The Theory of the Judicial Practice of the Colony of the Cape of Good Hope, and of South Africa Generally: With Suitable and Copious Practical Forms Subjoined to and Illustrating the Practice of the Several Subjects Treated of

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J.C. Juta, 1902 - 954 pages
 

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Page 358 - ... the court or a judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial, on such conditions as the court or judge may think reasonable...
Page 686 - It shall be lawful for the court or a judge at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such cause or matter, as the court or judge shall think right; and the court may deal with such documents, when produced, in such manner as shall appear just.
Page 501 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Page 381 - Majesty's dominions in relation to civil and commercial matters pending before foreign tribunals ; " and all the provisions of that act shall be construed as if the term civil matter included a criminal matter, and the term cause included a proceeding against a criminal : Provided that nothing in this section shall apply in the case of any criminal matter of a political character.
Page 764 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.
Page 152 - Testimony may be taken on commission in the usual way by written interrogatories and cross-interrogatories, on motion to the court in term time, or to a judge in vacation, for special reasons satisfactory to the court or judge.
Page 686 - Any party may, without filing any affidavit, apply to the Court or a Judge for an order directing any other party to any cause or matter to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein.
Page 876 - ... any meat drink entertainment or provision to or for any person, for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at...
Page 831 - ... chambers and in the respective offices of the masters of each court; and such master shall be considered as the vacation master. 2. In order to diminish as much as possible the costs arising from the copying of documents to accompany the briefs of counsel, the masters are to allow only the copying of such documents, or such parts of documents, as they may consider necessary for the instruction of counsel, or for use at the trial. 3. No fee to counsel to be allowed on writs of trial, except on...
Page 283 - British court elsewhere having jurisdiction in bankruptcy or insolvency, and the officers of those courts respectively, shall severally act in aid of and be auxiliary to each other in all matters of bankruptcy, and an order of the court seeking aid...

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