MR. EVANS WILLIAMSasked Mr. Attorney General, Whether, in view of "The Common Law Procedure Act, 1854,"s. 20, and the 24 and 25 Vic. c. 66, it is not the duty of justices in Quarter or Petty Sessions to allow any person tendered as a witness in criminal or civil procedure, who shall be unwilling to take an oath and allege a conscientious objection, to give evidence on making the solemn affirmation or declaration provided by those statutes?
§ THE ATTORNEY GENERAL (Sir HENRY JAMES),in reply, said, he thought he had answered the Question more than once. By the Acts mentioned in the Question, and by other statutes, if any person had a conscientious objection to take an oath, he was entitled to make an affirmation in the circumstances referred to, and the magistrates ought to allow him to make such affirmation.