See also:

• AFFIDAVIT (Med. Lat. for " he has declared upon oath," from afftdare, fides, faith)

AFFIDAVIT (Med. See also:

• LAT

Lat. for " he has declared upon See also:

• OATH (0. Eng. ddh)

oath," from afftdare, fides, faith)  , a written statement sworn or affirmed to before some See also:

• PERSON, OFFENCES AGAINST THE

person who has authority to administer an See also:

• OATH (0. Eng. ddh)

oath or See also:

• AFFIRMATION (from Lat. affirmare, to assert)

affirmation . See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

Evidence is chiefly taken by means of affidavits in the See also:

• CHANCERY

Chancery See also:

• DIVISION (from Lat. dividere, to break up into parts, separate)

Division of the High See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

Court of See also:

• JUSTICE (Lat. justitia)

Justice in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England See also:

• AFFILIATION (from Lat. ad filiare, to adopt as a son)

AFFILIATION on a See also:

• PETITION (Lat. for " seeking " or " praying ")

petition, See also:

• SUMMONS (Fr. semonce, from semonner or semondre, Lat. summonere, summonitio)

summons or See also:

• MOTION (Lat. motio, from movere, to move)
• MOTION, LAWS OF

motion . Interlocutory proceedings before trial are conducted by affidavits, e.g. for See also:

• DISCOVERY

discovery of documents, hence called See also:

• AFFIDAVIT (Med. Lat. for " he has declared upon oath," from afftdare, fides, faith)

affidavit of documents . Affidavits are sometimes necessary as certificates that certain formalities have been duly and legally performed (such as service of proceedings, &t:.) . They are extensively used in See also:

• BANKRUPTCY (from Lat. bancus or Fr. banquet table or counter, and Lat. ruptus, broken)

bankruptcy practice, in the See also:

• ADMINISTRATION (Lat. administrare, to serve)

administration of the See also:

• REVENUE
• REVENUE (0. Fr. revenu, from revenir, to return)

revenue and in the inferior and See also:

• COUNTY (through Norm. Fr. comae, cf. O. Fr. cunte, conk', Mod. Fr. comae, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT)

county courts . In testamentary causes, all documents of any See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind, such as See also:

• WILLS, WILLIAM GORMAN (1828-1891)

wills, codicils, drafts or instructions of same must be filed in the See also:

• FORM (Lat. forma)

form of affidavits (termed affidavits of scripts) . In See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland the testimony of witnesses by affidavit is almost unknown, except in a few non-contentious cases as prima facie evidence . In the rules of the Supreme Court (R.S.C . Ord . XXXVIII.) certain formal requirements are laid down for all affidavits and affirmations in causes or matters depending in the High Court . An affidavit must consist of See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title, See also:

• BODY

body or statement and See also:

• JURAT (through Fr. from med. Lat. juratus, one sworn, Lat. jurare, to swear)

jurat . It must be written or printed on See also:

• FOOLSCAP

foolscap, bookwise, in the first person; give correctly the names of the parties to the See also:

• ACTION

action; and the description and true See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place of See also:

• ABODE (from " abide," to dwell, properly " to wait for ," to bide)

abode of the deponent .

An affidavit is confined, except on interlocutory motions, to such facts as the See also:

• WITNESS
• WITNESS (from O. Eng. witan, to know)

witness is able of his own knowledge to prove . The See also:

• SIGNATURE (through Fr. from Lat. signature, signare, to sign, signum, mark, token, sign)

signature of the deponent must be written opposite to the jurat, which must contain the place, date and See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time of See also:

• SWEARING (O. Eng. swerian, to swear, originally to speak aloud, cf. andswerian, to answer, Ger. schworen, Dan. svaerge, &c., all from root sorer-, to make a sound, cf. " swarm," properly the buzzing of bees, Lat. susurrus)

swearing, and this signed by the officer or See also:

• MAGISTRATE (Lat. magistratus, from magister, master, properly a public office, hence the person holding such an office)

magistrate before whom the affidavit is sworn . An affidavit sworn on a See also:

