SPECIAL Case-continued.

Judgment may be entered for the sum so agreed, with or without costs, and execution issue forthwith, unless— (a) Otherwise agreed; or

(b) Unless stayed on appeal (Ord. 34, r. 6).

This order is to apply

1. To every special case stated in an action; or 2. In any proceeding incidental to an action. And no special case is hereafter to be stated under the 13 & 14 Vict. c. 35 (Ord. 34, r. 7).

EVIDENCE generally.

In the absence of agreement between the parties, the witnesses

(a) At the trial of any action, or

(b) On any assessment of damages,

are to be examined vivâ voce and in open Court, unless the Court or a Judge orders

1. Any particular fact to be proved by affidavit ;

or

2. That any affidavit which has been made may be read; or

3. That any witness whose attendance ought for some sufficient reason to be dispensed with be examined by interrogatories or otherwise before a commissioner or examiner (Ord. 37, r. 1).

[Proviso. Provided, that when it appears that the other party bonâ fide wishes to cross-examine a witness, an order shall not be made authorizing the evidence of such witness to be given by affidavit (Ord. 37, r. 1).]

Upon (a) Any motion,

(b) Petition, or

(c) Summons,

evidence may be given by affidavit; but the Court may order the attendance for cross-examination of the person

EVIDENCE generally-continued.

making such affidavit, upon application by either party (Ord. 37, r. 2).

[Affidavits are to be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted (Ord. 37, r. 3).]

The costs of affidavits which unnecessarily set forth— (a) Matters of hearsay,

(b) Argumentative matter, or

(c) Copies of, or extracts from, documents,

are to be paid by the party filing such affidavits (Ord. 37, r. 3).

The Court and Judge may, where it appears necessary, 1. Make an order for the examination upon oath of any witness or person—

(a) Before any officer of the Court, or before

(b) Any other person or persons, and

(c) At any place; and

2. May order any deposition so taken to be filed in Court; and

3. May empower any party to give such deposition in evidence on such terms as the Court or Judge may direct (Ord. 37, r. 4).

Evidence by affidavit. Where the parties have consented that the evidence shall be by affidavit1. The plaintiff is to file his affidavits

(a) Within fourteen days after such consent, or

(b) Within such time as the parties may

agree upon, or

(c) Within such time as a Judge in Chambers may allow ;

and 2. Must deliver to the defendant or his solicitor a

list thereof (Ord. 38, r. 1).

EVIDENCE by Affidavit-continued.

1. The defendant is to file his affidavits

(a) Within fourteen days after delivery of the plaintiff's list, or

(b) Within such time as the parties may

agree upon, or

(b) Within such time as a Judge in Chambers may allow ;

and 2. Deliver to the plaintiff or his solicitor a list
thereof.

1. The plaintiff shall file his affidavit in reply—
(a) Within seven days after the expiration
of the fourteen days aforesaid, or

(b) Within such other time as aforesaid.

2. He is to confine such affidavits to matters strictly in reply, and

3. Is to deliver to the defendant or his solicitor a list thereof (Ord. 38, r. 3).

When the evidence is taken by affidavit, any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party, may serve upon the party by whom such affidavit has been filed a notice in writing, requiring the production of the deponent for cross-examination before the Court at the trial (Ord. 38, r. 4).

Such notice as last mentioned is to be served

(a) At any time within fourteen days after the expiration of the time limited for filing affidavits in reply; or

(b) Within such time as in any case the Court or a Judge may specially appoint (Ord. 38, r. 4).

Unless such deponent is produced, his affidavit shall not be used as evidence unless by the special leave of the Court (Ord. 38, r. 4).

The party producing such deponent for cross-examination shall not be entitled to demand the expenses thereof

EVIDENCE by Affidavit-continued.

in the first instance from the party requiring such production (Ord. 38, r. 4).

The party to whom such notice is given shall be entitled to compel the attendance of the deponent for cross-examination in the same way as he might compel the attendance of a witness to be examined (Ord. 38, 1. 5).

When the evidence in any action is taken by affidavit, such evidence is to be printed, and the notice of trial given at the same time after the close of the evidence as in other cases is by these rules provided after the close of the pleadings (Ord. 38, r. 6).

[Generally, by Order 45, a similar practice is provided as heretofore in the Courts of Law.]

CHARGING of Stock, &c., and Distringas.

Any order charging stock or shares may be made by(a) Any Divisional Court, or

(b) By any judge.

And the proceedings for obtaining such order shall be such as are directed and the effect shall be such as is provided by 1 & 2 Vict. c. 110, ss. 14 and 15, and 3 & 4 Vict. c. 82, s. 1 (Ord. 46, r. 1).

[In the following rules "company" includes the governor and company of the bank of England, and any other public company, whether incorporated or not, to which 5 Vict. c. 5, s. 5, applies, and the expression "stock" includes shares, securities and money (Ord. 46, r. 3).

Any person claiming to be interested in any stock standing in the books of a company may—

(i.) On making an affidavit (a) in the form, or

(b) to the effect of the form B. 28 in the schedule to the act; and

CHARGING of Stock, &c.-continued.

(ii.) On filing the same in the central office (a) with a notice in the form, or (b) to the effect of the form B. 23; and

(iii.) On procuring (a) an office copy of the affi

davit, and (b) a duplicate of the filed notice, serve the office copy and duplicate notice on the company (Ord. 46, r. 4).

There shall be appended to the affidavit a note stating

(a) The person on whose behalf it is filed;

(b) The address to which notices are to be sent ; and notices are to be deemed to have been sent in, sent by prepaid letter to the person, at that address; and the address may be altered from time to time (Ord. 46, rr. 5, 6).

Service of the office copy affidavit and duplicate notice, shall for the period of five years from the date of service, but no longer, have the same effect as a writ of distringas under 5 Vict. c. 5, s. 5 (Ord. 46, r. 7).

The original notice may be renewed by notice from time to time, signed by the party giving the same, and served on the company, before the expiration of five years from the original notice; or if more than one, then before expiration of five years from the last notice (Ord. 46, r. 8).

A notice filed as above may at any time be

1. Withdrawn, by the person by whom or on whose behalf it was filed, on a written request signed by him; or

2. Made to cease, by—

(a) An order to be obtained on motion; or (b) By petition, duly served by any other person claiming to be interested in the stock sought to be affected by the notice (Ord. 46, r. 9).