Irregularity.
Language.
FORA.
Contents.
Erasures, interlineations
78
RULES OF SUPREME COURT
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-AFFIDAVIT 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 affilavit 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 affi lavit, sworn before any British judicial or Con- sular officer in China or Japan, in the matter of any suit or other proceeding in Her Majesty's Court in China and Japan, must be headed in the Court, and in the suit or proceeding in which the affidavit is to be used.
It must state the full name, trade or profession, address, and nationality of the witness.
It may ie 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 must be as brief and positive as may be consistent with proper fullness 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 positively and certainly.
Where a witness swears to his belief in any matter of fact, such belief arising from any source other than his own personal knowledge, 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 i. formation 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 circumstances of the information, as may afford means to other parties to verify or contradict the same.
233. Where an affidavit is to be sworn before a British judicial alterations, bad writing or Consular officer in China or Japan, any erasure, interlineation, or alteration made before the affidavit is sworn, shall be attested by the officer, who shall affix his signature or initials in the magin immediately opposite to the erasure, interlineation, or alteration.
Before whom affidavits may be sworn.
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 Consular officer, authorized to take affidavits,-before any Judge, Officer, or other person in the United Kingdom, or in any British colony or possession, authorized to take affidavits, before any Mayor or other