IN CHINA AND JAPAN
200
Where the witness cannot write his name, and therefore subscribes his mark, the jurat must state those facts, and that the mark was made in the presence of the officer.
Where two or more persons join in making an affidavit, their several names must be written in the jurat, and it must appear by the jurat that each of them has been sworn to the truth of the several matters stated by him in the affidavit.
re-swearing.
239. The judicial or Consular officer must not allow an affidavit, when Alteration and once sworn, to be altered in any manner whatever without being re-sworn. If the jurat has been added and signed, a new jurat must be added if the affidavit is re-sworn; and in the jurat mention must be made
of the alteration.
Any officer before whom an affidavit is proposed to be re-sworn after alteration may refuse to allow the same to be re-sworn and may, in lieu thereof, require the witness to make a fresh affidavit.
240. A defective or erroneous affidavit may be amended and re-sworn, Amendment. by special leave of the Court in which it is to be used, on such terms as to time, costs, and other things as seem just.
241. Where an affidavit used in the Court is not in accordance with Costs. these rules, the Court may make such order respecting the costs of, or connected with, the affidavit as seems just.
original office
242. Before an affidavit is used in the Court, the original affidavit Filing of must be filed in the Court; and the original, or an office copy thereof (that copy. is, a copy sealed with the seal of the Court as evidence of its being a correct copy, and either male under the direction of the Court or produced to the Court for examination and sealing), shall alone be recognized for any purpose in the Court.
Other Evidence.
243. On the hearing of any interlocutory or other application in a suit or matter, the Court may, if it thinks it just an expeda ut, for rea sons to be recorded in the minutes of proceedings, summon a British sub- ject to attend to produce documents before it, or to be examined, or to be cross-examined, and re-examined, viva 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-examination, or re-examination shall be taken in like manner, as nearly as may be, as evidence at the hearing of a suit.
Fied voos interlocutory or other application.
vidence on
evidence taken
244. Where the circumstances of the case appear to the Court so to Find core require, for reasons to be recorded in the minutes of proceedings, the as preparatory Court may, in like manner, take the evidence of any witn ss at any time in to hearing. 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 no e of the evidence shall be read over to the witness and tendered to him for signature; and if he refuses to sign it the Court shall add a note of his refusal, and the evidence may be used as if he had signed it.
Evidence before
245. Evidence may be taken in like manner on the application of any suit instituted, person, before suit instituted, where it is shown to the satisfaction of the
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