Directory_and_Chronicle_1871 — Page 415

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IN CHINA AND JAPAN.

91

Parties desirous to enforce the attendance of witnesses should apply at once to the Court to issue to or to procure from the national authority of the witness required a summons for his attendance.

It is indispensable that the application should be made so as to allow time for a reasonable notice to the witness required.

If the witness is required to bring books or papers, they must be particularized in the summons sufficiently to enable him clearly to understand what is meant.

Any party summoning a witness through the Court, thereby becomes liable to pay such witness a reasonable sum of money to be summarily fixed by the Court for his expenses and loss of time.

The Court will not enforce the attendance of a witness unless such sum has been deposited in the Court.

If either party desires to use in evidence at the hearing any book, paper, or document in the possession or power of the other party, he must give the other party reasonable notice in writing to produce it at the hearing, failing which he will not be allowed to give any secondary evidence of its contents.

No person is excluded from giving evidence by reason of interest or relationship. The parties themselves, their wives, relations, partners, and servants respectively are competent witnesses.

(Seal)

8.

Motion Paper.

In Her Britannic Majesty's Court at [Canton].

-

Between A.B.

and

C.D.

The Plaintiff [or as the case may be] moves

that [here state the terms of the motion].

9.

Plaintiff.

Defendant.

Affidavit of attesting Witness in proof of the due Execution of a

Will or Codicil dated after 31st December, 1837.

In Her Britannic Majesty's Court at [Cunton].

In the matter of A.B. deceased,

>

I, C.D. of

make oath and say that I am one of the subscribing witnesses to the last Will [or Codicil, as the case may be,] of A. B., late of

}

deceased, the

aid Will [or Codicil] being now hereto annexed, bearing date and that the testator executed the said Will [or

or attestation clause,

insert, "intending the

same for his final sig- nature to his will.”

Codicil] on the day of the date thereof, by signing his name at the (1) If the signature is in foot or end thereof [or in the testimonium clause thereof, or in the the testimonium clause attestation clause thereto, as the case may be], as the same now appears thereto, (1) in the presence of me and of the other subscribed witness thereto, both of us being present at the Fame time, and we thereupon attested and subscribed the said Will [or Codicil] in the presence of the testator.

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Sworn at

day of

18

before ine,

X.Y.

this)

C.D.