Directory_and_Chronicle_1902 — Page 436

CODE OF CIVIL PROCEDURE-HONGKONG

333

5.- Where there are many erasures, interlineations, or alterations, Erasures, In- so that the affidavit proposed to be sworn is illegible or difficult to read, terlineations, or is, in the judgment of the officer before whom it is proposed to be sworn, so written as to give any facility for being added to, or in any way fraudulently altered, he may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear and legible and unobjectionable manner.

to be sworn.

6. Any affidavit sworn before any judge, officer, or other person in Before whom the United Kingdom or in any British colony, possession, or settlement authorized to take affidavits, or before any commissioner duly authorized by the Supreme Court to take affidavits in the United Kingdom or abroad, may be used in the Court in all cases where affidavits are admissible.

7.-Any affidavit sworn in any foreign parts out of Her Majesty's In Foreign dominions before a judge or magistrate, being authenticated by the official Parts. seal of the court to which he is attached or by a public notary, or before a British minister, consul, vice-consul, or consular agent, may be used in the Court in all cases where affidavits are admissible.

Judge, &c.

8. The fact that an affidavit purports to have been sworn in manner Proof of Beal

and Signature herein before 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, 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.

in Form,

9-The Court may permit an affidavit to be used, notwithstanding When defectivo it is defective in form according to these rules, if the Court is satisfied 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 worn before attorney, or before a partner or clerk of his attorney.

certain Persons.

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 re-swearing as seem reasonable.

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

Evidence de Bene Esse

Copy

tory to Hearing.

LVII.-Where the circumstances of the case appear to the Court as Fies 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 [sec 19 & 20 Vic. hearing of the suit or application, or may direct the Registrar to take 115.22 Vio. such evidence in like manner, and the evidence so taken may be used at Vic. c. 63, 24

Vic. c. 11.] the hearing of the suit or application, saving just exceptions.

6.

o. 20.—22 & 23

2.—The evidence shall be taken, as nearly as may be, as evidence at How to be 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.

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 apprehended 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, impose Terns.

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Court may