as
Notice thereof.
Application against award.
Order of Court.
Remitting of
matters re- ferred.
Irregularity.
Language.
Form.
Contents.
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the reference, and the amount claimed by the arbitrators and umpire for remuneration.
Notice of the award having been deposited shall be given by the Court to the parties, who shall be at liberty to read the award and to have copies of it on payment of the proper fees.
226. Any person interested may within seven days after notice of the award apply to the Court by motion to prevent the award, or any specified part of it, being carried into effect.
227. If no such motion is made, the Court shall proceed, on reasonable notice to all parties, to make such order for carrying into effect the award or any part thereof, and as to costs an other things, as seems just.
228. The Court shall have power at any time, and from time to time, to remit the matters referred, or any of them, to the reconsideration and redetermination of the arbitrators or umpire, on such terms as to costs and other things as seem just.
229. The Court shall not refrain from carrying an award into effect merely on the ground of irregularity in the submission, or during the reference, where such irregularity has not been sub- stantially prejudicial to the party applying against the award.
XI-AFFIDAVITS AND OTHER EVIDENCE.
Affidavits.
230. Every affidavit used in the Court must be either in English, or in the usual and familiar language of the witness swearing it.
An affidavit in any language other than English, must be accompanied by a sworn translation into English, procured by and at the expense of the person using the affidavit.
231. Every affidavit, sworn before any British judicial or Consular officer in China or Japan, in the matter of any suit or other proceeding in Her Majesty's Courts in China and Japan, must be headed in the Court, and in the suit or pro- ceeding in which the affidavit is to be used.
It must state the full name, trade or profession, address and nationality, of the witness.
may
It be in the first or in the third person, and may be divided into convenient paragraphs numbered consecutively.
232. Every affidavit used in the Court must contain only a statement of facts and circumstances, to which the witness swears, either on his own personal knowledge, or from information which he believes to be true.
It must not contain any extraneous matter, by way of objection, prayer, or legal argument or conclusion; and every statement
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must be as brief and positive as may be consistent with proper fulness and with truth.
The matter of fact sworn to, whether in affirmation or denial,
if within the knowledge of the witness, must be sworn to posi- tively and certainly.
Where a witness swears to his belief in any matter of fact, such relief arising from any source other than his own personal know- ledge, he must set forth explicitly the facts and circumstances forming the ground of his belief.
Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person must be stated, and such particulars must be given as to the informant, and as to the time, place, and circum- stances of the information, as may afford means to other parties to verify or contradict the same.
alterations,
233. Where an affidavit is to be sworn before a British judi- Erasures, in- cial or Consular officer in China or Japan, any erasure, inter- terlineations, lineation, or alteration, made before the affidavit is sworn, bad writing. shall be attested by the officer, who shall affix his signature
or initials in the margin immediately opposite to the erasure, interlineation, or alteration.
Where there are many erasures, interlineations, or alterations, so that the affidavit proposed to be sworn is illegible, 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, he may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear and legible and unobjectionable
manner.
234. An affidavit sworn before any British judicial or Con- Before whom sular officer, authorized to take affidavits, before any Judge, affidavits may Officer or other person in the United Kingdom or in any British be sworn. colony or possession, authorized to take affidavits,-before any Mayor or other Magistrate in any foreign country authorized to administer an oath,-or in the case of a foreigner in China or Japan before his own proper Consular or other authority,—may be used in the Court.
235. An affidavit may be used, notwithstanding it is defective Affidavit in form according to these Rules, if the Court is satisfied that defective in
it has been sworn before a person duly authorized, and that its form. form is in accordance with the law and custom of the place where it is sworn.
236. An affidavit shall not be admitted which is proved to have Affidavit been sworn before a person on whose behalf the same is offered, sworn before or before his attorney, or before a partner or clerk of his attorney. suit.
attorney in
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