d that the Scotch form constitutes an oath, and is not an
affirmation. The judge has no right to ask if you object on religious
grounds, or to put any question. He is bound by the provisions of the
Act, and the enactment applies not only to all forms of the witness
oath, whether in civil or criminal courts, or before coroners, but to
every oath which may be lawfully administered either in Great Britain or
Ireland.

A witness engaged to give expert evidence should demand his fee before
going into court, or, at all events, before being sworn.

With regard to notes, these should be made at the time, on the spot, and
may be used by the witness in court as a refresher to the memory, though
not altogether to supply its place. All evidence is made up of
testimony, but all testimony is not evidence. The witness must not
introduce hearsay testimony. In one case only is hearsay evidence
admissible, and that is in the case of a _dying declaration_. This is a
statement made by a dying person as to how his injuries were inflicted.
These declarations are accepted because the law presumes that a dying
man is anxious to speak the truth. But the person must believe that he
is _actually_ on the point of death, with _absolutely_ no hope of
recovery. A statement was rejected because the dying person, in using
the expression 'I have no hope of recovery,' requested that the words
'at present' should be added. If after making the statement the patient
were to say, 'I hope now I shall get better,' it would invalidate the
declaration. To make the declaration admissible as evidence, death must
ensue. If possible, a magistrate should take the dying declaration; but
if he is not available, the medical man, without any suggestions or
comments of his own, should write down the statements made by the dying
person, and see them signed and witnessed. It must be made clear to the
court that at the time of making his statement the witness was under the
full conviction of approaching or impending death.

III.--PERSONAL IDENTITY

It is but seldom that medical evidence is required with regard to the
identification of the living, though it may sometimes be so, as in the
celebrated Tichborne case. The medical man may in such cases be
consulted as to family resemblance, marks on the body, naevi materni,
scars and tattoo marks, or with regard to the organs of generation in
cases of doubtful sex. Tattoo marks may disappear during life; the
brighter c