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3. If the Court at any time think it necessary for the end of justice to examine any *09 person other than a party to the suit, and not named as a witness by a party to the Ja. 23 suit, the Court may, of its own accord, cause such person to be summoned as a witness 1861.8.9.1 to give evidence, or to produce any document in his possession on a day to be appointed, The costs of summoning such person, and may examine such person as a witness.
if not deposited by either party to the suit, shall be paid out of any money recovered on account of costs in the suit.
1. E. A. 34.
4. Entries in books of account, regularly kept in the course of business, shall be admissible in evidence whenever they refer to a matter into which the Court has to inquire, but shall not alone be sufficient evidence to charge any person with liability.
5. Any Government Gazette of any Country, Colony, or Dependency under the 1.4.2 of 1835. dominion of the British Crown, may be proved by the bare production thereof before the Court.
6. All Proclamations, Acts of State, whether Legislative or Executive, nominations, appointments, and other official communications of the Government appearing in any such Gazette, may be proved by the production of such Gazette, and shall be prima facie proof of any fact of a public nature which they were intended to notify.
7. The Court may, on matters of public history, literature, science, or art, refer, for the purposes of evidence, to such published books, maps, or charts as the Court shall consider to be of authority on the subject to which they relate.
8. Books printed or published under the authority of the Government of a foreign country and purporting to contain the statutes, code, or other written law of such country, and also printed and published books of reports of decisions of the Courts of such country, and books proved to be commonly admitted in such Courts as evidence of the law of such country, shall be admisible as evidence ofthe law of such foreign country. 9. All maps made under the anthority of Government or of any public municipal body, and not made for the purpose of any litigated question, shall primâ facie "be deemed to be correct, and shall be admitted in evidence without further proof.
10.The following persons only shall be incompetent to testify:
(a.) Children under seven years of age who appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly.
(6.) Persons of unsound mind, who, at the time of their examination, appear incapable of receiving just impressions of the facts respecting which they are examined, or of relating them truly; and no person who is known to be of unsound mind shall be liable to be summoned as a witness, without the con- sent previously obtained of the Court or person before whom his attendance is required.
7-17.
bf
10. Any person who, by reason of iminature age or want of religious belief, or Ju 32, 33 who, by reason of defect of religious belief, ought not, in the opinion of such Court or zid 2.0A person, to be admitted to give evidence on oath or solemn affirmation, shall be admitted to give evidence ou a simple affirmation, declaring that he will speak the truth, the whole truth, and nothing but the truth. This provision shall apply to testimony given by affidavit or otherwise in writing as well as to testimony orally delivered.
10 Any such witness wilfully giving false evidence shall be subject to be pro- ceeded against in like manner, and to suffer, if convicted, the same punishment as if he had been sworn and had committed wilful and corrupt perjury. The indictment or charge shall be varied so as to meet the case.
13. If a witness be asked any question relating to a matter not relevant to the suit I. E. A. 148. or proceeding, except in so far as it affects the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to an- swer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations:--- (a.) Such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Court as to the credibility of the witness on the matter to which he testifies. (b.) Such questions are improper if the imputation which they convey relates to matters so remote in time or of such a character that the truth of the imputa- tion would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies. (c.) Such questions are improper if there is a great disproportion between the importance of the imputation made against the witness character and the importance of his evidence.
I. E. A. 149.
I. E. A. 151.
I. E. A. 152.
S.R.93
S. R. 230-242.
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16f No such question ought to be asked, unless the person asking it has reasonable grounds for thinking that the imputation which it conveys is well-founded.
14. The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed.
16. The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive
in form.
18. On the application of either party at any time during the hearing or of its own motion, the Court may order witnesses on both sides to be kept out of Court until they have respectively given their evidence; bat this rule does not extend to the parties themselves, or to their respective legal advisers, although intended to be called as witnesses.
Affidavits.
LV. Every affidavit used in the Court must be either in English, or the usual and familiar language of the witness swearing it.
2. An affidavit in any language other than English, must be accompanied by a sworn translation into English, procured by and at the expense of the person using the affidavit. 3. It must state the full name, trade or profession, address and nationality, of the witness.
4. It may be in the first or in the third person, but must be divided into paragraphs numbered consecutively.
5. Every affidavit used in the Court must contain only a statement of facts and cir- cumstance, to which the witness swears, either on his own personal knowledge, or from information which he believes to be true.
6. It must not contain any extraneous matter, by way of objection, prayer, or legal argument or conclusion; and every statement must be as brief and positive" as inay be consistent with proper fulness and with truth.
7. The inatter of fact sworn to, whether in affirmation or denial, if within the know- ledge of the witness, must be sworn to positively and certainly.
8. Where a witness swears to his belief in any matter of fact, such belief arising from any source other than his own personal knowledge, he must set forth explicitly the facts and circumstances forming the ground of his belief.
9. Where the belief in the truth of the matter of fact sworn to arises from informa- tion received from another person, the name of such person must be stated, and such particulars must be given as to the informant, and as to the time, place, and circum- stances of the information, as may afford means to other parties to verify or contradict the same.
10 Any erasure, interlineation, or alteration, made before the affidavit is sworn, shall be attested by the officer, before whom it is sworn, who shall affix his signature or initials in the margin immediately opposite to the erasure, interlineation, or alteration. 11. Where there are many erasures, interlineations, or alterations, so that the affidavit proposed to be sworn is illegible, or difficult to read, or is in the judgment of the Officer before whom 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 clear and legible and unobjection- able manner.
12. An affidavit sworn before any British judicial or consular Officer, authorised to take affidavits, before any Judge, Officer, or other person in the United Kingdom, or in any British colony or possession, authorised to take affidavity before any Mayor or other Magistrate in any foreign country authorised to administer an oath, or in the case of a foreigner in China or Japan before his own proper consular or other authority, may be used in the Court, in all cases where affidavits are admissible.
13. An affidavit may be used, notwithstanding it is defective in form according to these rules, the Court is satisfied that it has been sworn before a person duly autho- rised, and that its form is in accordance with the law and custom of the place where it is sworn.
14. An affidavit shall not be admitted which is proved to have been sworn before a person on whose behalt the same is offered or before his attorney, or before a partner or clerk of his attorney.
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