Directory_and_Chronicle_1894 — Page 256

IN CHINA AND JAPAN.

219

Where evidence in reply is tendered, and allowed to be given, the party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall be entitled to the general reply.

85. Each witness, after examination in chief, shall be subject to cross- Cross-examina- examination by the other party, and to re-examination by the party calling tion and re- him, and after re-examination may be questioned by the Court, and shall not be recalled or further questioned save through and by leave of the Court.

examination.

86. The Court shall take a note of the substance of the viva voce Notes of evidence in a narrative form, but shall put down the terms of any particular evidence. question or answer, if there appears any special reason for doing so.

No person shall be entitled as of right, at any time or for any purpose,

to inspection or a copy of the Court's notes.

87. All objections to evidence must be taken at the time the question Objection to objected to is put, or, in case of written evidence, when the same is about evidence. to be put in, and must be argued and decided at the time.

Note of

88. Where a question put to a witness is objected to, the Court unless the objection appear frivolous, shall take a note of the question and objec- objection. tion, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if put.

affidavit.

89. Where any evidence is by affidavit, or has been taken by commission, Evidence by or on deposition, the party adducing the same may read and comment on it, either immediately after his opening, or after the viva voce evidence on his part has been concluded.

although no

90. The Court may, at its discretion, if the interests of justice appear Admission of absolutely so to require (for reasons to be recorded in the minutes of affidavit proceedings), admit an affidavit in evidence, although it is shown that the cross-examina. party against whom the affidavit is offered in evidence had no opportunity of cross-examining the person making the affidavit, on such terms, if any, as seem just.

tion.

91. Documentary evidence must be put in and read, or taken as read Documentary by consent.

Every document put in evidence shall be marked by the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the Court.

evidence.

92. Where the evidence adduced at the hearing varies substantially Variance of from the allegations of the respective parties in the pleadings, it shall be in evidence. the discretion of the Court to allow the pleadings to be amended.

93. The Court may allow such amendments on such terms as to Amendments. adjournment, costs, and other things as seem just, so as to avoid surprise and injury to any party: but all amendments necessary for the determina- tion in the existing suit of the real question in controversy between the parties shall be made if duly applied for.

fair trial.

94. The Court may at the hearing order or allow, on such terms as Pleading seem just, the striking out or amendment of any pleading that appears so prejudicing framed as to prejudice, embarrass, or delay the fair trial of the real questions in controversy between the parties.

Judgment.

95. Decisions and judgments shall be delivered or read in open court Publicity. in presence of the parties and their legal advisers.

96. If the judgment of the Court is reserved at the hearing, parties Summons to to the suit shall be summoned to hear judgment, unless the Court at the hear judgment, hearing states the day on which judgment will be delivered, in which case

no summons to hear judgment shall be issued.

97. All parties shall be deemed to have notice of any decision or judg- Notice to parties ment, if the same is pronounced at the hearing of the application or suit. of judgment.