58 ACKNOWLEDGMENTS-AFFIDAVITS. No. 4. Acknowledgment of a Deed to be Inrolled (a). FORM OF ACKNOWLEDGMENT. You acknowledge this to be your hand and seal, and this instrument to be your act and deed which you desire to have Inrolled. [Name and Designation of the Commissioner]. (a) Acknowledgments by Married Women are to be taken either by the Judges or by persons specially appointed and styled "Perpetual Commissioners." FORM OF OATH. Is that your name and handwriting? You do swear that the contents of this your Affidavit are true-So help you God. (To each Deponent.) Is that your name and handwriting? (To all the Deponents.) You do severally swear that the contents of this your affidavit are true-So help you God. (b) If all the deponents are not sworn at the same time, then a separate jurat must be written for each occasion on which the oath is administered. Is that your lordship's name and handwriting? You do swear that the contents of this your Affidavit are true-So help you God. No. 8. To an Affidavit by a " Marksman.” FORM OF JURAT. Sworn at, in the county of, this day of the Witness to the mark of the deponent (d) having been first sworn that (c) An Affidavit is, in all cases, to be sworn to by a Peernot declared upon honour. (d) If the Affidavit is read over to the deponent by the Commissioner himself, and not by another person, leave out such parts of the Form as refer to the oath of the Witness, and instead thereof say, "I having first truly, distinctly and audibly, &c., and that he, the deponent-seemed perfectly to understand the same," and conclude thus:—-' "and made his mark thereto in my presence." he had truly, distinctly, and audibly read over the contents of the above affidavit (e), to the said deponent, who seemed perfectly to understand the same, and that he saw him make his mark thereto. FORM OF OATH. Before me, [Name and Designation of the Commissioner]. (To the Witness.) (ƒ) Is that your name and handwriting? (9) You do swear that you have truly, distinctly and audibly read over the contents of this Affidavit to the deponent, and that you saw the said make his mark thereto-So help you God. (To the Deponent.) Is that your mark? You do swear that the contents of this your Affidavit are true-So help you God. (e) Where exhibits are referred to in an Affidavit made by a "marksman," add, "and explained the nature and effect of the exhibits therein referred to." (f) The oath of the Witness will of course be unnecessary in cases where the Commissioner himself reads and explains the affidavit to the deponent. (g) The form of attestation by the Witness should be written near the Jurat-and may be as follows :— "Witness to the mark of the said NOTE. "Where an affidavit is sworn by any person who appears to the officer taking the affidavit to be illiterate, the officer shall certify in the jurat that the affidavit was read in his presence to the deponent, that the deponent seemed perfectly to understand it, and that the deponent made his or her signature in the presence of the officer. No such affidavit shall be used in evidence in the absence of this certificate, unless the Court or a Judge is otherwise satisfied that the affidavit was read over to and apparently perfectly understood by the deponent." (See "Rules of the Supreme Court, April, 1880," rule 17.) No. 9. To an Affidavit (h) by a Foreigner through an Interpreter. FORM OF JURAT (¿). Sworn at day of in the county of, this through the interpretation of (h) The Forms under this number are applicable where the Affidavit is written in the English language. If written in a Foreign language, some competent person in England must translate the Affidavit, and make affidavit verifying the translation, and the three documents will then be filed together. (i) For Forms of jurats where the Foreigners are Hindu and Chinese, see Forms Nos. 10 and 11. |
