GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 756

HOUSE BILL 900

 

AN ACT TO REVISE THE PROVISIONS OF CHAPTER 11 OF THE GENERAL STATUTES RELATING TO OATHS AND AFFIRMATIONS IN ORDER TO CONFORM TO CONSTITUTIONAL REQUIREMENTS AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 11-1 is rewritten to read as follows:

"§ 11-1. Oaths and affirmations to be administered with solemnity.-Whereas, lawful oaths for discovery of truth and establishing right are necessary and highly conducive to the important end of good government; and being most solemn appeals to Almighty God, as the omniscient witness of truth and the just and omnipotent avenger of falsehood, and whereas, lawful affirmations for the discovery of truth and establishing right are necessary and highly conducive to the important end of good government, therefore, such oaths and affirmations ought to be taken and administered with the utmost solemnity."

Sec. 2.  G.S. 11-2 is rewritten to read as follows:

"§ 11-2. Administration of oaths.-Judges and other persons who may be empowered to administer oaths, shall (except in the cases in this Chapter excepted) require the party to be sworn to lay his hand upon the Holy Scriptures, in token of his engagement to speak the truth and in further token that, if he should swerve from the truth, he may be justly deprived of all the blessings of that holy book and made liable to that vengeance which he has imprecated on his own head."

Sec. 3.  G.S. 11-4 is rewritten to read as follows:

"§ 11-4. Affirmation in lieu of oath.-When a person to be sworn shall have conscientious scruples against taking an oath in the manner prescribed by G.S. 11-2, 11-3, or 11-7, he shall be permitted to be affirmed. In all cases the words of the affirmation shall be the same as the words of the prescribed oath, except that the word 'affirm' shall be substituted for the word 'swear' and the words 'so help me God' shall be deleted."

Sec. 4.  G.S. 11-6 is repealed.

Sec. 5.  G.S. 11-7 is rewritten to read as follows:

"§ 11-7. Oath or affirmation to support Constitutions; all officers to take.-Every member of the General Assembly and every person elected or appointed to hold any office of trust or profit in the State shall, before taking office or entering upon the execution of the office, take and subscribe to the following oath:

'I, ____________, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God.'"

Sec. 6.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 15th day of July, 1985.