The Common Law Procedure Act, 1854, (17 & 18 Vict., Cap. 125,) with Practical Notes: An Introduction, Explaining the Nature and Extent of the Equitable Jurisdiction Conferred on the Superior Courts of Common Law ; the Changes Effected in the Law of Evidence ; and the Alterations in Practice Introduced by the Statute ; and a Copious Index

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Butterworths, 1854 - Procedure (Law) - 124 pages
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Page 25 - Judge, prove adverse, contradict him by other evidence, or, by leave of the Judge, prove that he has made at other times a statement inconsistent with his present testimony; but before such last-mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement 4.
Page 21 - If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following; videlicet, " I, AB, do...
Page lxxxi - Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.
Page 17 - If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.
Page xxxviii - ... court, upon such terms as to costs and otherwise as such court or judge shall think reasonable ; and the decision or order of such court or judge, or the award or certificate of such referee, shall be enforceable by the same process as the finding of a jury upon the matter referred.
Page 16 - In any of the following cases — (a) where a submission provides that the reference shall be to a single arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an arbitrator; (b) if an appointed arbitrator refuses to act...
Page lxxviii - It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may be proved by admission or otherwise, as if there had been no attesting witness thereto.
Page 50 - Either party shall be at liberty to apply to the court or a judge for a rule or order for the inspection by the jury, or br himself, or by his witnesses, of any real or personal property the inspection of which may be material to the proper determination of the question in dispute...
Page 76 - Courts shall be three, from time to time to make all such general rules and orders for the effectual execution of this Act, and of the intention and object hereof...
Page 47 - Act, 1854 (a), which enacted, that " in all causes in any of the superior courts, by order of the court or a judge, the plaintiff may (with the declaration), and the defendant may (with the plea), or either of them, by leave of the court or a judge, may at any other time, deliver to the opposite party, or his attorney (provided such party, if not a body corporate, would be liable to be called and examined as a witness upon such matter), interrogatories in writing upon any matter as to which discovery...

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