CODE OF CIVIL PROCEDURE.

No. 3 of 1901. 1193

affidavit.

329. Where there are any interlineations, alterations, or erasures, so that the affidavit proposed to be sworn is illegible or defective or difficult to read, or is in the judgment of the officer before whom it is proposed to be sworn, so written as to give any facility for being added to or in any way fraudulently altered, the officer may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear, legible, and unobjectionable manner.

O. 38, r. 12.

330. No affidavit having in the body or jurat thereof any interlineation, alteration, or erasure shall, without leave of the court, be read or made use of in any matter depending in the court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit, or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it.

331. Any affidavit sworn before any judge, officer, or other person in the United Kingdom or in any British possession authorised to take affidavits, or before any commissioner duly authorised by the Supreme Court to take affidavits in the United Kingdom or in any British possession, may be used in the court in all cases where affidavits are admissible.

H. K. Code, s. 56 (6).

332. Any affidavit sworn in any foreign parts out of His Majesty's dominions before a judge or magistrate, being authenticated by the official seal of the foreign court to which he is attached or of such magistrate, or before a notary public or a British consular officer, may be used in the court in all cases where affidavits are admissible.

H. K. Code, s. 56 (7).

333. The fact that an affidavit purports to have been sworn in the manner prescribed by section 331 or section 332 shall be prima facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner, or other officer or person therein mentioned, appended, or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner, or other officer or person to administer oaths.

H. K. Code, s. 56 (8).

* As amended by Law Rev. Ord., 1924,

sworn abroad.

*

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