 ... 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 81908Full view - About this book
 | Law - 1890 - 692 pages
...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... | |
 | Frederick Pollock - Law - 1890 - 498 pages
...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... | |
 | Canada - Criminal law - 1891 - 582 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... | |
 | Western Australia - Law - 1902 - 726 pages
...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,... | |
 | Thomas Brett - English law - 1891 - 822 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... | |
 | Canada - Criminal law - 1892 - 418 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... | |
 | Barbados - Session laws - 1892 - 962 pages
...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... | |
 | New York (State) - Criminal procedure - 1892 - 974 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... | |
 | Sidney Lovell Phipson - Evidence (Law) - 1892 - 530 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... | |
 | William Fuller Alves Boys - Coroners - 1893 - 484 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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