Directory_and_Chronicle_1895 — Page 293

IN CHINA AND JAPAN

253

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 particular jurisdiction at the time of application, can give material evidence respecting the subject of the apprehended suit, but that he is about to leave the particular jurisdiction, or that from some other cause the person applying will lose the benefit of his evidence if it be not at once taken.

Witness dead, insane, or not appearing.

Proof of former

246. Where any person who might give evidence in any suit or mat- evidence. ter is dead, insane, or unavoidably absent at the time his evidence might be taken, or for any reason considered sufficient by the Court cannot ap- pear 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 judicial proceed- ing; provided that the subject matter of such former judicial proceeding was substantially the same as that of the existing suit, and that the par- ties 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 so to be given.

Oath.

247. On any occasion the Court may, if it thinks it just and expedient, for reasons to be recorded in the minutes of proceedings, take without oath the evidence of any person objecting on grounds of conscience to take an oath, the fact of the evidence having been so taken without oath being also recorded in the minutes of proceedings.

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Admission of Documents.

248. Where all parties to a suit are competent to make admissions, any Notice to admit. party may call on any other party, by notice filed in the Court, and served under order of the Court, to admit any document, saving just exceptions.

In case of refusal or neglect to admit, the costs of proof of the docu- Costa. ment shall be paid by the party refusing or neglecting, whatever be the result of the cause, unless the Court is of opinion that the refusal or neglect to admit was reasonable.

No costs of proof of any documents shall be allowed unless such notice has been given, except in cases where the omission to give the notice has in the opinion of the Court produced a saving of expense.

XII. MISCELLANEOUS PROVISIONS.

Attorneys and Agents.

and how

249. Every person doing any act or taking any proceeding in the In whose name, Court as plaintiff, or otherwise, must do so in his own name and not proceedings to otherwise, and either by himself, or by his attorney, procurator, or agent be taken. thereunto lawfully authorised in writing.

attorney.

250. Where such act is done or proceeding taken by an attorney, pro- Filing of curator, or agents, the power of attorney, or instrument constituting the Power of procurator or agent, or an authenticated copy thereof must be filed in the Court before or at the commencement of the proceedings.

Where the authority is special, and has reference only to the parti- cular proceeding to be taken, the original document itself must be filed.

Where the authority is general, or has reference to other matters in which the attorney, procurator, or agent is empowered to act, an authen- ticated copy of such document may be filed.

The authority, whether general or special, must be distinct and clear, so as to satisfy the Court that the person professing to act thereon has such authority as he claims to exercise.