21. Oath to Interpreter.

"You shall well and truly interpret and explanation make to the Court, the jury, and the witness of all such matters and things as shall be required of you, to the best of your skill and understanding. So help you God."

22. Oath to Bailiff when Jury retires.

"You shall well and truly keep this jury in some private and convenient place without meat, drink, or fire, light only excepted; you shall not suffer anyone to speak to them, neither shall you speak to them yourself, unless it be to ask them whether they have agreed on their verdict, without leave of the Court. So help you God."

AFFIRMATION

Of a-(a) witness, or (b) juror-who objects to take an oath on the ground either that he has no religious belief, or that the taking of an oath is contrary to his religious belief. (See 3 & 4 Will. 4, c. 69; 1 & 2 Vict. c. 77; 51 & 52 Vict. c. 46, s. 2.)

(a) "I, -, do solemnly, sincerely, and truly declare and affirm that the evidence I shall give to the Court and jury, between our Sovereign Lord the King and the prisoner at the bar" (in misdemeanour, "the defendant "), "touching the matters in question, shall be the truth, the whole truth, and nothing but the truth."

(b) "I, do solemnly, sincerely, and truly declare and affirm that I will well and truly try the issue joined between our Sovereign Lord the King" (in information, by "the AttorneyGeneral," "His Majesty's Attorney-General") "and the prisoner at the bar" (in misdemeanour, "the defendant "), "and a true verdict give according to the evidence."

These forms may be, mutatis mutandis, applied to all the oaths given supra.

It has been held that it is the duty of a judge before allowing a witness to affirm under sect. 1 of the Oaths Act, 1888, to

enquire into his ground of objection to being sworn, and to ascertain whether he objects because he has no religious belief, or because the taking of an oath is contrary to his religious belief, and that on a criminal trial, an objection to the admissibility of the evidence of a witness permitted to affirm without having been so questioned is not taken too late though after verdict. (R. v. Moore, 61 L. J. M. C. 80; 66 L. T. 125; 40 W. R. 304; 17 Cox, 458; 56 J. P. 345.)

INDEX.

ABATEMENT,
demurrer in, 23.
plea in, 100, 101.

effect of plea in, 112.

ABETTOR (Aider and),

in treason, 14, 19.

how indicted, 14, 19.

in felony is either-

(1) principal in second degree, 15.
or (2) accessory before the fact, 16.
how indicted, 17.

punishment of, 175.

form of indictment of accessory before the fact, 18.
venue in indictment of accessory before the fact, 26.
in misdemeanour-

of one accused on joint indictment, 153.

on indictment charging different offences, 154.

on specific charge, and conviction for offence not charged, 154.
discharge of accused on, 152, 153.

plea of, 101, 111.

See AUTREFOIS ACQUIT.

ADDITION of defendant, 73.

ADDITIONAL EVIDENCE, 131.

calling (1) by party, 131.
(2) by judge, 132.

(3) by prosecution to rebut evidence for defence, 143.

ADJOINING COUNTY, 22. See VENUE.

ADJOURNMENT, 117.

of trial, 144.

of trial into the King's Bench Division, 27.
See TRIAL.

ADMIRAL (Court of the Lord High), 20, 21.
jurisdiction of, 2, 3.

how exercisable, 20, 21.

ADMISSION by accused, 116, 129.

ADVERSE WITNESS, 130, 131.

AFFIDAVIT,

on application for writ of certiorari, 28, 30.

nolle prosequi, 51.

particulars, 56.

information, 236.

new trial, 227.

in mitigation of punishment, 164.

on motion for judgment in King's Bench Division, 237.

on motion in arrest of judgment in King's Bench Division, 159.
on application for a reward for apprehension, 208.

AFFIRMATION,

generally, 390.

form of (1) of witness, 395.

(2) of juror, 395.

AGE, statement of, when essential, 61.

ALIENS,

when amenable to law of England, 5, 11-13.

on ships in British waters, 5.

foreign ambassadors, 5.

prisoners of war, 5.

ALLEGATIONS IN INDICTMENT,

when material, 57, 62.

place, 58.

time, 58.

value, 58.

criminal intent, 60.

age, 61.

AMBASSADOR, 5.

APPREHENSION, rewards and compensation for, 206, 208.

APPROVER, definition, 4.

ARRAIGNMENT,

definition, 70.

rights of accused on, 70.

of two or more jointly indicted, 70.

of one charged on indictment or inquisition, 71.
on a previous conviction, 71, 72.

when complete, 73.

of mute, 90-92.

of insane person, 97.

ARREST OF ACCUSED,
justice's warrant for, 68.
bench warrant for, 68.

judge's warrant for, 68.

ARREST OF CONTUMACIOUS WITNESS, 129.

motion for, 129.

ARREST OF JUDGMENT,

motion in, 158, 159.

grounds for motion in, 159-161.

when motion will avail, 161–163.

Court may order, 163.

consequences of order of, 163.

ASSIGNMENT OF ERRORS, 214.

writ of error may be granted before, 215.

ASSIZE COURT,

establishment of, 2.

committal to adjoining county's, 22.

certiorari by judge of, 29.

order to change venue by judge of, 31.

removal of indictment from, by order of the King's Bench

Division, 27, 29.