Commissioners for Affidavits Act of 1874 No 5a (NSW)

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No. X.

An Act to m a k e bet ter provision for the t ak ing of Affidavits to be used in the Supreme Court. [11th March, 1874.]

Affidavits and for the confirmation of Commissions already issued WH E R E A S it is expedient to m a k e provision as hereinafter ment ioned for the appoin tment of Commissioners for t ak ing

Be i t therefore enacted by the Queen 's most Excel len t Majesty by and wi th t he advice and consent of the Legislative Council and Legislat ive Assembly of N e w South Wales in Par l i ament assembled and by the au thor i ty of the same as follows :—

1. All Just ices of t he Peace for t he Terri tory shall have power to t ake and receive Affidavits in all ma t te r s pending in t he Supreme Court or in any Court or Courts and the Chief Jus t i ce of t he Supreme Cour t for t he t ime being shall have power by one or more Commission or Commissions under t he seal of t h e said Cour t to author ize as m a n y persons as he may th ink necessary to t ake and receive affidavits concerning any m a t t e r wi th in the jurisdict ion of a n y Cour t or Cour ts A n d every person wilfully swearing or affirming falsely in any affidavit to be made before any person who shall be so author ized to t ake affidavits shall be deemed gui l ty of perjury and shall incur and be

liable

l iable to t h e same pains and penal t ies as if such person had wilfully sworn or affirmed falsely in open Cour t in any judicia l proceeding in t h e Supreme Cour t Provided t h a t no th ing herein shall be held to inval idate or r equ i re t h e renewal of any Commission already issued by any Chief Jus t i ce for t ak ing affidavits b u t t he same are hereby confirmed and declared to be and to have been valid.

2. Eve ry person now authorized or who may hereafter be
author ized to act unde r any such Commission shall receive for his own

use such fees as are now or shall from t ime to t ime be fixed by P u l e

of t h e Sup reme Court .

3. This Act m a y be cited as the " Commissioners for Affidavits

A c t of 1874 . "
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