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" ... does not in the opinion of the Court, understand the nature of an oath, the evidence of such child may be received though not given upon oath, if, in the opinion of the court, such child is possessed of sufficient intelligence to justify the reception... "
The Juvenile Court Record - Page 8
1908
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The Journal of Jurisprudence and Scottish Law Magazine, Volume 34

Law - 1890
...he trusted, and therefore ought not to 1* received. He might adopt the view that where a child iq " of sufficient intelligence to justify the reception of the evidence and understands the speaking of truth," the child's evidence should be received and taken for what it is worth : this seems...
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The Law Quarterly Review, Volume 6

Frederick Pollock - Law - 1890
...be trusted, and therefore ought not to be received. He might adopt the view that where a child is ' of sufficient intelligence to justify the reception of the evidence and understands the speaking of truth,' the child's evidence should be received and taken for what it is worth ; this seems...
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Acts of the Parliament of the Dominion of Canada Relating to Criminal Law ...

Canada - Criminal law - 1891 - 516 pages
...the opinion of the court or justices, as the case may be, such girl or other child of tender years is possessed of sufficient intelligence to justify...and understands the duty of speaking the truth : 2. But no person shall be liable to be convicted of the offence, Must be corunless the testimony admitted...
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The Acts of the Parliament of Western Australia

Western Australia - Law - 1902
...given on oath, if, in the opinion of the Court or justices, such girl or other child of tender years is possessed of sufficient intelligence to justify...evidence, and understands the duty of speaking the truth : But no person may be convicted of the offence unless the testimony admitted by virtue of this section,...
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Commentaries on the Present Laws of England, Volume 2

Thomas Brett - English law - 1891 - 1294 pages
...though not given upon oath, if in the opinion of the Court or justices, as the case may be, the witness is possessed of sufficient intelligence to justify...evidence, and understands the duty of speaking the truth. The reception of the evidence so admitted is however hedged in by two safeguards : (I.) No person shall...
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The Criminal Code, 1892, 55-56 Victoria, Chap. 29, Together with An Act to ...

Canada - Criminal law - 1892 - 403 pages
...the opinion of the court or justices, as the case may be, such girl or other child of tender years is possessed of sufficient intelligence to justify...and understands the duty of speaking the truth. 2. But no person shall be liable to be convicted of the offence, unless the testimony admitted by virtue...
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Laws of Barbados, Part 2

Barbados - Session laws - 1892
...the opinion of the court or magistrate, as the CHSO may be, such girl or other child of tender years is possessed of sufficient intelligence to justify,...evidence, and understands the duty of speaking the truth ; provided that no person shall be liable to be convicted of the offence nnless the testimony admitted...
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The Code of Criminal Procedure of the State of New York as Amended ...

New York (State) - Criminal procedure - 1892 - 551 pages
...not in the opinion of the court or magistrate understand the nature of an oath, the evidence of such child may be received though not given under oath if, in the opinion of the court or magistrate such child is possessed of sufficient intelligence to justify the reception of...
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The Law of Evidence

Sidney Lovell Phipson - Evidence (Law) - 1892 - 448 pages
...when the Court is satisfied that such children " do not understand the nature of an oath," but are " possessed of sufficient intelligence to justify the reception of the evidence and to understand the duty of speaking the truth." Such testimony, however, must be corroborated, and is...
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A Practical Treatise on the Office and Duties of Coroners in Ontario, and ...

William Fuller Alves Boys - Forensic pathology - 1893 - 456 pages
...evidence of such child may still be received though not given upon oath if in the opinion of the coroner such child is possessed of sufficient intelligence...evidence and understands the duty of speaking the truth. But no case is to be decided upon such evidence alone, as it must be corroborated by some other material...
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