Directory_and_Chronicle_1891 — Page 181

CODE OF CIVIL PROCEDURE-HONGKONG.

131

and Signature

8. The fact that an affidavit purports to have been sworn in man- Proof of Seal ner bereinbefore prescribed by paragraphs 6 and 7 shall be prima facie or court or evidence of the seal or signature, as the case may be, of any such court, Judge, &o. 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 when defective. it is defective in form according to these rules, if the Court is satisfied in Form. that it has been sworn before a person duly authorised.

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

certain Persone.

re-swearing,

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

original, Office

12.-Before an affidavit is used, the original must be filed in the Filing of Court; and the original, or an office copy thereol, shall alone be recognized copy. for any purpose in the Court.

Evidence de Bene Esse.

tory to Hearing,

LVII. Where the circumstances of the case appear to the Court so Tiva voce Evi- to require, the Court may take the evidence of any witness at any time dence prepara. in the course of the proceedings in any suit or application before the [See 19 & 20 Vio hearing of the suit or application, or may direct the Registrar to take e. 118-22 Vio. such evidence in like manner, and the evidence so taken may be used the hearing of the suit or application, saving just exceptions.

c. 20,–22 & 23

Vic. c. 1.1

at Vic c. 63 & 64,

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.

low to he

taken.

instituted.

3. Evidence may be taken in like manner on the application of any Evidence person, before suit instituted, where it is shown to the satisfaction of the before Suit 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 apprehened suit, but that he is about to leave the jurisdiction, or that from some other cause the per- son applying will lose the benefit of his evidence if it be not at once taken : Provided always that the Court may, upon granting such application, im- Court may pose any terms or conditions with reference to the examination of such wit- impose Terma. ness and admission of his evidence as to the Court may seem reasonable.

Witness Dead, Insane, or not Appearing.

former Pro-

LVIII.-Where any person who might give evidence in any suit Evidence of or matter is dead, or insane, or unavoidably absent at the time his evidence Witness in might be taken, or for any reason considered sufficient by the Court, can- ceedings. not 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 judi- cial proceeding: Provided that the subject matter of such former judicial Proviso as to proceeding was substantially the same as that of the existing suit and Subject Matter. 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-examining the

witness of whose evidence proof is to be given.

Admission of Documents and Facts.

LIX.-Where all parties to a suit are competent to make admission, Notice to admit. any party may call on any other party, by notice filed in the Court and served under order of the Court, to admit any documents, or any fact, saving just exceptions.