Procedure in the Court of the Vice Warden of the Stannaries: New Orders, Rules and Forms, with an Appendix of Statutes and an Introductory Notice on the Jurisdiction of the Court in Relation to Mining Companies

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H. Sweet, 1856 - 288 páginas
 

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Página 140 - 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.
Página 139 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall, in the opinion of the 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...
Página 139 - A witness may be cross-examined as to previous statements made by him in writing, or reduced into writing, relative to the subject-matter of the cause, without such writing being shewn to him ; but if it is intended to contradict such witness by the writing, his attention must, before such contradictory, proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him...
Página 138 - 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...
Página 106 - ... the costs of this execution ; and also to seize and take any money or bank notes (whether of the Bank of England or of any other bank), and any cheques, bills of exchange, promissory notes, bonds, specialties, or securities for money of the...
Página 142 - Judges shall be of the same effect as the verdict of a jury, save that it shall not be questioned upon the ground of being against the weight of evidence...
Página 115 - ... writ shall be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited...
Página 170 - ... claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating...
Página 140 - 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.
Página 121 - Act annexed, or as near thereto as the Circumstances of the Case will admit...

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