Oath - Law Dictionary Search Results
Home Dictionary Name: oathOath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection 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 instead of taking an oath in all places and for all purpose...
Affidavit
Affidavit [fr. affidare, M. Lat., to pledge one's faith, fr. fides, Lat.], a written statement sworn before a person having authority to administer an oath.By the practice of the Supreme Court of Judicature, all evidence is, as a rule, to be given viva voce; but this may be altered by agreement of the parties, or the Court or a judge may for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial on such conditions as are thought reasonable; provided that no such order be made where a witness can be produced and is bona fide required for cross-examination (R. S. C. 1883, Ord. XXXVII., r. 1). A new Procedure is provided for by R. S. C., Ord. XXXVIII. A., r. 8 J. affidavits must be confined to such facts as the witness is able of his own knowledge to prove, except on interlocutory motions, on which statements as to his belief, with the grounds thereof, may be admitted.As to time for fil...
Commissioners for Oaths
Commissioners for Oaths. Masters extraordinary in Chancery acted in very early times as commissioners to administer oaths to persons making affidavits (see that title) before them concerning Chancery suits, and the judges of the Common Law courts were authorized, under 29 Car. 2, c. 5, by commission to empower 'what and as many persons as they should think fit and necessary' to take affidavits for one shilling fee concerning Common Law actions. The Masters in Chancery were succeeded by solicitors under 16 & 17 Vict. c. 78, appointed by the Lord Chancellor, the fee being one shilling and sixpence.The (English) Commissioners for Oaths Act, 1889 (52 & 53 Vict. c. 10), which amends and consolidates twenty-four enactments on the subject, enacts by s. 1 that the Lord Chancellor may, from time to time, by commission signed by him, appoint practising solicitors or other fit and proper persons to be commissioners for oaths; with power, in England or elsewhere, to administer any oath or take any...
Supremacy, Oath of
Supremacy, Oath of, the abolished oath prescribed for nearly 200 years, together with the oath of allegiance, was to be taken by various high officers and persons by 1 W. & M. c. 8, and also by the Bill of Rights, 1 W. & M. sess. 2, c. 2, and is to this effect:-I, A.B., to swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position, that Princes excommunicated or deprived by the Pope, or any authority of the see of Rome, may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. Se help me God.This oath had to be taken by all clergy on their ordination until the passing of the Clerical Subscription Act, 1865, when a single oath, as prescribed by 21 & 22 Vict. c. 48, was substituted for the oaths of allegiance an...
Whoever legally bound by an oath or by an express provisions of law to state the truth
Whoever legally bound by an oath or by an express provisions of law to state the truth, The opening words of s. 191 'whoever being legally bound by an oath or by an express provision of law to state the truth........' do not support the submission that a man who is not bound under the law to make an affidavit, can if he does make one, deliberately retrain from stating truthfully the facts which are within his knowledge. The meaning of these words is that whenever in a court of law a person binds himself on oath to state the truth he is bound to state the truth and he cannot be heard to say that he should not have gone into the witness box or should not have made an affidavit and therefore the submission that any false statement which he had made after taking the oath is not covered by the words of s. 191, IPC is not supportable. Whenever a man makes a statement in court on oath he is bound to state the truth and if he does not, he makes himself liable under the provisions of s. 193. It...
Allegiance, Oath of
Allegiance, Oath of, A new form of this oath was substituted for the older form by 21 & 22 Vict. c. 48. A new form was again provided by 30 & 31 Vict. c. 75, s. 5, and this has in its turn been superseded by the (English) Promissory Oaths Act, 1868 (31 & 32 Vict. c. 72), which provides as follows: 'I, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors, according to law. So help me God.The 10th section of the Act provides that of Her present Majesty is expressed, the name of the Sovereign of this Kingdom shall be substituted from time to time.'See also Irish Free State (Agreement) Act, 1922, Sch., Art. 4.The oath, or an affirmation in similar terms, must be taken by certain high officers of State, by Judges of the Supreme Court and justices of the peace on their appointment, by Members of Parliament on taking their seats, and by clergymen before their ordination. A like oath must be taken by an alien on obtaining a certifica...
Increase, affidavit of
Increase, affidavit of. Affidavit of payment of in-creased costs, produced on taxation. 'Of the costs of the pleadings, and the office fees of the proceed-ings, in the cause down to trial, the record will, in general, sufficiently inform the taxing-master; but the amount of the costs of the trial, including the evidence and the suspending of and any payment to witnesses, counsel, and Court fees, must be supported by affidavit, commonly called the 'Affidavit of Increase' Gray on Costs. See also Annual Practice, 1937, R.S.C. Ord. LXV., r. 16, and note. For forms of affidavit, see Chitty's Forms and Scott on Costs....
Judicial oath
Judicial oath, the oath to be taken 'as soon as may be after acceptance of office' by the judges of the Supreme Court, and by justices of the peace for counties and boroughs. An affirmation may be substituted by every person for the time being by law permitted to make affirmation instead of oath. See Promissory Oaths Acts, 1868 (31 & 32 Vict. c. 72), ss. 4, 10, 11 by which the form is:-I do sear that I will well and truly serve our Sovereign in the office of, and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill-will. So help me God....
London Commissioners to administer oaths
London Commissioners to administer oaths. In pursuance of s. 2 of 16 & 17 Vict. c. 78 (repealed by the Commissioners for Oaths Act, 1889), persons practising as solicitors, within ten miles from Lincoln's Inn Hall, at their respective places of business were from time to time appointed by the Lord Chancellor to administer oaths. See, further, COMMISSIONER FOR OATHS...
affidavit of support
affidavit of support A document promising that the person who completes it will support an applicant financially in the United States. Family and certain employment immigration cases require the I-864 Affidavit of Support, which is legally binding.All other cases use the I-134 Affidavit of Support. Go to I-864 General Information & Frequently Asked Questions to learn more. Source: Department of State. March 2007. ...
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