Directory_and_Chronicle_1910 — Page 378

IN CHINA AND COREA

documents.

Form 57.

140.-(1.) Any party may, without affiavit, apply to the Court for Discovery of an order directing any other party to an action or matter to make dis- covery on oath of the documents which are or have been in his possession or power relating to any matter in question. On the hearing of the application the Court may adjourn or refuse the same, if it is satisfied that this discovery is unnecessary, or not necessary at that stage of the cause or matter, or make such order either generally or limited to certain classes of documents as may in its discretion be thought fit.

(2.) The affidavit to be made by a party against whom such an order Form 58. of discovery has been made shall specify which (if any) of the documents he objects to produce and the grounds for his objection.

(3.) At any time during the pendency of an action or matter the Court may order the production on oath, by any party thereto, of such of the documents in his possession or power relating to any matter in ques- tion in the action or matter as the Court may think right, and

may deal with such documents, if produced, in such manner as shall appear just.

141.-(1.) If any party fails to comply with an order to answer Disobedience interrogatories or for discovery or inspection of documents, he shall be liable to attachment under Rule 176.

(2.) He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and if a defendant, to be placed in the same position as if he had not defended. And the party interrogat- ing may apply to the Court for an order to that effect, and the order may be made accordingly.

to order.

411

or portions of

142. Any one or more of the answers, or any part of an answer, to Single saawers, interrogatories, may be used by the opposite party in evidence without answers, may putting in the others or the whole of the answer. But in any case the be used. Court may look at the whole of the answers, and may direct others to be put in, if it be of opinion that any of them are so connected with those already put in that they should not be left out.

Witnesses.

witnesses.

143.-(1.) Summonses to witnesses may be issued by the Registrar Summonses to without leave of the Court, and may, by leave of the Court, be issued in Forms 62 and 63. blank and served by the party applying for them or his legal practitioner, but only one name shall be inserted in each summons.

(2.) It shall be sufficient if a summons to a witness be served a reasonable time before the return day.

taken vira core,

except where

otherwise provided.

here docu produced order or production

nients not

144. Except where otherwise provided by the Principal Order or Evidence to be these Rules, the evidence of witnesses shall be taken viva voce on onth. Where evidence is permitted to be taken by affidavit, such evidence may be taken viva voce on oath if the Court shall so direct.

145.-(1.) When a witness served with a summons to produce does not at the trial produce the document required, the Court, upon admission or proof of the service of the summons within a reasonable time, and that the documents are in the possession or power or under the control of the witness, and that they relate to the matter then pending before the Court, may make an order for their production by the witness, and may deal with them when produced and with all costs occasioned by their non-production as may seem just.

(2.) Nothing in this Rule shall prevent the Court form receiving secondary evidence, where admissible, of any document the production of which has been required as above.

nny be made.

Form 64.

146. When any document is produced to the Court from proper Documents custody, it shall be read without further proof if no objection be taken proper custody and if it appears genuine; if the admission of any document so produced to be read.

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