Directory_and_Chronicle_1886 — Page 790

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Irregularity.

Language,

Form.

Contents.

Erasures, interlineations,

80

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 substantially prejudicial to the party applying against the award.

XI.-AFFIDAVITS AND OTHER EVIdence. Affidavite.

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 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 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 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 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 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 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 or altorations, bad Consular officer in China or Japan, any erasure, interlincation, or altera- tion made before the affidavit is sworn, shall be attested by the officer, who shall affix his signature or initials in the margin immediately opposite to the erasure, interlineation, or alteration.

writing.

Before whom

affidavits may be sworn.

Affidavit defective in form.

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 require it to be re-written in a clear and legible and unobjectionable manner.

may

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 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 in form according to these Rules, if the Court is satisfied that it has been sworn