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

J.C. Juta, 1902 - 954 pages
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Page 636 - 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 698 - R% is liable for the consequences of ignorance or non-observance of the rules of practice of this court ; for the want of care in the preparation of the cause for trial ; or of attendance thereon with his witnesses ; and for the mismanagement of so much of the conduct of a cause, as is usually and ordinarily allotted to his department of the profession. Whilst on the other hand, he is not answerable for error in judgment upon points of new occurrence, or of nice or doubtful construction, or of such...
Page 328 - ... at the trial of any action or at any assessment of damages shall be examined viva voce and in open court; but the court or a judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit...
Page 712 - 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 744 - ... as to costs only, which by law are left to the discretion of the court.
Page 698 - It would be extremely difficult to define the exact limit by which the skill and diligence which an attorney undertakes to furnish in the conduct of a cause is bounded; or to trace precisely the dividing line between that reasonable skill and diligence which appears to satisfy his undertaking, and that crassa negliyentia, [ *468 ] or *lata culpa mentioned in some of the cases, for which he is undoubtedly responsible.
Page 349 - An Act to provide for taking evidence in Her 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...
Page 189 - AB as for his costs and charges by him about his suit in that behalf expended, whereof the said CD...
Page 126 - 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 636 - 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.

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