Swear

1.

To take an oath before an ofl Scer employed to administer oaths. Compare JURARE. See Oath; Affidavit. The certiflcate of a magistrate that a complaint was "taken and sworn" before hina is sufficient in form; so are the words " sworn before me." * Ac allegation that the defendant did " depose and swear " to the truth of an answer, does not show that he was " swoi-n " to the truth. One may " swear " who is not " sworn; " and in that case the oath is selfimposed.* False swearing. Swearing to a statement with knowledge of its falsity, as, by an assured. 6 A verified false assertion which deceives, or is fitted and likely to deceive, the one to whom it is made.' The words " she has sworn falsely " do not of themselves import perjury. To render them actionable it must be averred that they were spoken with reference to a judicial oath, and were meant to charge perjury.^ It is sufficient to charge that the accused willfully and knowingly swore, deposed, or gave in evidence that which was false, in a matter judicially pending, or on a subject in which he could be legally sworn, or the railroad riots there July 21-22, 1877, caused De- Armit's arrest, without a warrant, on suspicion that he was the person who had "avenged" the death of a brother by shooting two militiamen. 'Keep V. Griggs, 12 Bradw. 516-17 (1882); Harpham V. Whitney, 77 HI.

38 (1875). 2 Mc Calla v. State, 66 Ga. 346 0881). 3 Thompson v. Thornton, 60 Cal. 144 (1876).

See the decisions under the act of 1850 reviewed and explained at length. United States v. Louisiana, 127 U. S. 182-91 (1888); Merrill v. Tobin, 30 F, E. 738 (1887). < Commonwealth v. Bennett, 7 Allen, 633 (1863). i United States v. Mc Conaughy, 33 F. R. 1C8 (1887), Deady, J. • Franklin Ins. Co. v. Culver, 6 Ind. 139 (1865). 'Maher v. Hibernian Ins. Co., 67 N. Y. 292 (1876), in which he was required to be sworn. Propel* allegations of the falsity of the matter are as necessary as in an indictment for perjury. The indictment should be direct and certain as to the falsity of the oath, which, in both cases, must be knowingly and willfully made.'

See Forswear; Perjdry; True. 2.

To use such profane language as the law forbids. Profane swearing is generally punished by statutes. See Blasphemy; Profanity.