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177 When any rule or order shall be made for the examination of witnesses within the colony, it shall bo lawful for the Court or Judge thereof, in and by the first rule or order to be made in the matter, or any subsequent rule or order, to command the attendance of any person to be named in such rule or order, for the purpose of being examined, or the production of any writings or other documents to be mentioned in such rule or order, and to direct the attendance of any such person to be at bis own place of abode or elsewhere, if necessary or convenient so to do. Evidence by Affidavit. 178. Within ten days after a consent for taking evidence by affidavit as between the plaintiff and the defendant has been given, or within such time as the parties may agree upon, or a Judge may allow, the plaintiff shall file his affidavits and deliver to the defendant or his solicitor a list thereof. 179. The defendant, within ten days after the delivery of such list, or within such time as the parties may agree upon or a Judge may allow, shall file his affidavits and deliver to the plaintiff or his solicitor a list thereof. 180. Within seven days after the expiration of the said ten days or such other time as aforesaid, the plaintiff shall file his affidavits in reply, which affidavits shall be confined to matters strictly in reply, and shall deliver to the defendant or his solicitor a list thereof. 181. When the evidence is taken by affidavit, any party desiring to cross-examine a deponent who has made an affidavit filed on behalf of the opposite party may serve upon the party by whom such affidavit has been filed a notice in writing requiring the production of the deponent for cross-examina-tion before the Court at the trial; such notice to be served at any time before the expiration of fourteen days next after the end of the time allowed for filing affidavits in reply, or within such time as im any case the Court or a Judge may specially appoint, and unless such deponent is produced accordingly, his tiffidavit shall not be used as evidence unless by the special leave of the Court. 182. The party to whom such notice as is mentioned in the last preceding rule is given shall be entitled to compel the attendance of the deponent for cross-examination in the same way as he might compel, the attendance of a witness to be examined. 183. Upon any motion, petition, or summons, evidence may be given by affidavit, but the Court or a Judge may, on the application of either party, order the attendance for cross-examination of the person making any such affidavit. 184. Affidavits shall be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted. The costs of every affidavit which shall unnecessarity set forth matters of hearsay,' or argumentative matter, or copies of or extracts from documents, shall be paid by the party filing the same. 185. In an action or other proceeding in or to which a corporation, joint-stock company, or body of persons empowerd by law to sue in the name of a public officer, is a party or intended party,, affidavits may be mtide on behalf of such corporation, joint-stock company, or public body, by any officer or member thereof respectively, or by their solicitor, if from any unavoidable cause an affidavit cannot be made by an officer or member of the company 186. Affidavits or affirmations may respectively be sworn or made before a solicitor of the Court,. or before a Registrar, or Deputy-Registrar, and in cases where there is no such Registrar and no solicitor of the Court qualified to take the affidavit or affirmation in a particular case resident within five miles of the place where it is desired to make an affidavit or affirmation, the same may be sworn before any Justice of the Peace, who shall state in the-jurat, after the name of the place where the affidavit or affirmation is sworn or affirmed, the words "there being no qualified solicitor or Registrar of the Supreme Court resident within five miles." 187. An affidavit cannot, however, be read or used if it was taken before a solicitor who, at the time of taking the same, was acting as the solicitor, or as clerk or agent of the person on whose behalf it was to be read or used in the action or proceeding in which it was to be read or used. 188. Affidavits shall be intituled correctly in the cause or proceeding in which they are to be used, and shall state the Christian names and surnames of all parties thereto. 189. The Christian name must be written at length, except where the defendant has been sued by the initial letter of his Christian name, in which case he may in the title be described by such initial letter. 190. The profession, business, or occupation of every person making an affidavit shall be inserted therein, also the true place of abode of the deponent at the time of making the affidavit, unless it be made by a party in the cause, in which case it shall suffice if he describe himself as such party 191. Every affidavit must be signed by the deponent, or if he cannot write he must set his mark theret o. 192. The time of swearing the affidavit must be stated in the jurat, and likewise the place where it is sworn. 193. If the affidavit be sworn by a person who, from his signature or mark, appears to be illiterate, the person taking the affidavit shall certify in the jurat that the affidavit was read and explained by himself to the deponent, and that the deponent appeared perfectly to understand the same, and that he wrote his signature or made his mark in the presence of such person. 194. If any alteration or interlineation be made in an affidavit previously to its being sworn, it shall be initialled by the person before whom it is sworn, otherwise the affidavit cannot be read. 195. If the affidavit be in any language other than English, there must be a translation thereof annexed thereto, together with an affidavit by an interpreter, verifying the translation. 196. The jurat shall be signed by the person before whom the affidavit is sworn. 197. No affidavit shall bo read or made use of in any matter in the jurat of which there shall be an interlineation or erasure ; but the jurat must be totally cancelled, and a fresh one written underneath. 198. If an affidavit be sworn before a person not authorized to take it it is a nullity 199. An affidavit sworn on a Sunday is a nullity