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" Court or judge that the other party bona fide desires the production of a witness 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. "
The Weekly Notes - Page 314
1873
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1878 - 1082 pages
...having regard to the proviso, " that where it appears to the Court or a Judge that the other party bona fide desires the production of a witness for cross-examination,...witness can be produced, an order shall not be made authorising the evidence of that witness to be given by affidavit." Now, it appears to me here, that...
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Bradshaw's railway almanack, directory, shareholders' guide, and manual

George Bradshaw - 1848 - 686 pages
...for that purpose, provided that when it appears to the Commissioners that the other party bonaßde desires the production of a witness for cross-examination,...witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. Depositions taken before an Assistant...
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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,...witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. Evidence at interlocutory application....
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Parliamentary Papers, Volume 5

Great Britain. Parliament. House of Commons - Great Britain - 1873 - 604 pages
...Commissioner or 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,...witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. 37. Upon any interlocutory application...
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A Collection of the Cases Decided Under the 2nd Section ..., Volume 1; Volume 40

Ralph Neville - Law - 1874 - 910 pages
...them for that purpose, provided that when it appears to the Commissioners that the other party bona fide desires the production of a witness for cross-examination...witness can be produced, an order shall not be made anthorizing the evidence of such witness to be given by affidavit. Depositions taken before an Assistant...
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The Law and Practice of the Supreme Court of Judicature, Comprising the ...

Wynne E. Baxter - Civil procedure - 1874 - 452 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,...witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. Evidence at 37- Upon any interlocutory...
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The Practice Before the Railway Commissioners Under "The Regulation of ...

Robert Gordon Junner - Railroads - 1874 - 292 pages
...them for that purpose, provided that when it appears to the Commissioners that the other party bond fide desires the production of a 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. Depositions taken before...
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The Law and Practice of the Supreme Court of Judicature

Arundel Rogers - Civil procedure - 1875 - 592 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. 1. In the absence of any agreement between the parties, 2. Upon any motion, petition, or summons evidence...
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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 bond fide desires the production of a witness for crossexamination,...that such witness can be produced, an order shall not lie made authorising the evidence of tuch witness to be given by affidavit. This Eule is re-enacted...
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The Practice Before the Railway Commissioners: Under the Regulation of ...

John Hutton Balfour Browne - Railroad law - 1876 - 388 pages
...them for that purpose, provided that when it appears to the Commissioners that the other party bona fide desires the production of a witness for cross-examination...be given by affidavit. Depositions taken before an Assistant Commissioner or other person authorized to take them may be read at the hearing without calling...
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