• SUNDAY

Sunday is not invalid . See also:

• QUAKERS

Quakers, Moravians and Separatists were first privileged to make a See also:

• SOLEMN (Lat. sollemnis, sollemnis, less correctly solennis, yearly, annual; from sollus = totus, whole, entire, Gr. Mos., and annus, year)

solemn See also:

• DECLARATION (from Lat. declarare, to make fully clear, clams)

declaration or affirmation, and by the See also:

• COMMON

Common See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

Law See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

Procedure See also:

• ACT (Lat. actus, actum)

Act 1852 and other statutes all persons prevented by religious belief from taking an oath were allowed to affirm; and, finally, by the Oaths Act 1888, every person who See also:

• OBJECTS

objects to be sworn is allowed to affirm in all places and for all purposes where an oath is required by law . By an act of 1835 justices are permitted to take affidavits in any See also:

• MATTER

matter by declaration, and a person making a false affidavit in this way is liable to See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment . The same act prohibited justices of See also:

• PEACE
• PEACE, BREACH OF THE

peace from administering oaths in any matter in which they had not See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction as See also:

• JUDGES, THE BOOK OF

judges, except when an oath was specially authorized by See also:

• STATUTE

statute, as in the bankruptcy law, and excepting criminal inquiries, See also:

• PARLIAMENTARY

parliamentary proceedings and instances where oaths are required to give validity to documents abroad . Scottish justices can act in England and See also:

• VICE

vice versa . The Oaths Act 1888 and the See also:

• COMMISSIONER

Commissioner of Oaths Act 1889 consolidated all previous enactments See also:

• RELATING

relating to oaths and gave the See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord See also:

• CHANCELLOR (M. Eng. and Anglo-Fr. canceler, chanceler, Fr. chancelier, Lat. cancellarius)

chancellor See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power to appoint commissioners for oaths to take affidavits for all purposes (see OATH) . Under the Debtors Act 1869 a See also:

• PLAINTIFF

plaintiff may See also:

• FILE

file an affidavit for the See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

arrest of a debtor (affidavit to hold to See also:

• BAIL

bail) when the See also:

• DEBT (Lat. debitum, a thing owed)

debt amounts to £5o or upwards, where it can be shown that the debtor's See also:

• ABSENCE (Lat. absentia)

absence from the See also:

• KINGDOM

kingdom would materially See also:

• PREJUDICE (Lat. praejudicium)

prejudice the See also:

• PROSECUTION

prosecution of the action . Affidavits may be made abroad before any See also:

• BRITISH

British See also:

• AMBASSADOR (also EMBASSADOR, the form sometimes still used in America; from the Fr. ambassadeur, with which compare Ital. ambasciatore and Span. embajador, all variants of the Med. Lat. ambassiator, ambassiator, ambasator, &c., derived from Med. Lat. amba

ambassador, See also:

• ENVOY (Fr. envoye, " sent ")

envoy, See also:

• MINISTER (Lat. minister, servant)

minister, See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge d'affaires, secretary of See also:

• EMBASSY

embassy or See also:

• LEGATION (Lat. legalio, a sending or mission)

legation, See also:

• CONSUL
• CONSUL (in Gr. generally ihraros,ashortened form of errpavgybs 8hraeos, i.e. praetor maximus)

consul or consular See also:

• AGENT (from Lat. agere, to act)

agent . In the See also:

• UNITED

United States affidavit has the same meaning as in England and its See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general uses are the same, but it is not substituted for oral evidence in court to anything like the extent to which that is done in the See also:

• ENGLISH

English courts of chancery . The statutes of each See also:

• STATE
• STATE, GREAT OFFICERS OF

state designate the persons before whom affidavits may be made outside the state, and See also:

• SPECIAL

special commissioners are appointed for that purpose by each state .

Affidavits made abroad must be made before such commissioners or persons so designated, who are usually See also:

• DIPLOMATIC

diplomatic and consular officials, justices, notaries public or mayors . "Affidavit of documents" is not generally used in the United States; discovery is procured by motion .