Proof of Seal and Signature of Court or Judge, &c.
When defective in Form.
Not to be aworn before
302
CODE OF CIVIL PROCEDURE-HONGKONG
8. The fact that an affidavit purports to have been sworn in man- ner hereinbefore prescribed by paragraphs 6 and shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, or other officer, or person therein mentioned appended or subscribed to any such affidavit, and of the authority of such court, judge, magistrate, or other officer or person to administer oaths.
9-The Court may permit an affidavit to be used, notwithstanding it is defective in form according to these rules, if the Court is satisfied that it has been sworn before a person duly authorised.
10.—Au affidavi' shall not be admitted which is proved to have been certain Persons. 8Worn before a person n whose behalf the same is offered, or before his
attorney, or before a pa. tner or clerk of his attorney.
Amendment and re-swearing
Filing of
-
11. A defective or erroneous affidavit may be amended and re-sworn, by special leave of the Court, on such terms as to time, costs, or otherwise as seem reasonable.
12.-Before an affidavit is used, the o iginal must be filed in the original. Office Court; and the original, or an office copy thereof, shall alone be recognized
for any purpose in the Court.
Copy
tory to
ē. 113.-22 Vio.
Evidence de Bene Esse.
Viva voce Evi- LVII. Where the circumstances of the case appear to the Court so dence preparing to require, the Court may take the evidence of any witness at any time [Sec 19 & 20 Vic. in the course of the proceedings in any suit or application before the c. 20.-22 & 23 hearing of the suit or application, or may direct the Registrar to take Vic. c. 63, & 24 such evidence in like manner, and the evidence so taken may be used at Vic. o. 11.]
the hearing of the suit or application, saving just exceptions.
How to be taken.
Evidence
before Suit instituted.
Court may impose Terms.
Evidence of Witness in former Pro- ceedings.
Proviso as to Bubject Matter.
*
Notice t· admit.
2. The evidence shall be taken, as nearly as may be, as evidence at the hearing of a suit, and then the note of the evidence shall be read over to the witness and tendered to him for signature; and if he refuse to sign it, the Court, or the Registrar, as the case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.
3.- Evidence may be taken in like manner on the application of any person, before snit instituted, where it is shown to the satisfaction of the Court on oath that the person applying has good reason to apprehend that a suit will be instituted against him in the Court, and that some person, within the jurisdiction at the time of application, can give mate- rial evidence respecting the subject of the aprehended suit, but that he is about to leave the jurisdiction, or that from some other cause the per- son applying will lose the benefit of his vidence if it be notat once taken : Provided always that the Court may, upon graating sueb application, im- pose any terms or conditions with reference to the examination of such wit- ness and admission of his evidence as to the Court may seem reasonable.
Witness Dead, Insane, or not Appearing.,
>
LVIII. Where any person who might give evidence in any suit or inatter is dead, insane, or unavoidably absent at the time his evidence might b⋅ taken, or for a y reason consid red sufficient by the Court, can- not appear t give evidence in the suit or matter, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judi- cial proceeding: Provided that the subject matter of such former judicial proceding was substantially the same as that of the existing suit and that the parties to the existing suit were parties to it or bound by it, and in it had cross-examined or had an opportunity of cross examining the witness of whose evidence proof is to be given.
Admission of Documents and Facts.
LIX.-Where all parties to a suit are competent to make admission, any party may call on any other party, by notice filed in the Court and served under order of the Court, to admit any documents, or any fact, saving just exceptions.