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Affirmation instead of Oath in certain Cases.
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XXIII. If any Person called as a Witness, or required or desiring to make an Affidavit or Deposition, shall refuse or be unwilling from alleged conscientious Motives to be sworn, it shall be lawful for the Court or Judge or other presiding Officer, or Person qualified to take Affidavits or Depositions, upon being satisfied of the Sincerity of such Objection, to permit such Person, instead of being sworn, to make his or her solemn Affirmation or Declaration in the Words following; videlicet,
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‘I A.B. do solemnly, sincerely, and truly affirm and declare, That the taking of any Oath is, according to my Religious Belief, unlawful; and I do also solemnly, sincerely, and truly affirm and declare, &c.’ Which solemn Affirmation and Declaration shall be of the same Force and Effect as if such Person had taken an Oath in the usual Form.
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