EXAMINATION OF WITNESSES

Ul. That every petitioner, or "party who shall have entered an appearance, shall be at liberty to produce any witness for examination before the judge, in any motion or other matter pending before the said judge, on which such petitioner or other party may have a right to appear and be heard ; and every such witness shall be examined orally in open court ; and his deposition shall be taken down by the clerk in court in the first person, not by way of question and answer, but consecutively ; and every such witness shall be subject to cross-examination, and reexamination, which shall be taken down in like manner by the clerk in court.

113. That if any such petitioner or party shall desire to have an examination of witnesses ])y commission in any matter so pending before the judge, he may apply to the judge by motion on notice, to be served on the several parties in the said matter, and such other parties as the judge may think proper, supported by an affidavit or affidavits showing the necessity for such commission ; and the judge, upon hearing all 'parties, may order that a commission shall issue for the examination of such witnesses, under the seal of the court, directed to a commissioner or commissioners to be named in such order, or to a commissioner to be nominated by the parties whom the judge shall name for that purpose in the order ; and which commission shall issue on such terms or conditions as to costs or otherwise as the judge may think fit ; and no officer of the court shall be appointed a commissioner, whether by agreement or otherwise ; and every such commission shall be returnable without delay.

'tis. That every commission for the examination of witnesses shall be in a form to be approved of by the judges ; and every witness produced before such commissioner shall be examined, and be subject to cross-examination and re-examination as in the case of witnesses produced before the judge. And the commissioner shall take down the evidence of every such witness in

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the first person, hut not l»y (lueslion and answer, except when any question shall he ohjecled to ; and in such case the commissioner shall not decide on the validity of such objection, but having taken the question down in writing, he shall require the parly objecting to deliver a written objection, staling the ground thereof, which objection he shall annex to the deposition, and the commissioner shall thereupon put the (juestion, and take down the answer of the witness ; and such examination shall, in all respects, save as herein pi'ovided, be subject to the provisions in force for the examination of witnesses by commissions issuing out of any of Her Majesty's superior courts of common law in Ireland.