Page:United States Statutes at Large Volume 47 Part 1.djvu/1147

 72d CONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . the relevancy of any question put to him, or of any answer given by him, may be made in the same manner as if he were examined orally at the trial. ADMINISTRATION OF OATHS AND AFFIRMATIONS Administration of oaths, etc. SEC. 1232. JUDICIAL AND CERTAIN OFFICERS AUTHORIZED TO ADMIN- Off ici als au tho riz ed ISTER OATHS .-Every court, every judge, or clerk of any court, every to administer . magistrate, and every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has power to administer oaths or affirmations. SEC. 1233. FORM OF ORDINARY OATH TO A WITNESS .-An oath, or Form of. affirmation, in an action or proceeding, may be administered as follows, the person who swears, or affirms, expressing his assent when addressed in the following form : " You do solemnly-swear (or af firm, as the case may be), that the evidence you shall give in this issue (or matter), pending between 	and, shall be the truth, the whole truth, and nothing but the truth, so help you God ." SEC. 1234. FORM MAY BE VARIED TO SUIT WITNESS' BELIEF .-When- For m maybe varied. ever the c ourt befor e which a person is offered as a witness is satisf ied that he has a peculiar mode of swearing, connected with or in addi- tion to the usual form of administration, which, in his opinion, is more solemn or obligatory, the court mav, in its discretion, adopt that mode. SEC. 1235. SAME .-When a person is sworn who believes in any Form, non-Chris- other than the Christ ian religion, he may be sworn according to the Liars . peculiar ceremonies of his religion, if there be any such. SEC. 1236 . ANY PE RS ON WHO PREFERS IT MAY D ECLAR E OR A FFIRM .- A ffumati on,etc. Any person who desires it may, at his option, instead of taking an oath make his solemn affirmation or declaration, by assenting, when addressed, in the following form:"You do solemnly affirm (or declare) that" and so forth, as in section 1233. GENE RAL PROV ISION S General p rovisions. S EC. 1237. QUESTIONS OF FACT, H OW TRIED .- All questions of fact, where the trial is by jury, other than those mentioned in the next section, are to be decided by the jury, and all evidence thereon is to be addressed to them, except when otherwise provided by this code. SEC. 1238. QUESTIONS OF LAW ADDRESSED TO THE COURT.-All ques- tions of law, including the admissibility of testimony, the facts pre- liminary to such admissions, and the construction of statutes and other writings, and other rules of evidence, are to be decided by the court, and all discussions of law addressed to it. Whenever the knowledge of the court is, by this code, made evidence of a fact, the court is to declare such knowledge to the jury, who are bound to accept it. SEC. 1239. QUESTIONS OF FACT BY COURT OR REFEREE .-The provi- sions contained in this chapter respecting the evidence on a trial before a jury, are equally applicable on the trial of a question of fact before a court, referee, or other officer. CHA PTE R 39 .-REPEALS REPEALS. SEC. 1240. REPEAL OF EXISTING LAws .-The Code of Civil Pro- Executive Order No. b97 yi, as amended. cedure of the Canal Zone promulgated by the Executive Order of All acts, ordinances, March 22, 1907, and all amendments thereto, and all other acts, ' w'it 'h, ordinances, orders, and parts thereof in conflict herewith, are hereby repealed. Approved, February 27, 1933. Trial of questions of tact, by jury. Questions of law, by court. 1123 Of fact, by judge, referee, etc.