IN CHINA AND JAPAN.
57
When the party beginning has concluded his evid nce, be shall ask the other party if he intends to call evidence (in which terms is included evidence taken by affidavit or deposition, (r under commission, and documentary evalence not already read or taken as read); and if answered in the negative, he shall be entitled to sum up the evidence already given, and comment thereon; but if answered in the affirmative, he shall wait for his general reply.
When the party beginning has concluded his case, the other party shall be at liberty to a ldr ss the Curt, and to call evidence, and to sum up and comment thereon.
I no evid nce is called or ral by the latter party, the party beginning (saving the right of the Crown) shall have no right to reply, unless he has been prevented from sunming up his case by the statement of the other party of his intention to call evidence.
The case on both sides shall then be considered closed.
If the party opposed to the party beginning calls or reads evidence, the party begining shall be at liberty to reply general'y on the whole cas, or he may call fresh evidence in reply to the evidence given on the other side, on points material to the determination of the issus, or any of them, but not on collateral
matter.
Where evidence in reply is tendered, and allowed to be given, the reply against whom the same has been adduced shall be at liberty to a dress the Court, and the party beginning shall be entitled to the general reply.
85. Each witness, after examination in chief, shall be subject to Cross-examination and cross-examination by the other party, and to re-examination by the re-examination. party calling him, and after re-examination may be questioned by the
Court, and shall not be recalled or further questioned save through
and by leave of the Court.
86. The Court shall take a note of the substance of the riva voce Notes of evidence. evidence in a narrative form, but shall put down the terms of any particular question or answer, if there appears any special reason for doing so.
No person shall be entitled as of right, at any time or for any
purpose, to inspection or a copy of the Court's not.s.
87. All objections to evilence must be taken at the time the Objection to evidence. question objected to is put, or, in case of written evidence, when the
same is about to be put in, and must be argued and decided at the
time.
88. Where a question pur to a witness is objected to, the Court, Note of objection. unless the objectión appear frivolous, shrill take a note of the question and objection, if retired by either party, and shall mention on the notes whether the question was allowed to be put
or not, and the answer to it, if put.
89. Where any evidence is by affi lavit, or has been taken by Evidoes by affidavit. cola-mission, or on deposition, the party adducing the same may read
ad comment on it, either immediately after his opening, or after the
viva voce evidence on his part has been concluded.
CX81 Tion.
90. The Court may, at its discretion, if the interests of justice Admission of affidavit appear absolutely so to require (for reasons to be recorded in the althedep (95- minutes of proc edi: gs), admit an affidavit in evidence, although it is shown that the party against whom the affi lavit is offered in evidene ha! no opportunity of cross- examining he person making the affidavit, on such terms, if any, as seem ju....
91. Documentary evidence must be put in and read, or taken Documentary evidence. as read by consent.