Canadian Criminal Cases Annotated Volume 20

Canadian Criminal Cases Annotated Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...it could reasonably.be inferred that he had changed his opinion on the subject since that expressed by him in Hamilton v. Beck, 3 Terr. L.R. 405, for instance, he used the words "he will only be entitled to his proportionate fees for travelling and attendance." However, I am not prepared here to find that there is any such change of opinion. I think there is no doubt that the English practice is only to allow in such cases as that before us, a proportionate part of the witness fees, and their tarifi schedule expressly provides for this. Under these circumstances, where our own rules and tarifi are silent on the point, it is a question if the English rules under section 15 of the Judicature Act would not govern. In Ontario, with whose practice in the matter I am more familiar, the rules and the tarifi make the matter quite clear. There before witness fees are allowed, an affidavit must be filed that the plaintiff was a necessary and material witness in his own behalf that he attended for the purpose only, and in no other cause (or otherwise as the case might be) and that the witnesses subpoenaed by him attended in' no other cause. Further the tarifi provides as in England that where the witnesses attended in other causes, only a proportional allowance of the fees to be taxed. I would be inclined to think, that such was the proper course here, if I did not feel that the decision in Hamilton v. Beck, 3 Terr. L.R. 405, was binding upon me, unless altered as I have suggested by the application of the English rules under section 15 of the Judicature Act. As to that, however, I am not prepared at this moment to express an opinion, because I have not been able to give the point suflicient consideration, and feel I must dispose of...show more

Product details

  • Paperback | 188 pages
  • 189 x 246 x 10mm | 345g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123684646X
  • 9781236846464