10.
(1)
(2)
Where a commission is issued, the Court shall direct that the parties to the suit
shall appear before the Commissioner and, subject to the provisions of this Act,
may direct that a summons be issued to any person to appear as a witness or
to produce any document before the Commissioner.
Where all or any of the parties do not so appear, the Commissioner may proceed
in their absence.
Explanation - In this order, the term “Commissioner” means the person to whom a
Commission is issued by a Court.
ORDER 3.
1.
ATTESTATION OF DOCUMENTS
(1) The attestation of a document shall be made by the judge in the presence of two
witnesses who shall be adult males, resident in the New Sudan, having no interest in the
document and neither of them being the father, son or husband of any party to the
document.
(2) Where the judge does not know the person whose signature is to be attested such
person shall be accompanied by the Chief, or other credible witness for the purpose
of establishing his identity.
(3) The same person may be a witness of identity and a witness of the attestation.
(4) The judge shall satisfy himself that the person whose signature is attested fully
understands the purpose of the document.
(5) Where any person desires to have a certificate that any document is an exact copy of
another document he shall produce the two documents to the Court, and the judge
shall satisfy himself that the two documents are exact copies of one another, and
shall write upon each, a certificate to that effect under his signature; and one of the
copies shall be filed in the Court and the other shall be returned to the person
producing the document.
ORDER 4:
PROTESTS
1.
The High Court judge shall appoint in such Courts of the Circuit as he thinks necessary a
person to act as protest clerk for the purpose of presenting, protesting and registering
protests of bills.
2.
Where the holder desires to protest a bill for non-acceptance or non-payment he shall
deliver it to the Court within whose local limits of jurisdiction is the place where the bill
is payable to the person against whom the protest is to be made has a dwelling place or a
place of business and the Court shall not, if the prescribed formalities have been
complied with, refuse to make the protest, except where the holder applies for protest for
non-payment when the bill is not then due.
3.
(1)
Presentment for protest for non-acceptance shall be made at the dwelling place or
place of business of the drawer or other person against whom the protest is to be made.
(2)
Presentment for protest for non-payment shall be made:-
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