Oaths

Manawatu Herald, 15 April 1899, Page 2

Oaths

The present unfortunate system in Magistrates Courts of compelling witnesses to take the oath now administered, bids fair, within a reasonable period to be numbered among the many foolish things of the past. Experienced Magistrates are continualty calling attention to the large amount of perjury daily committed which proved that the last words of the usual oath are reckoned of little value by the majority of witnesses, and thus is of no use to utter. It is persumed that all who give evidence in a Court are bound to speak the truth, and nothing but the truth, and their assertion of such is of as much value at the oath now tendered, and if, as It 1 can be, made punishable as though an oath was taken, the protection of the public I is secured against perjurers just as well, and the public would not be offended by the Almighty's name being banded about in a brusque manner many times a day. It is at present the law that if a man conscientiously objects to swear, he may affirm but he must to do so have conscientious scruples. We have been witnesses of the absurd attempts made by magistrates and prosecuting counsel to ascertain from children their idea of the nature of an oath, and as to what will become of them if they should' tell a fie. The government have become aware of the increasing difficulty that is experiennee of obtaining a satisfactory reply to snch questions, owing a great deal from the character of the education imparted to the young in our State Schools, and have therefore passed an Act enabling infants under the age of twelve years to give evidence without being sworn. We give the clause of the Act in full as it appears to us the only avowal that n«ed be required from any witness, and such an amendment in " The Oath's Act " would simplify evorybody's duty concerned in a Court case. The clause is as follows:--" All witnesses who are infants under the age of twelve years may be examined without oath, and any witness so to be examined shall be required, as a preliminary to his examination as a witness, to make the following declaration. " I promise to speak the truth, the whole truth and nothing but the truth ; " and such declaration shall be of the same force and effect as if such witness had taken an oath."