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37
contradistinguished from belief corresponding to probability, is a state of mind
incompatible with the fallibility and frailty of human nature And Whereas the expression
of any inferior degree of belief is as susceptible of being false and perjurious as
the expression of any higher one And Whereas the truth or falshood of a declaration
expressive of such inferior degree of belief is in many cases as easy to be judged
of by Jurymen and others as that of a declaration expressive of any superior one
And Whereas there are manyfold cases in which although testimony be therein
as necessary as in any other, yet a man who preserves a just regard to truth can not
express any such degree of belief as is usually understood to be expressed by the
word knowledge, And Whereas if in such cases no expression of belief of less
force than is understood by the word knowledge were to be received in evidence no
such testimony could therein be received at all And Whereas if the expression
of any such inferior degree of belief were so to be received, at the same time
that in the case of a false expression thereof it were known that no conviction of
Perjury could take place, the administering of an Oath in such case would, in so far
as the penal sanction thereof is concerned, be of no effect, and the proceedings thereon grounded
would in so far be grounded on a bare assertion without oath, and the admission of
such testimony would be an encouragement to falshood and afford a sure and secure means
of perpetrating injustice Be it enacted that in every proceeding under this Act any
such declaration of belief or ignorance or inability to recollect as any person either in the
way of affidavit or on examination vivâ voce shall have exhibited shall be received in evidence,
and such person may in like manner as if in case of a false declaration of certain
knowledge or remembrance be convicted of perjury in respect of the same.
Identifier: | JB/119/297/001 "JB/" can not be assigned to a declared number type with value 119.
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119 |
panopticon |
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297 |
panopticon bill |
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001 |
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copy/fair copy sheet |
2 |
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recto |
d37 / d38 |
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39808 |
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