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The Hongkong Government Gazette.
VVI. Every agreement or submission to Arbitration by consent, whether by deed or instrument in Agreement or sub-
not under seal, may be made a rule of Court, on the application of any party thereto, unless such mission
in writing, bent or submission contain words purporting that the parties intend that it should not be made a rule may be made rule of Court, unless a contra- ry intention appear.
art.
Trial.
Power to adjourn trial.
XVII. It shall be lawful for the Court, at the trial of any cause where it may deem it right for the e of justice, to order an adjournment for such time, and subject to such terms and conditions as to costs, therwise, as the said Court may, think fit. XVIII. If any person, not being a native of China, called as a witness, or required or desiring to make Affirmation instead Mavit or deposition, shall refuse, or be unwilling from alleged conscientious motives, to be sworn, it of oath be lawful for the Court or other presiding officer, or person qualified to take affidavits or depositions, cases. being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to
is or her solemn affirmation or declaration in the words following;-videlicet.
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I. A. B., do solemnly, sincerely, and truly affirm and declare, that the taking of any Oath is, according to my religious belief, unlawful; and I do solemnly, sincerely, and truly affirm and declare, &c." solemn affirmation and declaration shall be of the same force and effect as if such person had taken an in the usual form.
XIX. If any person, being a native of China, called as a witness, or required or desiring to make an
in certain
Statement instead of
sit or deposition, shall refuse or be unwilling to be sworn, it shall be lawful for the Court or other oath by Chinese. Jing Officer, or person qualified to take affidavits or depositions, if it or he shall think fit, after having cautioned or caused to be cautioned him or her to speak the truth, to permit such person, instead of z sworn, to make his or her statement, which statement shall be of the same force and effect as if such a had taken an oath in the usual form.
or
XX. If any person, not being a native of China, making such solemn affirmation or declaration, or if Persons making person, being a native of China, making such statement, shall wilfully, falsely and corruptly affirm, declare, false affirmation
te any matter or thing which, if the same had been sworn in the usual form, would have amounted to same punishment as statement, subject to and corrupt Perjury, every such person so offending shall incur the same penalties as by the Laws and for perjury. hances of this Colony are or may be enacted or provided against persons convicted of wilful and corrupt
dy.
Witnesses.
witness.
XXI. A party producing a witness shall not be allowed to impeach his credit by general evidence of How far a party Saracter, but he may, in case the witness shall in the opinion of the Court prove adverse, contradict may discredit his own by other evidence, or by leave of the Court prove that he has made at other times a statement sistent with his present testimony; but before such lastmentioned proof can be given, the circumstances supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, e must be asked whether or not he has made such statement.
XXII. If a witness, Civil or Criminal, upon cross-examination as to a former statement made by him
Proof of contradic- of
ve to the subject matter of the cause, and inconsistent with his present testimony, does not distinctly tory statements that he has made such statement, proof may be given that he did in fact make it; but before such adverse witness. can be given, the circumstances of the supposed statement, sufficient to designate the particular Son, must be mentioned to the witness, and he must be asked whether or not he has made such
ment.
XXIII. A Witness may be cross-examined as to previous statements made by him in writing or reduced Cross-examination Friting, relative to the subject matter of the cause, without such writing being shown to him; but if it as to previous state- ended to contradict such witness by the writing, his attention must, before such contradictory proof can
ments in writing. sen, be called to those parts of the writing which are to be used for the purpose of so contradicting Provided always, that it shall be competent for the Court, at any time during the trial, to require the ction of the writing for its inspection, and the said Court may thereupon make such use of it for the es of the trial as it shall think fit.
XXIV. A Witness in any cause may be questioned as to whether he has been convicted of any Felony Proof of previous demeanor, and, upon being so questioned, if he either denies the fact, or refuses to answer, it shall be conviction of a witness for the opposite party to prove such conviction; and a certificate containing the substance and effect may be given, omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by erk of the Court, or other officer having the custody of the records of the Court where the offender victed, or by the deputy of such Clerk or efficer, shall, upon proof of the identity of the person, be int evidence of the said conviction, without proof of the signature or official character of the person
ng to have signed the same.
XV. It shall not be necessary to prove by the attesting witness any instrument to the validity of Attesting witness attestation is not requisite; and such instrument may be proved by admission, or otherwise, as ifnced not be called,
had been no
ing Parison witness thereto.
XXVI.
e shall
except in certain cases. of a disputed writing with any writing proved to the satisfaction of the Court to be Comparison of dis- permitted to be made by witnesses; and such writings, and the evidence of witnesses puted writing. same, may be submitted to the Court and Jury as evidence of the genuineness, or otherwise, writing in dispute.
XXVII. In every Rule Nisi for a new Trial, or to enter a verdict or nonsuit, the grounds upon which
ale shall have been granted shall be shortly stated therein. XVIII. When a new trial is granted on the ground that the verdict was against evidence, the cost frst trial shall abide the event, unless the Court shall otherwise order..
Motions, &c.
XIX. Upon motions founded upon affidavits, it shall be lawful for either party, with leave of the to make affidavits in answer to the affidavits of the opposite party, upon any new matter arising out'
affidavits, subject to all such rules as shall hereafter be made respecting such affidavits. XX. Upon the hearing of any motion or summons, it shall be lawful for the Court, at its discretion and
ch terms as it shall think reasonable, from time to time to order such documents as it may think fit) Produced, and such witnesses it may think necessary to appear, and be examined rivd roce, either ach Court or before the Registrar, and upon hearing such evidence, or reading the report of such
to make such rule or order as may be just.
Grounds to be stated
in rule Nisi for new Trial.
Payment of costs upon new Trial on matter of fact.
Affidavits on new
matter.
Power to Court to direct oval examina- tions of witnesses,
XXI. The Court may, by such Rule or Order, or any subsequent rule order, command the Proceedings before ce of the witnesses named therein, for the purpose of being examined, or the production of any and upon such exami- or other documents to be mentioned in such rule or order; and such rule or order shall be proceeded nation.
and shall have the same force and effect, as a rule of Court under an Act passed 1 W. 4, c. 22.
the same manner,
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