英文法律词典 A-73

AFFIRMANCE-DAY, GENERAL. In the English Court of Exchequer¹, is a day appointed by the judges of the common pleas, and barons² of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judgments³. 2 Tidd. 1091.

AFFIRMANT, practice. One who makes affirmation instead of making oath that the evidence which he is about to give shall be the truth, as if he had been sworn. He is liable to all the pains and penalty of perjury⁴, if he shall be guilty of wilfully⁵ and maliciously⁶ violating his affirmation.

AFFIRMATION, practice. A solemn declaration and asseveration, which a witness makes before an officer, competent to administer an oath in a like case, to tell the truth, as if be had been sworn.

2. In the United States, generally, all witnesses who declare themselves conscientiously⁸ scrupulous⁹ against taking a corporal oath, are permitted to make a solemn affirmation, and this in all cases, as well criminal as civil.

3. In England, laws have been enacted¹⁰ which partially¹¹ relieve persons who, have conscientious⁷ scruples¹² against taking an oath, and authorize¹³ them to make affirmation. In France, the laws which allow freedom of religious opinion, have received the liberal construction that all persons are to be sworn or affirmed according to the dictates¹⁴ of their consciences; and a quaker's affirmation has been received and held of the same effect as an oath. Merl. Quest. de Droit, mot Serment, 1.

4. The form is to this effect: "You, A B, do solemnly, sincerely, and truly declare and affirm," &c. For the violation¹⁵ of the truth in such case, the witness is subject to the punishment of perjury " as if he had been sworn.

5. Affirmation also means confirming; as, an affirmative statute¹⁶.

AFFIRMATiVE. Averring¹⁷ a fact to be true; that which is opposed to negative. (q. v.)

2. It is a general rule of evidence that the affirmative of the issue must be proved. Bull. N. P. 298 ; Peake, Ev. 2.

3. But when the law requires a person to do an act, and the neglect of it, will render him guilty and punishable, the negative must be proved, because every man is presumed to do his duty and in that case they who affirm he did not, must prove it. B. N. P. 298; 1 Roll. R. 83; Comb. 57; 3 B.& P. 307; 1 Mass. R. 56.