Contents.
Brasures,
260
RULES OF SUPREME COURT
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 kuowledge, 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 interlineations Consular officer in China or Japan, any erasure, interlineation, or altera- alterations, bad writing. 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.
Before whom affidavit may be sworn.
Affidavit defective in form.
Affidavit 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 raudulently altered, he may refuse to take the affidavit in its existing form and may require it to be re-written in clear and legible and unobjectiona le manner.
234. An affidavit sworn befor any British judicial or Consular officer, authorized to take affidavits,-b fore any Judge, officer, or other person in the United Kingdom, or in any British colony or poss ssion, authorized to take affidavi 8,-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 prop. r 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 Rul s, 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.
236. Any affidavit shall not be admitted which is proved to have been before attorney sworn before a person on whose behalf the same is offered, or before his
attorney, or before a partner or clerk of his attorney.
în suit.
Signature of witness.
Jurat.
237. Every affidavit sworn before a British judicial or Consular officer in China or Japan must be signed ny the witness; or in case the witness cannot write his name, his mark must be subscribed, such signature or mark to be made in the presence of the officer.
238. The jurat should be written without interlineation or erasure, immediately at the foot of the affidavit, and towards the left side of the paper, and muste signed by the judicial or Consular officer before whom the affidavit is sworn, and be sealed with the seal of the Court of which he is an officer, or with his Cousular or other official seal (as the case may be). It must state the date of the swearing of the affidavit, aud the place where it was sworn.
It must state that the affidavit was sworn before the judicial or Consular officer.
Where the witness is blind or illiterate it must state that fact, and that the witness appeared perfectly to understand it.
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