A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
and use
715
H. K. Code,
s. 56 (7.)
seal of the court to which he is attached or of such magistrate, or before dominions, a public notary or a British consular officer, may be used in the Court thereof. in all cases where affidavits are admissible.
333. The fact that an affidavit purports to have been sworn in the manner prescribed by one of the last two preceding sections shall be primâ facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner, or other officer or person therein mentioned appended or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner, or other officer or person to administer oaths.
334. The Court may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.
in favour of putting to
affidavit pur-
sworn
have been
abroad.
Ib. s. 56 (8.)
Use of defective
O.38 r. 14.
tive affidavit.
affidavit
335. An affidavit shall not be admitted by the Court which is proved to have been sworn before the person on whose behalf the same is offered, or before his solicitor, or before a partner or clerk of his solicitor.
336. A defective or erroneous affidavit may be amended and re-sworn, by leave of the Court, on such terms as to time, costs, or otherwise as may seem reasonable.
337. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, shall alone be recognized for any purpose in the Court.
Evidence at Trial.
338. The Court may, in its discretion, permit that the evidence in any cause, or as to any particular matter in a cause, be taken by affidavit or that affidavits of any witnesses be read at the trial: Provided that every witness making an affidavit so received shall be liable to cross-examination in open Court, unless the Court directs the cross-examination to take place in any other manner.
party, etc.
H. K. Code,
s. 56 (10.)
of defective
Re-swearing
affidavit.
Ib. s. 56 (11.)
Filing and use of
original affidavit...
Ib. s. 56 (12)
Taking of
affidavit.
evidence by
Ib. s. 54 (2.)
admit
339. The Court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person who has made the affidavit.
340. No affidavit of any witness shall be read at the trial under the provisions herein before contained, except in pursuance of an order of
person not
cross-exam-
·Ib. s. 55 (3.)
Requirement
of order of
Court for
A.D. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
and use
715
H. K. Code,
8. 56 (7.)
seal of the court to which he is attached or of such magistrate, or before dominions, a publio notary or a British consular officer, may be used in the Court thereof. in all cases where affidavits are admissible.
333. The fact that an affidavit purports to have been sworn in the Presumption manner prescribed by one of the last two preceding sections shall be primâ facie evidence of the seal or signature, as the case may be, of any such court, judge, magistrate, commissioner, or other officer or person therein mentioned appended or subscribed to such affidavit, and of the authority of such court, judge, magistrate, commissioner, or other officer or person to administer oaths.
334. The Court may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by misdescription of parties or otherwise in the title or jurat or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.
in favour of porting to
affidavit pur-
sworn
have been
abroad.
Ib. s. 56 (8.)
Use of defec-
0.38 r. 14.
tive affidavit.
affidavit
335. An affidavit shall not be admitted by the Court which is proved Exclusion of to have been sworn before the person on whose behalf the same is offered, sworn before or before his solicitor, or before a partner or clerk of his solicitor.
986. A defective or erroneous affidavit may be amended and re-sworn, by leave of the Court, on such terms as to time, costs, or otherwise as may seem reasonable.
337. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, shall alone be recognized for any purpose in the Court.
Evidence at Trial.
338. The Court may, in its discretion, permit that the evidence in any cause, or as to any particular matter in a cause, be taken by affidavit or that affidavits of any witnesses be read at the trial: Provided that every witness making an affidavit so received shall be liable to cross-exam- ination in open Court, unless the Court directs the cross-examination to take place in any other manner.
party, etc. H. K. Code, #. 56 (10.)
of defective Re-swearing
affidavit. Ib. 9. 56 (11.) Filing and use of
original. affidavit... Ib. s. 66 (12)
Taking of affidavit. evidence by Ib. 8. 54 (2.)
admit
339. The Court may, in its discretion, if the interests of justice appear Power to absolutely so to require, admit an affidavit in evidence although it is affidavit of shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person who has made the affidavit.
340. No affidavit of any witness shall be read at the trial under the provisions herein before contained, except in pursuance of an order of
person not ined.
cross-exam-
·Ib. 8. 55 (3.)
Requirement Court for
of order of
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