Div 8Witnesses and Depositions.

Division 8.—Witnesses and Depositions.

Subpœna

64. A subpœna for the attendance of a witness shall be issued by the Court at the instance of an Official Receiver, a trustee, a creditor, a debtor, or any applicant or respondent in any matter, with or without a clause requiring the production of books, deeds, papers, documents, and writings in his possession or control, and in the subpœna the name of three witnesses may be inserted.

Service of subpœna.

65. A sealed copy of the subpœna shall be served personally on the witness by the person at whose instance it is issued, or by his solicitor, or by an officer of the Court, or by some person in their employ, within a reasonable time before the time of the return thereof.

Proof of service.

66. Service of the subpœna may, when required, be proved by affidavit.

Limit of witnesses’ costs.

67. The Court may in any matter limit the number of witnesses to be allowed on taxation of costs, and their allowance for attendance shall in no case exceed the highest rate of the allowances mentioned in the scale of costs.

Costs of witnesses

68. The costs of witnesses, whether they have been examined or not, may, in the discretion of the Court, be allowed.

Payment of shorthand writer, &c.

69. Where the Court appoints a shorthand writer to take down the evidence of the bankrupt or witnesses or of any other person or of any of them, the person so appointed shall be paid a sum not exceeding a guinea a day and a further sum not exceeding sixpence per folio of seventy-two words for any transcript of the evidence or such other sum per day or per folio as the Registrar deems reasonable.

Depositions.

70. The Court may, in any matter where it appears necessary for the purposes of justice, make an order for the examination upon oath before the Court or any officer of the Court, or any other person, and at any place, of any witness or person, and may empower any party to any such matter to give the deposition in evidence therein on such terms (if any) as the Court directs.

Form of commission.

71. An order for a commission or letter of request to examine witnesses, and the writ of commission or request, shall follow the forms for the time being in use in the High Court, with such variations as circumstances require.

Production of documents.

72. The Court may, in any matter, at any stage of the proceedings, order the attendance of any person for the purpose of producing any writings or other documents named in the order, which the Court thinks necessary to be produced.