Evidence on Commission Act 1873 (SA)

ANNO TRICESIMO SEPTIMO

A.D. 1873.

No. 20.

An Act to provide $or the Exuminatio~~ o j ' Witnesses upon Oath,

bejbre Commissions appoir, ted by the Governor.

[Assented to, 18th December, 1873.1

HEREAS it is expedient that Conmissioners appoilited by Preamble.

W the Governor of the Province of South Australia should .	have the power in certain cases of admiuistering Oaths to Witnesses
examined upon any Commission-Be it therefbre Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

l. The Governor in Council, whenever he shall issue a commission Governor may direct

under his hand and the public seal of the said Province, may direct

that the witnesses to be examined before the Commissioners undercommission.

appointed by such commission shall be examined upon oath; and

such witnesses when examined on oath shall be examined in public,

as in open Court,

2. If any person appearing as a witness before any Commission Penalty for refusing

shall, when thereunto required, refuse to be sworn or make the to be

afmnation by this Act authorized, he shall be liable to a penalty of

Ten Pounds.

3. Any person examined as a witneis before such Commissioners Perg0.s giving 1.1..

as aforesaid, who wilfully gives false evidence, shall be liable to the	guilty of
penalties of perjury.

uu 4.. Where

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The Witnesses on Commissio?zs Oaths Ac t. 187 3.

mrmat ionma~ be 4, Where any witness to be examined pursuant to this Act,

made in lieu ef oath.	conscientiously obiects to take an oath, he may make his solemn
declaration a d affirmation, in the following woids :-

" I, A. B., do solemnly, sincerely, and truly declare and affirm that the taking of any oath is according to my religious belief unlawful, and I do also solemnly, sincerely, and truly declare and &rm that I will state the truth, the whole truth, and nothing but the truth, to all questions that may be asked me."

And any solemn declaration and affirmation so made shall be of

the same force and effect, and shall entail the same liabilities as an

oath taken in the usual form.

B whom oath or

drmation t6 be	5. Any oath or affirmation pursuant to this Act may be ad- ministered by any one of the said Commissioners, and the evidence given by the person making the oath or affirmsltion shall be taken
adminietered.
Witness and Com-
missioner to sign	down in writing, and signed by such person, and countersigned by
same.	the Commissioner who administered such oath or affirmation.

Witnesses may be 6. It shall be lawful for any such Commissioners, by summons

summoned.	under the hand of the Chairman thereof, to require all such persons
as the Commissioners may think fit to appear personally before such
Commission at a time and place to be named in such summons, and then and there to produce all such books, documents, and papers as may be necessary; and any person being personally served with a copy of such summons and disobeying the same after payment or tender of his reasonable expenses, shall forfeit and pay such fine, not exceeding Ten Pounds, as the Commissioners shall impose.

Penalty may be re- 7, Proceedings for the breach of any of thc provisions of this

covered.	Act to which a penalty is attached shall be heard and determined
in a summary way by and before any Special Magistrate or two
Justices of the Peace for the said Province, under the provisions of
the Ordinance No. 6 of 1850.
8hoft Title.	8. This Act shall be called a The Witnesses on Commissions Oaths Act."

In the name and on behalf of Her Majesty I hereby assent to

this Act.

A. MUSGRAVE, Governor.

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Adelaide : By authoritp, W. C, Cox, Government Printer, North-terraoe.