Customs’ Oaths Abolition Act 1832 No 12a (NSW)

No. XIV

An Act to abolish certain Oaths and Affirmations

taken and made in the Customs Department

taken and made by traders and other persons and from the frequent	WHEREAS numerous Oaths and solemn Affirmations are required to be
occasions on which such Oaths and Affirmations are required and the consequent number thereof administered the reverence and respect which should attach to such solemn obligations have been weakened and their binding force not duly regarded and whereas it is expedient to assimilate the laws of New South Wales to the laws lately passed in England in that respect by diminishing the number of such Oaths and substituting other regulations in lieu thereof Be it there­ fore enacted by His Excellency the Governor of New South Wales with the advice of the Legislative Council of the same That in all cases where by any law relating to the Revenues of the Customs now in
force in this Colony any Oath solemn Affirmation or Affidavit shall be required

of His Majesty's Revenue of New South

Wales and to substitute Declarations in lieu thereof. [15th March, 1882.]

by the laws relating to the Revenues of Customs

required to be taken or made by any person on the doing of any act matter or thing or for verifying any book account entry or return or

for any purpose whatsoever such Oath solemn Affirmation or Affidavit

shall no longer except in the cases hereinafter specially provided for

be taken made or required but in lieu thereof the person who would

under any law imposing the same have been required to take or make

such Oath solemn Affirmation or Affidavit shall in the presence of the
Collector Controller or other person empowered by such law to admi­

nister such Oath solemn Affirmation or Affidavit make and subscribe
a Declaration setting forth the matters contained in and to the same

effect as the Oath solemn Affirmation or Affidavit which would have
been required if this Act had not been passed and declaring to the

truth thereof and if any such Declaration shall be untrue in any par­
ticular the person making the same shall over and above every other penalty to which such person may become subject forfeit one hundred pounds.
2. Provided always and be it further enacted That nothing herein contained shall extend to any Oath required to be taken on account of any office relating to the Revenue of Customs or for the discharge thereof nor to any Oath administered upon any examination

or enquiry made by order of the Governor for the time-being or by

any Collector or Controller of the Customs for ascertaining the truth of facts relative to the Customs or the conduct of persons or officers employed therein or by any person or persons appointed by the Com­ missioners of His Majesty's Customs to make such examination or enquiry or to any Oath administered to any person in any judicial proceeding in any Court of Justice or before any Justice of the Peace
for recovery of any penalty or forfeiture or before the Collector or

Controller or other person duly authorized in that behalf for obtaining any abatement return or allowance of duties or as to the registry of any ship or vessel but all such Oaths shall continue to be required and to be made taken and administered as if this Act had not been passed.

3. And whereas it is expedient that in all cases where the Com­ missioners Collector or Controller of the Customs may deem it requisite to require confirmation of any written statement or allegation relative; to the seizure of goods or of any other matter relating to their depart­ ment such confirmation should instead of being required to be made on Oath be made by a Declaration of the parties in writing Be it there­

fore enacted That in such cases no Affidavit or Oath be required bu t
that in lieu thereof the party shall make and subscribe a written
Declaration to the truth of the statement or allegation and if any such

Declaration made by any such person shall be false and untrue in any particular the person making such false Declaration shall forfeit

one hundred pounds.

4. And be it further enacted That the penalties by this Ordi­ nance imposed shall be sued for and recovered in the same manner and under the same provisions as any penalty imposed by any law relating to the Revenues of Customs in force within the said Colony

may be sued for and recovered.

5. And be it further enacted That this Law or Ordinance shall commence and take effect from and after the first day of May next after the passing thereof.

No. X V .