Any erasure, interlineation, or alteration, made before the affidavit is sworn, shall be attested by the officer, before whom it is sworn 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 existing form, and may require it to be re-written in clear and legible and unobjectionable manner.
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 affidavit, 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, in all cases where affidavits are admissible. An affidavit may be used, notwithstanding it is defective in form according to these Rules, if the court is satisfied that it has been sworn before a person duly authorized, and that its form is in accordance with the law and custom of the place where it is sworn.
An affidavit shall not be admitted which is proved to have been sworn before a person on whose behalf the same is offered or before his attorney, or before a partner or clerk of his attorney.
A defective or erroneous affidavit may be amended and re-sworn, by Special Leave of the Court, on such terms as to time, costs, and other things, as seem just.
Where an affidavit used in the Court is not in accordance with these Rules, the Court may make such Order respecting the costs of or connected with the affidavit as seems just.
Before an affidavit is used in the Court, the Original Office affidavit must be filed in the Court; and the Original or an Office copy thereof (that is, a copy sealed with the seal of the Court as evidence of its being a correct copy, and either made under the direction of the Court or produced to the Court for examination and sealing,) shall alone be recognized for any purpose in the Court.
Other Evidence.
On the Hearing of any Interlocutory or other Application in a Suit or Matter, the Court may, if it thinks it just and expedient, for reasons to be recorded in the minutes of proceedings, summon any person to attend to produce documents before it, or to be examined, or to be cross-examined and re-examined, vivâ voce, by or before it, in like manner as at the Hearing of Suit.
Such notice as the Court in each Case, according to the circumstances, considers reasonable shall be given to the person summoned, and to such persons (parties to the Suit or proceeding or otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine, cross-examine, or re-examine the person summoned, or to be present at his examination, cross-examination, or re-examination, as the Case may be.
The evidence of a Witness on any such examination, cross-examination, or re-examination shall be taken in like manner as nearly as may be, as the Hearing of a Suit.
Page 357
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Any erasure, interlineation, or alteration, made before the affidavit is sworn, shall be attested by the officer, before whom it is sworn 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 retuse to take the affidavit in existing form, and may require it to be re-written in clear and legible and unobjectionable manner.
An Affidavit sworn before any British judicial or Con- sular officer, authorized to take affidavits,before any Judge, Officer or other Person in the United Kingdom or in any British Colony or Possession, athorized to take affidavit, 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, in all cases where affidavits are admissible. An affidavit may be used, notwithstanding it is defec- tive in form according to these Rules, if the court is satisfied that it has been sworn before a person duly authorized, and that its form is in accordance with the law and custom of the place where it is sworn.
*
An affidavit shall not be admitted which is proved to have been sworn before a person on whose behalf the same is offered or before his attorney, or before a partner or clerk of his attorney.
. A defective or erroneous affidavit may be amended and re-sworn, by Special Leave of the Court, on such terms as to time, costs, and other things, as scem just.
Where an affidavit used in the Court is not in accord- ance with these Rules, the Court may make such Order respecting the costs of or connected with the affidavit as seems just.
Before an affidavit is used in the Conrt, the Original Office affidavit must be filed in the Court; and the Original or an Office copy thereof (that is, a copy sealed with the soal of the Court as evidence of its being a correct copy, and either made under the direction of the Court or produced to the Court for examination and sealing,) shall alone be recognized for any pur- pose in the Court,
Other Evidence.
On the Hearing of any Interlocutory or other Applica- tion in a Suit or Matter, the Court may, if it thinks it just and expedient, for reasons to be recorded in the minutes of proceedings, summon any person to attend to produce documents before it, or to be examined, or to be cross-examined and re-examined, vid voce, by or before it, in like manner as at the Hearing of Suit.
Such notice as the Court in each Case, according to the circumstances, considers reasonable shall be given to the per- son summoned, and to such persons (parties to the Suit or pro- ceeding or otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine, cross-exa- mine, or re-examine the person summoned, or to be present at his examination, cross-examination, or re-examination, as the Case may be.
The evidence of a Witness on any such examination, cross-examination, or re-examination shall be taken in like man- ner as nearly as may be, as the Hearing of a Suit,
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