asi
Signature of witness.
Jurat.
Alteration and re-swearing.
Amendment.
Costs.
copy.
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237. Every affidavit sworn before a British judicial or Con- sular officer in China or Japan must be signed by the witness; or in case the witness cannot write his name, his mark must be subscribed; such signature or mark to be made in the presence of the officer.
238. The jurat should be written without interlineation or erasure, immediately at the foot of the affidavit, and towards the left side of the paper, and must be signed by the judicial or Consular officer before whom the affidavit is sworn, and be sealed with the seal of the Court of which he is an officer, or with his Consular or other official seal (as the case may be).
It must state the date of the swearing of the affidavit, and the place where it was sworn.
It must state that the affidavit was sworn before the judicial or Consular officer.
Where the witness is blind or illiterate it must state that fact, and that the affidavit was read over to him in the presence of the officer, and that the witness appeared perfectly to understand it.
Where the witness cannot write his name, and therefore sub- scribes his mark, the jurat must state those facts, and that the mark was made in the presence of the officer.
Where two or more persons join in making an affidavit, their several names must be written in the jurat, and it must appear by the jurat that each of them has been sworn to the truth of the several matters stated by him in the affidavit.
239. The judicial or Consular officer must not allow an affi- davit, when once sworn, to be altered in any manner whatever without being resworn.
If the jurat has been added and signed, a new jurat must be added if the affidavit is resworn; and in the new jurat mention must be made of the alteration.
Any officer before whom an affidavit is proposed to be resworn after alteration may refuse to allow the same to be resworn, and may, in lieu thereof, require the witness to make a fresh affidavit.
240. A defective or erroneous affidavit may be amended and resworn, by special leave of the Court in which it is to be used, on such terms as to time, costs, and other things, as seem just.
241. Where an affidavit used in the Court is not in accordance with these rules, the Court may make such order respecting the costs of or connected with the affidavit as seems just.
242. Before an affidavit is used in the Court, the original Filing of original. Office affidavit must be filed in the Court; and the original or an office copy thereof (that is, a copy sealed with the seal of the Court as evidence of its being a correct copy, and either made under the direction of the Court or produced to the Court for examination
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and sealing,) shall alone be recognized for any purpose in the Court.
Other Evidence.
or other
243. On the hearing of any interlocutory or other application Viva voce in a suit or matter, the Court may, if it thinks it just and expe- evidence on dient, for reasons to be recorded in the minutes of proceedings, interlocutory summon a British subject to attend to produce documents application. before it, or to be examined, or to be cross-examined and re-examined, vivá zoce, by or before it, in like manner as at the bearing of a suit.
Such notice as the Court in each case, according to the circumstances, considers reasonable shall be given to the person summoned, and to such persons (parties to the suit or proceeding or otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to exa- mine, cross-examine, or re-examine the person summoned, or to be present at his examination, cross-examination, or re-examina- tion, as the case may be.
The evidence of a witness on any such examination, cross- examination, or re-examination shall be taken in like manner, as nearly as may be, as evidence at the hearing of a suit.
pro-
244. Where the circumstances of the case appear to the Court Vivâ voce so to require, for reasons to be recorded in the minutes of evidence taken ceedings, the Court may, in like manner, take the evidence s preparatory of any witness at any time in the course of the proceedings in any suit or application as preparatory to the hearing of the suit
or application, and the evidence so taken may be used at the hearing of the suit or application, saving just exceptions.
The evidence shall be taken in like manner, 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 refuses to sign it the Court shall add a note of his refusal, and the evidence may be used as if he had signed it.
to hearing.
instituted.
245. Evidence may be taken in like manner on the applica- Evidence tion of any person, before suit instituted, where it is shown to before suit 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 par- ticular 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 particular jurisdiction, or that from some other cause the person applying will lose the benefit of his evidence if it be not at once taken.
Proof of
Witness dead, insane, or not appearing. 246. Where any person who might give evidence in any former eri- suit or matter is dead, or insane, or unavoidably absent at the dence.
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