e. persons having authority to take evidence (s. 2).