(2)
(a)
(b)
ORDER 2:
Every Commissioner for Oaths shall, by virtue of his commission be deemed for
all purposes of administration of oath, taking of affidavits and attestation of
documents to be an official of the Court and for such purpose may exercise all the
powers of any Court in the same manner as a Judge thereof; provided that:a Commissioner for Oaths shall not affix the seal of any Court but shall instead
where necessary affix a seal approved by the Chief Justice;
the fees prescribed for the administration of an oath, taking of an affidavit or
attestation of documents shall be paid to and be retainable by a Commissioner for
Oaths in respect of any oath administered, affidavit taken or document attested by
him.
COMMISSIONS
1.
Subject to such conditions and limitations as may be prescribed, the Court may issue a
commission:(a) to examine any person;
(b) to make local investigations and valuation;
(c) to examine or adjust accounts;
(d) to make partitions.
2.
(1) The Court may at any time before passing a decree issue a commission for the
examination of:(a) any person resident within the local limits of its jurisdiction who is
from sickness or infirmity unable to attend;
(b) any person resident beyond such local limits;
(c) any public servant who cannot in the opinion of the Court attend
without detriment to the public service.
(2)
A commission for the examination of any person may be issued to any Court
having jurisdiction in the place in which the person to be examined resides and
the Court receiving a commission for the examination of any person shall
examine him or cause him to be examined and when the commission has been
duly executed it shall be returned, together with the evidence taken under it, to the
Court from which it was issued, unless the commission otherwise directs.
(3)
Where on the application of any party evidence is taken on commission the
opposite party shall, if it is practicable, be afforded an opportunity of crossexamining the witness giving the evidence, and such evidence shall subject to all
just exceptions, be read as evidence in the suit and shall form part of the record.
When such party has not had the opportunity of cross-examining the witness, the
evidence shall not, except for any special reasons to be recorded by the Court, be
read as evidence in the suit or form part of the record.
In lieu of issuing a commission, the Court may issue a letter of request to examine
a witness not within the New Sudan.
(4)
(5)
75
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