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" Judge that the other party bond fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. "
Bradshaw's railway almanack, directory, shareholders' guide, and manual - Page 525
by George Bradshaw - 1848
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Parliamentary Papers, Volume 5

Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...examiner ; provided that where it appears to the Court or ' 5 Judge that the other party bona fide desires the production of a witness for cross-examination,...evidence of such witness to be given by affidavit. 37. Upon any interlocutory application evidence may be given by affidavit ; Evidence at but the Court...
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The Supreme Court of Judicature Act, 1873: With Rules of Procedure ..., Page 941

Great Britain, Thomas Preston - Civil procedure - 1873 - 244 pages
...Commissioner or examiner : Provided that where it appears to the Court or Judge that the other party bona fide desires the production of a witness for cross-examination,...evidence of such witness to be given by affidavit. Evidence at interlocutory application. 37. Upon any interlocutory application evidence may be given...
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The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - Civil procedure - 1874 - 456 pages
...Commissioner or examiner ; provided that where it appears to the Court or Judge that the other party bona fide desires the production of a witness for cross-examination,...evidence of such witness to be given by affidavit. Evidence at 37- Upon any interlocutory application evidence mteriocu- may be given by affidavit ; but...
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A Collection of the Cases Decided Under the 2nd Section ..., Volume 1; Volume 40

Ralph Neville - Law - 1874 - 910 pages
...for cross-examination and that such witness can be produced, an order shall not be made anthorizing the evidence of such witness to be given by affidavit....taken before an Assistant Commissioner or other person authorized to take them may be read at the hearing without calling the deponents unless the Commissioners...
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The Practice Before the Railway Commissioners Under "The Regulation of ...

Robert Gordon Junner - Railroads - 1874 - 292 pages
...witness for cross-examination, and that such witness can be produced, an order is not made authorizing the evidence of such witness to be given by affidavit....before an " Assistant Commissioner or other person authorized to take them, can be read at the hearing, unless the Commissioners otherwise order. (Order...
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The New System of Practice and Pleading Under the Supreme Court of ...

Sir William Thomas Charley - Civil procedure - 1875 - 754 pages
...commissioner or examiner ; provided that where it appears to the Court or Judge that the other party bonafide desires the production of a witness for cross-examination,...evidence of such witness to be given by affidavit. This Rule is a re-enactment of Rule 36 of the Principal Act. The Rule is a curious compromise between...
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The Supreme Court of Judicature Acts 1873 and 1875: With the Rules, Orders ...

William Downes Griffith - Civil procedure - 1875 - 700 pages
...the production Restriction on of a witness for cross-examination, and that such witness can 110wcrbe produced, an order shall not be made authorising the...evidence of such witness to be given by affidavit. The alteration of the practice in the Court of Chancery made by In Chancery, this rule will be very...
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The Practice Before the Railway Commissioners: Under the Regulation of ...

John Hutton Balfour Browne - Railroad law - 1876 - 388 pages
...for cross-examination and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit....taken before an Assistant Commissioner or other person authorized to take them may be read at the hearing without calling the deponents unless the Commissioners...
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The Proceedings in an Action in the Queen's Bench, Common Pleas, and ...

Samuel Prentice - Civil procedure - 1877 - 358 pages
...desires the production of a witness for crossexamination, and that he can be produced, an order cannot be made authorising the evidence of such witness to be given by affidavit (0. 37, r. 1). , Within fourteen days after a consent for taking evidence by affidavit as between the...
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A Treatise on the Law of Evidence: As Administered in England and ..., Volume 2

John Pitt Taylor - Evidence (Law) - 1878 - 968 pages
...parties cited had appeared. Cook «. Tomlinson, 24 WR, PD 851. 5 Rules of Sup. Ct., Grd. xxxvii, R. 1. not be made authorising the evidence of such witness to be given by affidavit."1 § 1396. Upon any motion, petition, or summons, evidence, indeed, may be given by affidavit;3...
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