¶1contra. The paper is not in itself evidence that the oath, as prescribed, was taken. For when a magistrate undertakes to certify how he has administered an oath, the jury cannot, without proof, presume any thing not certified. They cannot say that he administered the oath in any other form than he has certified.
20 F. Cas. 1188
Rose v. Kennedy
U.S. District Court
Decided July 15, 1801
U.S. District Court · decided 1801-07-15
Action of assault and battery to try the plaintiff’s right to freedom. She was brought into Virginia in the year 1792, and she claimed to be free because her owner had not taken the oath prescribed by the act of’ Virginia of December 17, 1792, § 4 (Rev. Code, p. 196; Ed. 1803, p. 187).
Decided 1801-07-15