Lunacy Regulation (Ireland) Act 1871

28 Witnesses maybe cross-examined orally. How expenses to be paid.

Every person giving evidence by affidavit shall be liable to oral cross-examination by or before the Lord Chancellor intrusted as aforesaid, or the master, in the same manner as if the evidence given by him in his affidavit had been given by him orally before the Lord Chancellor intrusted as aforesaid, or the master, and after cross-examination may be re-examined orally by or on behalf of the person filing the affidavit; and every person giving evidence by affidavit shall be bound to attend before the Lord Chancellor intrusted as aforesaid, or the master, to be so cross-examined and re-examined, upon receiving due and proper notice and payment or tender of his reasonable expenses, in like manner as if he had been duly served with a writ or subpoena ad testificandum before an examiner of the High Court of Chancery in Ireland; and the expenses attending on such cross-examination and re-examination shall be paid in the first instance by the parties respectively, in like manner as if the witness cross-examined were the witness of the party cross-examining, and shall on taxation be ultimately borne and paid by the estate, or the parties respectively, or one of them, as the Lord Chancellor intrusted as aforesaid, or the master, shall direct.