2 THE ONTARIO CABINET LAWYER. CHAPTER I. AFFIDAVITS. An affidavit is a sworn, written statement of facts. Where persons entertain conscientious scruples about taking an oath, an affirmation may be made. The only difference between an affidavit and an affirmation, is this; the one is sworn to be true, the other is affirmed. The penalties for making a false affidavit or a false affirmation are identical. Affidavits should be written in words at length. It is advisable not to use figures in the body of the affidavit, although they may be used in the jurat. If any interlineations or erasures are made, the initials of the person before whom the affidavit is sworn should be put in the margin opposite such interlineations or erasures. If it is necessary to erase any words in an affidavit, do so with the pen and not with the knife. 1 Affidavits to be used in a suit or cause in any of the Courts of Law, as a general rule, require to be taken before a Commissioner; sometimes, they may be taken before a Justice of the Peace. The forms given will generally indicate before whom they should be sworn. Affidavits should be written in paragraphs: each paragraph relating, as much as possible, to a distinct subject. This is absolutely necessary in all the Courts, and the same method is recommended in every case. In the margin of an affidavit not intended for use in Court it is usual to state the name of the County wherein it is sworn. (Here state the facts to be sworn to plainly and accurately. If there are several matters to be sworn to, state them in paragraphs separately. First. That, &c. Second. That, &c. Third. That, &c. Confining each paragraph as much as possible to a distinct subject matter, and commencing each with a new line.) J. P. or a Commissioner, &c., for the County J. P. or a Commissioner, &c., for the County of [ ]. (If the affidavit or affirmation is made by more than one person, then the names of the several persons should be stated in the jurat, thus :) Affidavits to be used in a suit or cause in any of the Courts of Law, as a general rule, require to be taken before a Commissioner; sometimes, they may be taken before a Justice of the Peace. The forms given will generally indicate before whom they should be sworn. Affidavits should be written in paragraphs: each paragraph relating, as much as possible, to a distinct subject. This is absolutely necessary in all the Courts, and the same method is recommended in every case. In the margin of an affidavit not intended for use in Court it is usual to state the name of the County wherein it is sworn. (Here state the facts to be sworn to plainly and accurately. If there are several matters to be sworn to, state them in paragraphs separately. Confining each paragraph as much as possible to a distinct subject matter, and commencing each with a new line.) |