Directory_and_Chronicle_1886 — Page 836

Information from others.

Erasures, In- derlineations,

J.

Before whom to be sworn.

In Foreign Parts.

Proof of Seal and Signature of Court or Judge, &c.

When defective

Form.

Jot to be

worn before

certain Persons,

Amendment and

swearing.

Filing of

126

CODE OF CIVIL PROCEDURE-HONGKONG,

4. Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person must be stated.

5. 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 a clear and legible and unobjectionable manner.

in

6. Any affidavit sworn before any judge, officer, or other person the United Kingdom or in any British colony, possession, or settlement, authorized to take affidavits, or before any commissioner duly authorized by the Supreme Court to take affidavits in the United Kingdom or abroad, may be used in the Court in all cases where affidavits are admissible.

7. Any affidavit sworn in any foreign parts out of Her Majesty's dominions before a judge or magistrate, being authenticated by the official seal of the court to which he is attached or by a public notary, or before a British minister, consul, vice-consul, or consular agent, may be used in the Court in all cases where affidavits are admissible.

8.--The fact that an affidavit purports to have been sworn in man- ner hereinbefore prescribed by paragraphs 6 and 7 shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, or other officer or person therein mentioned appended or subscribed to any such affidavit, and of the authority of such court, judge, magistrate, or other officer or person to administer oaths.

9.--The Court may permit an affidavit to be used, notwithstanding it is defective in form according to these rules, if the Court is satisfied that it has been sworn before a person duly authorised.

10.-An affidavit shall not be admitted which is proved to have been sworn before a person on whose behalf the same is offered, or before his attorney, or before a partner or clerk of his attorney.

11.-A defective or erroneous affidavit may be amended and re-sworn, by special leave of the Court, on such terms as to time, costs, or otherwise as seem reasonable.

12. Before an affidavit is used, the original must be filed in the iginal, Office Court; and the original, or an office copy thereof, shall alone be recognised

for any purpose in the Court,

Copy.

Tied coce Evi- dence prepara-

tory tearing.

Evidence de Bene Esse.

LVII.--Where the circumstances of the case appear to the Court so to require, the Court may take the evidence of any witness at any time See 19 & 20 Vic. in the course of the proceedings in any suit or application before the caring of the suit or application, or may direct the Registrar to take such evidence in like manner, and the evidence so taken may be used at the hearing of the suit or application, saving just exceptions.

€. 113.—22, Vic.

2-2&23.

Vic. c. 63, & 21, Vic. c. 11.]

How to be taken..

Tvidence before Suit stituted.

2. The evidence shall be taken, 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, or the Registrar, as the case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.

3.- Evidence

may be taken in like manner on the application of any person, before suit instituted, where it is shown to 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 jurisdiction at the time of application, can give mate- rial evidence respecting the subject of the apprehended suit, but that he is about to leave ti jurisdiction, or that from some other cause the

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