662911-1888-Chinese-Emigration-Consolidation-Bill — Page 28

THE HONGKONG GOVERNMENT, GAZETTE, 24TH NOVEMBER, 1888.

may be given by a partner or officer of the bank orally or by an affidavit sworn before any person authorised to take affidavits.

(2.) Provided also that it be proved by some person who has examined the copy with the original entry orally or by affidavit sworn as aforesaid that the copy has been examined with the original entry and is correct.

(3.) Provided further that a banker or officer of a bank shall not in any proceedings to which the bank is not party be compelled to produce any banker's book the contents of which can be proved under this Ordinance or to appear as a witness to prove the matters, transactions or accounts therein recorded unless by order of a judge made for special cause.

23. On the application of any party to any proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of such proceedings. An order under this section may be made either with or with summoning the bank or any other party, and shall be served on the bank three clear days before the same is to be obeyed, unless such Court or judge otherwise directs. Provided always that the cost of any application to such Court or judge under or for the purposes of this section, and the cost of anything done or to be done under an order of such Court or judge made under or for the purposes of section shall be in the discretion of such Court or judge, who may order the same or any part thereof to be paid to any party by the bank, where the same have been occasioned by any default or delay on the part of the bank. Any such order against a bank may be enforced as if the bank was a party to the proceeding.

24. Sunday, Christmas Day, Good Friday, and any bank holiday shall be excluded from the computation of time under sections 22 and 23.

25. All proclamations, treaties and other acts of state of any Foreign State or of any other British Colony and all judgments, decrces, orders, and other judicial proceedings of any Court of Justice or any Consulate in any Foreign State or in any other British Colony, and all affidavits, pleadings, and other legal documents filed or deposited in any such Court or Consulate may be proved in the Court either by examined copies or by copies authenticated as hereinafter mentioned; that is to say, if the document sought to be proved be a proclamation treaty, or other act of State, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the Foreign State or British Colony to which the original document belongs, and if the document sought to be proved be a judgment, decree, order, or other judicial proceeding of any Foreign or Colonial Court, or an affidavit, pleading, or other legal document filed or deposited in any such Court the authenticated copy to be admissible in evidence must pur- port either to be sealed with the seal of the Foreign or Colonial Court or in the event of such Court having no seal, to be signed by the judge or if there be more than one judge, by any one of the judges of the said Court; and such judge shall attach to his signature a statement in writing on the said copy that the Court whereof he is a judge has no seal; but if any of the aforesaid authenticated copies shall purport to be sealed or signed as hereinbefore res- pectively directed, the same shall respectively be admitted in evidence in every case in which the original document could have been received in evidence, without any proof of the seal where a seal is necessary or of the signature, or of the truth of the statement attached thereto, where such signature and statement are necessary or of the judicial character of the person appearing to have made such signature and statement.

26. All answers to interrogatories disclaimers, examina- tions, affidavits, declarations, affirmations, and attestations of honour and all other documents required to be sworn or declared in suits or matters depending in the Supreme Court, and also acknowledgments required for the purposes of enrolling any deed in the said Court, shall and may be sworn, declared and taken in England, Scotland or Ireland, or the Channel Islands, or in any other Colony, island, plantation, or place under the dominion of Her Majesty in Foreign parts, before any Court, judge, notary public, or person lawfully authorised to administer oaths in such country, colony, island, plantation, or place respectively, or before any of Her Majesty's Consuls or Vice-Consuls in any

Court or judge may direct copies to be taken.

(No. 3 of 1885, ss. 6 and 7.)

Certain days excluded from computation of time. (No. 3 of 1885, $.9.)

Foreign and colonial acts

of state,

C.

judgments,

provable by certified copies without proof of scal or signature or judicial character of person signing the same. (No. 3 of 1852 S. 5, 14 and 15 V. c. 99 s. 6.)

Answers, &c. in Supreme Court.

may be sworn and taken in England, Scotland, Ireland, the Channel Island, &c. (15 and 16 V.c. 86's. 22. No. 7 of 1857

1.)

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