This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 Excerpt: ...& K. (n. P.) 728. 4. To render a deposition taken before the Master under a judge's order, admissible on the ground of the witness being abroad, evidence must be given to satisfy the judge of the witness being out of the jurisdiction of the Court. Varicas v. French, 2 Car. & K. (n. P.) 1009. 5. A judge at chambers cannot grant a writ in the nature of a mandamus, or commission, to examine witnesses in India or the Colonies, under 13 Geo. 3, c. 63, s. 44, & 1 Will. 4, c. 22. Clarke v. East India Company, 6 Dowl. & L. (p. c.) 278. 6. An order for examination under interrogatories will not usually be granted before issue joined; and was refused before plea pleaded, although witness was very ill and might die in the mean time. Clutterbuck v. Jones, 6 Dowl. & L. (p. c.) 251. 7. A commission was granted without imposing terms, to enable defendant to examine witnesses, although the affidavit did not show that the evidence would be admissible, and the witnesses lived some distance off, and great delay would be occasioned. Dye v. Bennett, 1 L. M. & P. (p. c.) 92. 8. The ordinary form of the commission, under 1 Will. 4, c. 22, will not be departed from, without special grounds. Follett v. Delany, 7 Man. Gr. & Sc. (c. p.) 775. C Action Against. In case for not obeying a subpama, the declaration alleging that the plaintiff had a good cause of action; one of the pleas (the eighth) traversed that fact; the plaintiff had a verdict on all the issues except the eighth: held, that he was entitled to judgment non obstante veredicto on that issue, and that there was no need of a repleader; and that, in such an action, the plaintiff must show that he has sustained damage from the non-attendance of the defendant; and that, where there are several issue...