Evidence amendment (1875) (WA)

39 VICTORI/E. No. 2

Aborigines

WESTERN AUSTRALIA

ANNO TRIGESIMO NONO

VICTORIA REGINIE

No. 2

An Act to further amend the Law of Evidence.

[Assented to 21st December, 1875.

Preamble

HEREAS it is expedient further to amend the law of

Evidence, by enabling certain persons to be admitted under

certain circumstances to act as interpreters without taking the usual

oath : Be it therefore enacted by his Excellency the Governor of

Western Australia and its Dependencies, by and with the advice and

consent of the Legislative Council thereof, as follows :—

Interpretation 1. The word r Court ' shall include any person or persons having

clause	by law authority to administer an oath.
Aboriginal	2. If any aboriginal native of this Colony shall be called to act as having by law authority to administer an oath, he shall be admitted to act as such interpreter in the same way as if he had taken the usual oath required of a person so called, on his making the following affirmation, that is to say
natives to be
admitted as	interpreter in any Court of Justice, or before any person or persons
interpreters on
affirmation

I affirm that I will well and truly interpret the evidence given to

the Court.'

Provision as to

3. If any person, not being an aboriginal native as aforesaid, shall be called to act as interpreter as aforesaid, and shall object to take an oath or shall be objected to as incompetent to take an oath, such person shall, if the presiding Judge or other person or persons having by law authority as aforesaid is or are satisfied that the taking of an oath would have no binding effect on his conscience, be admitted to act as interpreter in the same way as if he had taken the usual oath required of a person so called, on his making the following promise or decla- ration

other persons

I solemnly promise and declare that I will well and truly interpret

the evidence given to the Court.'

Snell persons

guilty of perjur. 4. Any person who, having made such affirmation, promise, or

if they falsely	declaration, shall wilfully and corruptly falsely interpret, shall be liable
interpret	to be indicted, tried and convicted for perjury as if he had taken anoath.

WILLIAM C. F. ROBINSON,

GOVERNOR.