THE HONGKONG GOVERNMENT GAZETTE, 4т¤ OCTOBER, 1873.
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Affidavits.
LVI. Every Affidavit used in the Court must be in the English In what Lan- Language.
guage.
2. It must be in the first Person, and must be divided into How divided. Paragraphs numbered consecutively.
3. Every Affidavit used in the Court must contain only a Facts known Statement of Facts and Circumstances to which the Witness to Witness, swears, either on his own personal Knowledge, or from Inform- ation which he believes to be true.
4. Where the Belief in the Truth of the Matter of Fact sworn Information to arises from Information received from another Person, the from others. Name of such Person must be stated.
5. Where there are many Erasures, Interlineations, or Alter- Erasures, In- ations, so that the Affidavit proposed to be sworn is illegible, or terlineations, difficult to read, or is, in the Judgment of the Officer before whom &c. it is proposed to be sworn, so written as to give any Facility for being added to, or in any way fraudulently altered, he may refuse
to take the Affidavit in its existing Form, and may require it to be re-written in a clear and legible and unobjectionable Manner.
6. Any Affidavit sworn before any Judge, Officer, or other Before whom Person in the United Kingdom, or in any British Colony, Posses- to be sworn. sion, or Settlement authorized to take Affidavits, or before any Commissioner duly authorized by the Supreme Court to take Affidavits in the United Kingdoni or abroad, may be used in the Court in all Cases where Affidavits are admissible.
7. Any Affidavit sworn in any Foreign Parts ont of Her In Foreign Majesty's Dominions before a Judge or Magistrate being authen- Parts. ticated by the Official Seal of the Court to which he is attached, or by a Public Notary, or before a British Minister, Consul, Vice- Consul or Consular Agent, may be used in the Court in all Cases where Affidavits are admissible.
may
Judge, &c,
8. The Fact that an Affidavit purports to have been sworn in Proof of Seal Manner hereinbefore prescribed by Parapraphs 6 and 7 shall be and Signature primâ facie Evidence of the Seal or Signature, as the Case of Court or 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, notwith- when de- standing it is defective in Form according to these Rules, if the fective in Court is satisfied that it has been sworn before a Person duly Form. authorised.
10. An Affidavit shall not be admitted which is proved to have Not to be been sworn before a Person on whose Behalf the same is offered, sworn hefore or before his Attorney, or before a Partner or Clerk of his certain Attorney.
Persons.
11. A defective or erroneous Affidavit may be amended and Amendment re-sworn, by special Leave of the Court, on such Terms as to and re- Time, Costs, or otherwise as seem reasonable.
swearing.
12. Before an Affidavit is used, the Original must be filed in Filing of the Court; and the Original, or an Office Copy thereof, shall alone original, be recognised for any Purpose in the Court.
Office Copy.
Evidence de Bene Essi.
LVII. Where the Circumstances of the Case appear to the Viva voce Evi- Court so to require, the Court may take the Evidence of any Witness dence prepara- at any Time in the Course of the Proceedings in Application before the Hearing of the Suit or Application, or vic. c. 113.--- tory to Hearing. any Suit or
[Sec 19 & 20 may direct the Registrar to take such Evidence in like Manner, 22, Vie. c. 20, and the Evidence so taken may be used at the Hearing of the Suit --22 & 23. Vic. or Application, saving just Exceptions.
c. 63, and 24, Vic. c. 11.] How to be taken,
2. The Evidence shall be taken, as nearly as may be, as Evi- dence 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 Re- gistrar, 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 Evidence of any Person, before Suit instituted, where it is shown to the before Suit Satisfaction of the Court on Oath that the Person applying has instituted. good Reason to apprehend that a Suit will be instituted against him in the Court, and that soine Person, within the Jurisdiction at the Time of Application, can give material Evidence respecting the Subject of the apprehended Suit, but that he is about to leave the Jurisdiction, or that from some other Cause the Person apply- ing will lose the Benefit of his Evidence if it be not at once taken: Provided always that the Court may, upon granting such Appli-Court may cation, impose any Terms or Conditions with reference to the impose Terms, Examination of such Witness and the Admission of his Evidence as to the Court may seem reasonable.
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