hereby are altered in the manner and to the extent prescribed by the following Rules, but not further or otherwise. Abrogation of certain rules in the Consoli II. The Rules numbered respectively 3 and 4 of the 18th of the Consolidated General Orders, and the Rules numbered dated Orders. respectively 3, 7, 9 and 13 of the 19th of the same Orders, are hereby abrogated. Order to take evidence vivå voce at the hearing. III. In any cause in which issue is joined, the plaintiff or any defendant may, at any time within fourteen days after issue joined, apply to the Judge in Chambers, by summons to be served on the opposite party, for an order that the evidence in chief as to any facts or issues (such facts and issues to be distinctly and concisely specified in the summons) may be taken vivâ voce at the hearing of the cause; and the Judge may make an order that the evidence in chief as to such facts and issues or any of them, shall be taken vivâ voce at the hearing accordingly; and the facts and issues as to which any such order shall direct that the evidence in chief shall be taken vivâ voce at the hearing, shall be distinctly and concisely specified in such order; but in case the Judge shall be satisfied that such application is unreasonable, or made for the purpose of delay, oppression, or vexation, he may refuse to make any such order; and where any such order shall have been made, the examination in chief, as well as the cross-examination and re-examination, shall be taken before the Court at the hearing as to the facts and issues specified in such order. And no affidavit or evidence taken before an Examiner shall be admissible at the hearing of any such cause in respect of any fact or issue which shall be included in any such order as aforesaid. IV. facts not in cluded in any such order. Save as aforesaid, and save in the case mentioned in the Evidence as to 11th of these Rules, it shall not be competent to the plaintiff or any defendant to require, by notice or otherwise, that the evidence in chief to be used at the hearing of a cause shall be taken orally. But except as to facts or issues included in any order directing evidence in chief to be taken vivâ voce at the hearing under the 3rd of these Rules, each party in a cause in which issue is joined, shall be at liberty to verify his case either wholly or partially by affidavit, or wholly or partially by the oral examination of witnesses ex parte before one of the Examiners of the Court, or before a Special Examiner, in the manner prescribed by the 6th of these Rules. V. dence to be The evidence in chief on both sides in any cause in Closing of evi which issue is joined, to be used at the hearing thereof, in used at the respect of facts and issues not included in any order for hearing. taking evidence in chief vivâ voce at the hearing under the 3rd of these Rules shall, whether taken by affidavit or before an Examiner (and including the cross-examination and re-examination of any witness or other person under the 10th and 11th of these Rules), be closed within eight weeks after issue joined, unless the time be enlarged by special order. VI. the mode of Except in the cases mentioned in the 10th, 11th, 16th Alteration in and 17th of these Rules, all examinations taken by the taking evidence Examiners of the Court, or by any special Examiner, for before an Ex aminer. Cross-examination before the Court. Setting down and hearing, is to be taken vivâ voce the purpose of being used at the hearing of a cause in which issue is joined shall be taken ex parte, and no person shall have a right to be present at the taking of any such examination except the party producing the witness, his counsel, solicitor and agents; and every examination so taken ex parte shall be deemed to be an affidavit; and the Examiner, before transmitting the same to the Office of the Clerks of Records and Writs to be filed, shall mark the same as taken ex parte, and the Clerks of Records and Writs shall deal with the same as an affidavit. VII. Except in the cases mentioned in the 10th, 11th, 16th, and 17th of these Rules, no cross-examination of any deponent or witness, or of any party to be used at the hearing of a cause in which issue is joined, shall be taken otherwise than before the Court at the hearing. VIII. Where any such order as is mentioned in the 3rd where evidence of these Rules has been made, the Clerks of Records and Writs, upon giving a certificate that the cause is ready for hearing, shall make, in or upon the certificate, an entry showing that an order for taking evidence in chief vivâ voce at the hearing has been made. And the Registrars in setting down the cause for hearing in the cause-book of the Judge to whose Court the same is attached, shall mark the same so as to indicate that the taking of evidence in chief vivâ voce at the hearing has been ordered; and the same shall not come on to be heard without the special direction of the Court, which may be obtained upon an application to the Court, by either party upon notice, to have a day fixed for the hearing. IX. pelling attend Where any such order, as mentioned in the 3rd of these Mode of com Rules, has been made, each party shall be at liberty to sue ance of out, at the Record and Writ Clerks' Office, subpoenas ad witnesses. testificandum and subpoenas duces tecum, to compel the attendance at the hearing of witnesses whom he may desire to produce on any issue or matter of fact included. in such order. Such subpoenas may be according to the forms of subpoenas now in use in this Court, with such variations as the circumstances of the case shall require. X. take evidence Notwithstanding any of the preceding Rules, if at any Agreement to time after issue joined, the parties shall, by writing signed under the old by them or their respective solicitors, and filed at the office practice. of the Clerks of Records and Writs, agree that the oral examination in chief and cross-examination of any witness or witnesses (whether a party, or parties, or not), or the cross-examination of any person or persons who shall have made an affidavit or affidavits, or who shall have been examined ex parte before an Examiner, shall be taken before one of the Examiners of the Court, or a Special Examiner, in manner provided by the Stat. 15 and 16 Vict., c. 86, such examination may be taken accordingly: and in case, by virtue of any such agreement, any witness or person shall be examined in chief before the Examiner or Special Examiner, the cross-examination and re-examination of such witness or person shall be taken before the same Examiner or Special Examiner, or his successor in office; and the cross-examination of every witness so examined in chief shall immediately follow his examination in chief, and the re-examination of every witness or person so cross-examined shall immediately follow his cross examination. Examination of witnesses who etc. XI. Notwithstanding any of these Rules, the Court, or the are old, infirm, Judge in Chambers, may direct that the oral examination and cross-examination of any witness (whether a party or not), or the cross-examination of any person who has been examined ex parte before an Examiner, or made an affidavit shall be taken before an Examiner of the Court or a Special Examiner, in the manner prescribed by the Stat. 15 & 16 Vict., c. 86, as if these Rules had not been made, in case it shall appear to the Judge that owing to the age, infirmity, or absence out of the jurisdiction of such witness or person, or for any other cause which to the Judge shall appear sufficient, it is expedient that such direction should be given. Such direction may be obtained on application to the Court or the Judge in Chambers, on notice. Attendance of Examiner in such cases. XII. In the case of the examination or cross-examination, under the last preceding Rule, of any person in England or Wales, the party requiring such examination or crossexamination may apply to the Court or the Judge in Chambers for an order that one of the Examiners of the Court may attend, for the purpose of such examination or cross-examination, at any place or places in England or Wales to be named in such order. Expenses of XIII. The Examiner shall, in respect of expenses incident to the performance of his duty under such order as mentioned |