Section 10

If any party to or witness in any judicial proceeding offers, or, upon challenge, consents to give evidence on oath or affirmation in any form common amongst or held binding by persons of the race or persuasion to which he belongs, and not repugnant to justice or decency, and not purporting to affect any third person, the court may, if it thinks fit, notwithstanding anything herein before contained, cause such oath or affirmation to be tendered to him.