Directory_and_Chronicle_1911 — Page 410

RULES OF SUPREME COURT IN CHINA

be objected to, the Court may adjourn the hearing for the proof of the document, and the party objecting shall pay the costs caused by the objection in case the document shall be afterwards proved, unless the Court shall otherwise order.

417

to use affidavit.

147. When a party desires to use at the trial an affidavit by any Notice of desire particular wituess or regarding any particular facts, he may, five clear days before the hearing, give a notice, with a copy of the affidavit Form 65. annexed, to the party against whom the affidavit is to be used, and unless the last-named party shall, within two clear days, give notice to the other party that he objects to the use of such affidavit, he shall be taken to have consented to the use of it, unless the Court otherwise order.

But the Court may allow an affidavit to be used in any case.

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de bene esse.

148 (1.) Whenever it shall be made to appear to the Court upon Evidence by the affidavit of any party to an action or matter, or of any credible deposition or person, that it is likely that any witness or person by reason of great age Form 66. and infirmity, illness, or any other sufficient cause may not be able to appear to give evidence at the trial, the Court may make an order, notice of which shall be served on the other side, for the examination on oath of such witness or person by the Court at any place, and may empower any party to the action or matter to give the deposition so taken in evi- dence on such terms, if any, as the Court may direct.

(2.) Such deposition shall not be used at the trial if it shall then be made to appear to the Court that the witness is able to appear and be examined vivâ voce.

149. All affidavits and depositions shall he read as the evidence of Affidavits; the person by whom they are used.

evidence of Persons using them.

Change of Parties.

150.-(1.) When by reason of any event occurring after the Notice to be

given of change commencement of any action or matter, there shall be any assignment, of party. creation, or transfer of the interest, estate, or title of any plaintiff before judgment, the person to or upon whom the interest estate, or title has come may give notice of the fact to the Registrar, with his name and Form 67. address, together with an affidavit of the truth of the fact. The Registrar shall at once cause a copy of the notice to be served upon the defendant in the action or matter, and a further notice stating that Form 68. unless by a certain date he appears and shows cause against it the person to or upon whom the interest, estate, or title has come will be substituted for or made ajoint plaintiff with the original plaintiff.

(2.) In the same manner with regard to any defendant such defendaut may give a similar notice to the Registrar, who shall take the like proceedings, and a defendant may be substituted or added, as the case may be, in the same manner as in the case of the substitution or addition of a plaintiff.

(3.) When a plaintiff or defendant is substituted or added under this Rule the title of the action shall be altered, and all subsequent proceedings carried on under the altered title.

151. No action or matter shall abate on account of the marriage, Abatement. death, or bankruptcy of any of the parties, if the cause of action survives or continues, and no action or matter shall become defective on account of the assignment, creation, or transfer of any estate or title while the action or matter is proceeding. And whether the cause of action survives or not, there shall be no abatement if either party die between the verdict or the finding of the issues of fact and the judgment may be entered in such case notwithstanding the death.

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