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10. All and every appointment of any
A p point. person or persons to the office of Justice of ments
since 1st July, the Peace made since the first day of July, 1878, confirm one thousand eight hundred and seventy-three, by the Lieutenant Governor, or by the Lieutenant Governor in Council, shall be deemed and taken to be a good and valid appointment; and every person so appointed shall be entitled to and be invested with all the rights, powers, privileges, immunities and advantages heretofore given and granted to and held, exercised and enjoyed by Justices of the Peace as well under and by virtue of the Commission of the Peace, as by any Act or Acts of the General Assembly or otherwise, and shall be subject to all the provisions of this Act in the same manner as if such person or persons had been appointed after the passing of this Act: And all and every Act and Acts, matter or thing otherwise regular, heretofore done and performed by any such person or persons in his or their capacity of a Justice of the Peace, including acknowledgments of relinquishment of dower in land by married women, shall be deemed and taken to be as good, valid and legal as if this Act had been passed and in force previous to such person or persons having been appointed.
An Act to amend An Act for the appointment of Comissioners beyond the limits of this
Province, to take Affidavits in the Supreme
[Assented to 7th of May, 1887. ] E it enacted by the Lieutenant Govenor,
Council and Assembly as follows:
1. The Second Section of the Act of the 39th Wic. Cap. Thirty-ninth Victoria, Chapter Twelve, is
hereby amended by striking out the word “ second,” in the second line thereof, and inserting in lieu thereof the word “first.”
Third Sec. of
2. The Third Section of the said Act is 12," amendea: hereby amended by striking out the word
"two,” in the second line of the same, and inserting in lieu thereof the word “one.”
How 39th Vic.
3. The said recited Act shall be read and construed as if these amendments had originally formed part thereof.
An Act to amend the Law concerning the examination of witnesses upon Interrogatories and under Commissions.
[Assented to, 7th May, 1887.]
E it enacted by the Lieutenant Governor,
Council and Assembly, as follows:
1. It is hereby declared that the provisions Vic. to apply of the Act, passed in the Thirty-seventh year der absent of Her Majesty's reign, intituled “ An Act to
consolidate and amend the Laws enabling the
Supreme Court of Judicature to order the examination of witnesses upon interrogatories and otherwise," apply to all actions depending or to be commenced in the said Supreme Court, under “ The absent Debtor Act, 1873,” or Acts in amendment thereof, or under Acts for the time being, regulating or authorizing proceedings against absent debtors.
2. Orders to examine witnesses within the How orders
for examina. jurisdiction, or for commissions for the exami- tion of witnations of witnesses out of the jurisdiction, be obtained. may be granted by the Court, or a Judge thereof, in term or vacation, upon application of the plaintiff or plaintiffs, or one of several plaintiffs, or of the attorney or agent of such plaintiff or plaintiffs, at any time after the declaration has been filed in such action.
3. Such application shall be founded upon Requisites of an affidavit showing when the Writ of Attach- application. ment was issued, and that a declaration has been filed in the action, and giving the name and the place of residence of one at least of the witnesses proposed to be examined, and alleging that such evidence is necessary and material, and thereupon an order shall issue for the examination of the witness or witnesses within the jurisdiction, or for a commission to issue for the examination of witnesses beyond the jurisdiction without a summons or rule nisi.
4. The examination of witnesses beyond Examination the jurisdiction shall be upon written interro-under gatories to be annexed to the commission, and it shall be lawful for the plaintiff or plaintiffs, his or their agents or attorneys, during the
progress of the examination to put such additional or further questions to the witness or witnesses as he or they shall think material; and the commissioner or person taking such evidence shall reduce such questions to writing, and return the same and the answers thereto as part of the examination.
Commission, to whom di
, of, etc.
5. Any commission, issued as aforesaid, rected, "form may be directed to one or more persons (not
exceeding three) as the Court or Judge may think proper; such commission may be in the form or to the effect of the form hereto annexed, marked A, and the order for such commission may be in the form hereunto annexed, marked B, and the return to such commission may be in the form hereunto annexed, marked C; and upon return of the commission in said form C, or to the effect of that form it shall be presumed that the commission was duly and regularly executed, and that the evidence or depositions were in every respect regularly taken conformable to the requirements thereof, and of the law.
6. Oaths may be administered to commissioners and witnesses viva voce, and need not appear in writing in the return.
7. The Court or Judge may confer other condere omhey powers and give special directions to the compowers, etc. missioners, (over and above those set out in
the form in Schedule A), provided the same be set forth in the order granting the commission and in the commission.
8. That upon the examiration of witnesses
in actions against absent absconding Copies of letdebtors, and on the trial of such actions, missible copies of all letters and writings written to such absent or absconding debtor, or delivered to him, shall be admissible in evidence (without notice to produce the originals) if it be proved to the satisfaction of the Judge trying the cause by evidence taken under commission or otherwise, that such copies are true copies of the originals, that the originals were delivered to or received by such absent or absconding debtor, or mailed, properly addressed to him, post paid, in time for the absent or absconding debtor to receive the same in the ordinary course of the mail, before he left the place to which such letters or writings were so addressed, provided the original letters or writings would be receivable in evidence if produced and proved.
9. It shall not be necessary to annex to any commission executed abroad, (whether issued under the said recited Act and i18 amendments, or under this Act), or to the depositions or evidence taken thereunder, or Copies from to the return with the same, books of accounts admissible in or books of original entries; but copies from evidence. the entries therein given in evidence, or extracts from such books, certified by the commissioner or commissioners as correct shall be admissible and may be read in evidence on the trial witnout further proof, saving all just exceptions which might have been taken to the originals if produced and proved in the ordinary manner.
10. The fact of the commissioner or commissioners having taken the oath required of path toe.com
. missioner, &c.