Directory_and_Chronicle_1868 — Page 356

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IN CHINA AND JAPAN.

Other Evidence.

73

interlocutory or other

243. On the hearing of any interlocutory or other application in a Vied coce evidence on suit or matter, the Court may, if it thinks it just and expedient, for application. reasons to be recorded in the minutes of proceedings, summon a British subject to attend to produce documents before it, or to be examined, or to be cross-examined and re examined, vivá voce, by or before it, in like manner as at the hearing 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 examine, cross-examine, or re-examine the person summoned, or to be present at his examination, cross-examination, or re-examination, as the case may be.

The evidence of a witness on any such examination, cross-examina- tion, or re-examination shall be taken in like manner as nearly as may be, as evidence at the hearing of a suit.

as preparatory to

244. Where the circumstances of the case appear to the Court so Tirá roce evidençs takeu to require, for reasons to be recorded in the minutes of proceedings, the hearing Court may, in like manner, take the evidence 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 refuse to sign it the Court shall add a note of his refusal, and the evidence may be used as if he had signed it.

245. Evidence may be taken in like manner on the application gvidence before suit of any person, before suit instituted, where it is shown to the satisfaction instituted. 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 particular 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.

Witness dead, insane, or not appearing.

evidence.

246. Where any person who might give evidence in any suit or Proof of former matter is dead, or insane, or unavoidably absent at the time his evidence might be taken, or for any reason considered sufficient by the Court cannot appear to 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 judicial proceeding; provided that the subject matter of such former judicial proceeding 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-exam.ining the witness of whose evidence proof is so to be given. Oath.

247. On any occasion the Court may, if it thinks it just and expedient for reasons to be recorded in the minutes of proceedings, take without oath the evidence of any person objecting on grounds of conscience to take an oath,—the fact of the evidence having been so taken without oath being also recorded in the minutes of proceedings.

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