TAKING THE OATH.

Dominion, Volume 1, Issue 249, 14 July 1908, Page 8

TAKING THE OATH.

THE WHOLE TRUTH AND NOTHINC BUT THE TRUTH. PRIVILEGES OF WITNESSES.. Outside of the knowledge that an oath is something which binds a person to speak tho truth, the wholo truth, and nothing but tho truth, ivhen- giving- evidence, the average citizqn has- little-or no conception of "his rights and privileges as to the manner in lyhith the oath shall bo administered to him. A good many Justices of tho Peace, too, have a very 'hazy idea, of how far a witness can go in'insisting on certain privileges when taking the oath. A Government official recently insisted upon a,.witness of the Jewish faith removing his hat whilst the oath was being administered to, him.. The matter has been talked about a great deal since the ruling of tho officer in question was. made public, and the quaint ideas held in some, quarters prompted a' representative of The Dominion to look up some authorities on the subject generally. The recognised procedure is that a witness may be sworn according to . the peculiar circumstances of his religion, or in such manner as ho may consider bound by conscience. In the case of Jews all the authorities agree that persons, of this faith are sworn with their hats on. . . ' Stones' Justices' Manual, dealing with oaths, , says ' person upon objecting. to being sworn and stating as the ground of. such objection either that he has no religious belief or that the taking of an oath is contrary to His religious ' belief, shall be permitted to make his solemn affirmation. . .

in sj.II places and for all purposes where an oath is or shall he required by law,'which 'affirmation shall bo of, the same force and effect as if. he had .taken tho.oath; and'.if any person.making such affirmation shall wilfully, falsely, and corruptly affirm any mattor or. thing .which, if deposed on oath would have amounted to wilful and corrupt perjury, he shall be; liable, to prosecution, indictment, sentence,-and 'punishment' in all respects as if lie had committed wilful and corrupt perjury. When an; oath has been duly administered and. taken, /the fact that tlio person to whom thij.,same.;was administered had,, at the tinio. of taking such oath, no religion, shall not; for any purpose, affect the, validity of such oath. , The oath .is to bo administered in such form' and mode as according to the religion of such parties will bo a moral obligation. The rule iis laid' down in the books is that the witness must take the New Testament in his'or her bare right hand, and the usual form of'..oath in English Courts is, " The evidence' that. you. shall - give shall be the truth, .the whole.truth ana nothing but tlio truth; so.help you God." If any person to whom ' an' "oath is administered desires to swear with 'uplifted hand (on sanitary grounds)-in the form and manner in which an"' oath is' usually administered ' in Scotland, ho shall be permitted so to- do,- and:, the' oath, ■.shall be administered, to him in such form and 'man-ner'-without'further question. . Tho form and . manner " in which an oath is usually administered, in.Scotland.is as follows: —The judge directs the witness to stand and hold up his right hand, tho oath to; bo.in the following terms :—"1 swear by Almighty God, as I shall answer to God at tho Great Day of Judgmcjnt,':tliat, I'will'speak the truth, the whole, .truth, and nothing but the truth.The Secretary-,of;Stfite, in-a letter to clerks, justices"/and coroners; dated May 29, 1893, advised that ,the-section .does, not by reference to 1 Scotch prictice; 'proscribe.;for. tho rest -of the United- Kingdom either who is to administer tho oath,' or what is the formula of words to 'bo used, by: tho person swearing,' to describo that which he swears to. Tho'section applies to all oaths whatsoever.. The initiative rests with tho person desiring'to be sworn in tho mode authorised by tho section.' .When he'has expressed his wish to ■ bo, so sworn; no question as to his religious belief is'to bo asked, nor is lie to be; required to;hold or kiss a Biblo while bemg sworh. A Jew swears on the Pentateuch, tlie head being-covered. A Mohammedan is sworn on tho Koran., According to Archbold's-Pleading, Evidence, and Practice -in Criminal Cases, the form of, oath- where-the. witness, is sworn varies according to tho religion or country of the witness. ;• Christians, are swornfon-rtne New; Testanjent"; Jews on iho Old Testament; Mohammedans on. the, Koran; 'and persons of other religions according-.to tlio form.prescribed : 'for that. purpose, by tho . -religion tliey profess. Christians are'sworn with; their hats off, Jews with thoir hats on. Even 'among the.different sects of Christians there may. be different modes of taking . the oath, Each witness, in short,- swears ,in the particular form prescribed'by his religion, the only general rule tliat can ,be laid down on the subject being that the oath must, bo such as the;witness deems obligatory upon bis conscience.:,' ; . . . -.. Some of the forms, of oath, have a quaint ring. The. Chinese oath is ..administered in various forms', the most popular practice in New' Zealand courts being for tho witness to blow out: a.match. ' Another form,, not,;so well known, is for .the witness, on entering; the box to; kneel down, and a china sauiei; having been placqd on his hand ho breaks .the saucor. The .following oath by him:—."You will speak the truth,, the, whole truth, and nothing- truth—as this saucer, is .broken, so, if you do. spoak the truth, the whole,truth, : and :nothing but the truth, your soul, will • perish like this.saucer." . ■•' . ,' The' Mohammedan form, of oath is, as toiimvs —Tiro -witness places his right hand flat on the Koran, and puts his othor hand to. lug forehead,.' bringing the top of his forehead, down-to the book, and touching; it ,with his head.- Tho witness then raises his head, aid' with his - eves fixed on tho book is > asked if bv - this ceVemony he has bonnd. ■ himseli to speak the truth, tho whole truth, and r.othihg but''the truth. If he answers this'is sufficient oath.' •