RULES OF SUPREME COURT IN CHINA
(iii.) Where the limited time is less than 6 days, the following days shall not be reckoned as part of the time, namely, Sunday, Good Friday, Monday and Tuesday in Easter week, Christmas Day, and the day next before and the day next after Christmas Day;
(iv.) Where the time expires on one of those days, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards not being one of those days.
4.-(1.) Summonses, orders, and other documents issuing from the Sealing of
Supreme Court, shall be scaled with the seal of that Court.
(2.) Those issuing from a Provincial Court shall be sealed with the official seal of that Court or of the Consular officer by whom they are issued.
Evidence and Witnesses.
documents.
declarations.
5.-(1.) All witnesses (except those objecting or incompetent to Oaths and take an oath) shall be examined upon oath, which shall be administered by the Court in the following form :-
"The evidence you shall give touching this charge [or this case or the matter in question, or as the case may be] shall be the truth, the whole truth, and nothing but the truth.
"So help you God.”
(2.) If any wituess shall object to take an oath, or shall be objected to as being incompetent to take an oath, the Court may administer a declaration in the following form:----
“I, A. B., solemnly promise and declare, &c.”
(3.) These forms may be varied in conformity with the religious belief of the witness into any form which he shall declare or admit to be binding on his conscience.
of witness.
6.-(1.) Every witness is first examined-in-chief by the party calling Examination him, during which examination no leading questions are admissible. If, however, the witness appears to be hostile to the party who has called him, he may, by leave of the Court, be asked leading questions as in cross-examination.
(2.) After the conclusion of the examination-in-chief, the other side has a right to cross-examine the witness. In cross-examination leading questions may be asked.
(3.) After the cross-examination, the party who called the witness has the right to re-examine him if any new fact arises out of the cross- examination, or in explanation of any part of his cross-examination, but the re-examination must be strictly confined to matters arising out of the cross-examination.
(4.) After the re-examination no further questions shall be asked of any witness, except by leave of and through the Court; but the Court is at liberty, at any stage of the proceedings, to put all such questions to any witness as may be necessary, in order to elicit all the facts of the case.
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7. Written evidence, such as affidavits, depositions, and docu- Written evid- ments of any description may be read at any convenient time before the ence, when to conclusion of the case of the party by whom it is produced.
it
be read.
order a witness to give evidence
without tender
8. In civil cases, when a person summoned as a witness appears in Court may Court, the Court may order him to give evidence, although his expenses may not have been tendered or paid to him; but the Court may, if thinks fit, order the proper allowances to be paid to any witness by the party calling him.
of expenses.
9. When the Court is satisfied in a criminal case that some person Deposition of dangerously ill and unlikely to recover is able and willing to give person dange evidence, it shall cause reasonable notice in writing to be served upon the unable to travel
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