776
Use of deposition taken on examination. O. 37, r. 18.
Rules as to form and substance of affidavit. H.K. Code, s. 56 (1) to (4). O. 38, rr. 7, 8.
Re-writing of defective affidavit. H.K. Code, s. 56 (5).
Alteration in affidavit. O. 38, r. 12.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
327. Except where by this Code otherwise provided or directed by the court, no deposition shall be given in evidence at the trial of the cause without the consent of the party against whom the same is offered unless the court is satisfied that the deponent--
(1) is dead; or
(2) is beyond the jurisdiction of the court; or
(3) is unable from sickness or other infirmity to attend the trial,
in any of which cases the deposition, certified by the court or under the hand of the person taking the examination, as the case may be, shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.
Affidavits.
328. (1) Every affidavit used in the court shall be in the English language.
(2) It shall be drawn up in the first person, and shall be divided into paragraphs numbered consecutively; and each paragraph shall, as nearly as may be, be confined to a distinct portion of the subject.
(3) It shall state the description and true place of abode of the deponent.
(4) It shall contain, and 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.
(5) 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 shall be stated.
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.
330. No affidavit having in the body or jurat thereof any interlineation, alteration or erasure shall without leave of the court be used in evidence.
776
Use of deposition
.taken on
examina-, tion.
O. 37, r. 18.
Rules as to form and substance: of affidavit. H.K. Code,
s. 56 (1) to (4).
O. 38, rr.
7, 8.
Re-writing of defective affidavit.
H.K. Code, s. 56 (5).
Alteration in affidavit. 0. 38, r. 12.
No. 3 of 1901.
СІЙ
CODE OF CIVIL PROCEDURE.
327. Except where by this Code otherwise provided or directed by the court, no deposition shall be given in evidence at the trial of the cause without the consent of the party against whom the same is offered unless the court is satisfied that the deponent--
(1) is dead; or
(2) is beyond the jurisdiction of the court; or
(3) is unable from sickness or other infirmity to attend the trial,
in any of which cases the deposition, certified by the court or under the hand of the person taking the examination, as the case may be, shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.
Affidavits.
328. (1) Every affidavit used in the court shall be in the· English language.
(2) It shall be drawn up in the first person, and shall be divided into paragraphs numbered consecutively; and each para- graph shall, as nearly as may be, be confined to a distinct portion of the subject.
(3) It shall state the description and true place of abode of the deponent.
(4) It shall contain, and 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.
(5) 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 shall be stated.
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.
330. No affidavit having in the body or jural thereof any interlineation, alteration or erasure shall without leave of the
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