CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1207
of defective
s. 56 (5).
329. Where there are any interlineations, alterations, or erasures, 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, the officer may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear, legible, and unobjectionable manner.
H.K. Code, affidavit.
330. No affidavit having in the body or jurat thereof any interlineation, alteration, or erasure shall, without leave of the Court, O.38 r. 12. be read or made use of in any matter depending in the Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit, or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it.
sworn in
331. Any affidavit sworn before any Judge, officer, or other person in the United Kingdom or in any British possession the King's authorised to take affidavits, or before any commissioner duly authorised by the Supreme Court to take affidavits in the United Kingdom or in any British possession, may be used in the Court in all cases where affidavits are admissible.
H. K. Code, sworn out
332. Any affidavit sworn in any foreign parts out of His Majesty's dominions before a Judge or Magistrate, being authenticated by the official seal of the Court to which he is attached or of such Magistrate, or before a notary public or a British consular officer, may [ib. s. 56 (7).] be used in the Court in all cases where affidavits are admissible.
in favour of affidavits purporting to have been
333. The fact that an affidavit purports to have been sworn in the manner prescribed by one of the last two 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, [ib. s. 56 (8).] commissioner, or other officer or person to administer oaths.
sworn
334. The Court may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by mis- O.38 r. 14. tive affidavit.
; * As amended by No. 2 of 1912.
* As amended by No. 50 of 1911.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1207
of defective
s. 56 (5).
329. Where there
are any interlineations, alterations, or Re-writing erasures, so that the affidavit proposed to be sworn is illegible or affidavit. difficult to read, or is in the judgment of the officer before whom it H.K. Code, is proposed to be sworn, so written as to give any facility for being added to or in any way fraudulently altered, the officer may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear, legible, and unobjectionable manner.
affidavit.
330. No affidavit having in the body or jurat thereof any inter- Alteration in lineation, alteration, or erasure shall, without leave of the Court, 0.38 7. 12. be read or made use of in any matter depending in the Court unless the interlineation or alteration (other than by erasure) is authen- ticated by the initials of the officer taking the affidavit, or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it.
sworn in
331. Any affidavit sworn before any Judge, officer, or other Affidavits person in the United Kingdom or in any British possession the King's authorised to take affidavits, or before any commissioner duly dominions. authorised by the Supreme Court to take affidavits in the United s. 56 (6). Kingdom or in any British possession, may be used in the Court in all cases where affidavits are admissible.
H. K. Code,
sworn out
332. Any affidavit sworn in any foreign parts out of His Majesty's Affidavits dominions before a Judge or Magistrate, being authenticated by of the King's the official seal of the Court to which he is attached or of such Ma- dominions. gistrate, or before a notary public or a British consular officer, may
[ib. s. 56 (7).] be used in the Court in all cases where affidavits are admissible.
*
in favour of affidavits
pur-
have been
333. The fact that an affidavit purports to have been sworn in Presumption the manner prescribed by one of the last two sections shall be primâ facie evidence of the seal or signature, as the case may be, porting to of any such Court, Judge, Magistrate, commissioner, or other officer or person therein mentioned, appended, or subscribed to such abroad. affidavit, and of the authority of such Court, Judge, Magistrate,
[ib. s. 56 (8).] commissioner, or other officer or person to administer oaths.
sworn
>
334. The Court may receive any affidavit sworn for the purpose Use of defec- of being used in any cause, notwithstanding any defect by mis- 0.38 7. 14.
tive affidavit.
;
* As amended by No. 2 of 1912.
As amended by No. 50 of 1911.
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