No. XVI.
An Act to allow the Aboriginal Natives of New South Wales to be received as competent Witnesses in Criminal Cases. [8th October, 1839.]
| WHEREAS it is found expedient and necessary for t h e purposes | of J u s t i c e and t h e more effectual | prosecut ion | of crimes | a n d |
misdemeanors t h a t t he evidence of t he Abor ig ina l Na t ives of t h e Colony of New South W a l e s should be receivable in all Cour ts of Cr imina l Jur i sd ic t ion A n d whereas t h e y have no t a t present any dist inct idea of rel igion or fixed belief in a fu ture s ta te of rewards a n d p u n i s h m e n t s and therefore cannot be admi t t ed as competent witnesses in any Cour t of L a w wi thou t t h e au tho r i t y of t h e Legis la ture of t h e said Colony Be i t enacted by t h e Governor of said Colony w i t h t h e advice of t h e Legis la t ive Council thereof T h a t every Abor ig ina l
| Na t i ve or any | Half-caste | Na t ive | b r o u g h t | u p a n d | abid ing | wi th | any |
| t r ibe of Abor ig ina l Na t ives of t he said Colony | shall be pe rmi t t ed | to |
| m a k e a n affirmation or declarat ion | to tel l | the | t r u t h | t he whole t r u t h |
| and no th ing b u t t h e t r u t h or in such | o ther | form | as m a y be approved |
| of by t h e Cour t ins tead of t a k i n g an oa th in any cr iminal | proceedings |
| t h a t shall be ins t i tu ted | in said Colony | and t h a t | t h e evidence so |
| given shall be of so m u c h weight only as cor robora t ing | c i rcumstances |
| m a y | ent i t le i t to and if | any | such Abor ig ina l Na t i ve | m a k i n g | such |
affirmation or declarat ion shall be lawfully convicted wilfully falsely and cor rupt ly to have affirmed or declared any m a t t e r or t h i n g which if t he same; h a d been on oa th in t h e usua l form would have a m o u n t e d to wilful and cor rup t perjury h e or she shall incur t he same penal t ies and forfeitures as by the laws and s ta tu tes of E n g l a n d
| are enac ted aga ins t | persons convicted of wilful a n d co r rup t | per jury |
| any law s t a tu te | or cus tom to t h e | cont ra ry | no twi ths tand ing . |
| 2. A n d be i t enacted T h a t th is A c t shal l no t commence | or |
t ake effect u n t i l t h e same shall have received t h e B o y a l approba t ion and t h e notification of such approba t ion shall have been m a d e b y H i s Excel lency t h e Governor for t h e t ime being in t he New South Wales