Evidence Act Amendment Act 1930 (WA)

1930.] Evidence. [No. 34.

EVIDENCE.

21° GEO. V., No. XXXIV.

No. 34 of 1930.

AN ACT to amend the Evidence Act, 1906.

[Assented to 22nd December, 1930.]

B E it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Aust.). alia, in

n and with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows :-

1. This Act may be cited as the Evidence Act Amendment Short title.

St, 1930, and shall be read as one with the Evidence Act,

1906, hereinafter called the principal Act.

2.    The principal Act is hereby amended by the insertion

of the following sections, that is to say:

Between sections ninety-eight and ninety-nine is inserted

a new section, to read as follows :-

98A. Any person making an affidavit shall be entitled, gretli nroghatrathis-

if he so wishes, instead of having administered to him Prd

a Mrkthg"

the oath usually administered, to have an oath adminis- tered to him in the form following, that is to say:—The person tendering the oath shall hold up his hand and say to the deponent "Hold up your hand and repeat after me :—`I swear that this (pointing or referring to the signa- ture of deponent, on the affidavit) is my name and hand- writing (and in the ease of exhibits or productions, add :- `and that these are the exhibits or productions referred to in my affidavit'), and the contents of this my affidavit are true, So help me God.' "

No. 34.] Evidence. [1930.

Between sections one hundred and six and one hundred and seven is inserted a new section, to read as follows:—

Swearing of

affidavit before a	106A. Any affidavit required for use in any action, pending in or before the Supreme Court of Western Aus- tralia, or before any judge or officer of that court, and any bond or recognisance required to be filed in the said court, may respectively be sworn or executed before a justice of the peace for Western Australia, or for any part or district of Western Australia, in every instance where at the time of swearing such affidavit or executing such bond or recognisance there is not a commissioner for taking affidavits for use in the Supreme Court of Western Australia resident and present within a dis- tance of three miles from the place where such affidavit, bond, or recognisance is sworn or ,executed, and a certifi- cate signed by the said justice at the foot of or endorsed on any such affidavit, bond or recognisance that no such commissioner is resident and present within the distance aforesaid shall be conclusive evidence of that fact, and every such affidavit, bond or recognisance shall be admis- sible in evidence in any action, suit, proceeding, cause, or matter as aforesaid, and may be read and made use of to all intents and purposes as any affidavit, bond, or recognisance sworn or executed before any other person or authority.
justice of the peace
in absence of	suit, proceeding, cause or matter now or hereafter de-
commissioner.
Amendment of

a. 105. 3. Section one hundred and five of the principal Act is

amended by inserting at the commencement thereof the follow- ing words :—" subject to the provisions of section one hundred and six A."