Directory_and_Chronicle_1900 — Page 327

IN CHINA AND JAPAN

267

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 niatters stated by him in the affidavit.

Alteration and

239. The judicial or Consular officer must not allow an affidavit, when once sworn, to be altered in any manner whatever without being re-sworn, re-swearing.

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.

242. Before an affidavit is used in the Court, the original affidavit Filing of

original office 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 made 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

interlocutory

243. On the hearing of any interlocutory or other application iu a Fied voce suit or matter, the Court may, if it thinks it just and expedient, for rea- evidence on sons to be recorded in the minutes of proceedings, summon a British sub- or other ject to attend to produce documents before it, or to be examined, or to be application. cross-examined, and re-examined, vivâ 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.

244. Where the circumstances of the case appear to the Court so to require, for reasons to be recorded in the minutes of proceedings, the Court may, in like manner, take the evidence of any witness at any time in 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 note 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.

vid voce evidence taken as preparatory to hearing.

245. Evidence may be taken in like manner on the application of any Evidence before person, before suit instituted, where it is shown to the satisfaction of the suit instituted.