Oaths and affidavits (1855) (WA)

WESTERiN AUSTRALIA

ANNO OCTAVO DECIMO

VICTORLE REGINA;

No. 12

An Ordinance for the Abolition of unnecessary Oaths,

and to substitute Declarations in lieu thereof.

[Assented to 18th, April, 1855.

HEREAS a practice has prevailed of administering and receiv- Preamble

W ing oaths and affidavits voluntarily taken and made in

matters not the subject of any judicial inquiry, nor in anywise pending s 6; 6 wil IV,	or at issue before the Justice of the Peace or other person by whom cap, 62
such oaths or affidavits have been administered or received ; and whereas doubts have arisen whether or not such proceeding is illegal for the more effectual abolition of such practice and removing such doubts : Be it enacted by the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof :-

Q22

18 VICTORLE. No. 12

Evidence

Voluntary	1. That from and after the commencement of this Ordinance it administer, or cause to be administered, or to receive or cause or allow to be received, any oath or affidavit touching any matter or thing whereof such Justice or other person bath not jurisdiction or cogni- zance by some Statute, Ordinance or law in force at the time being : Provided always that nothing herein contained shall be construed to extend to any oath or affidavit before any Justice or other person, touching any proceedings before the Civil Court, or to any oath or affidavit authorised or required by any Ordinance, nor to any oath or affidavit required by the laws of any British possession or foreign country, to give validity to instruments, in writing, designed to be used in British possessions or foreign countries respectively.
affidavits pro-	shall not be lawful for any Justice of the Peace or other person to
hibited

Declaration be- 2. That it shall and may be lawful for any Justice of the Peace, fore Notaries and Notary Public, or other officer now by law authorised to administer an

Justices substi- tuted oath, to take and receive the declaration of any person voluntarily

making the same before him in the form in the Schedule to this Ordi-

Misdemeanour nance annexed ; and if any declaration so made shall be false and if untrue untrue in any material particular, the person wilfully making such

false or untrue declaration shall be deemed guilty of a misdemeanour.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

SCHEDULE

I, A.B., do solemnly and sincerely declare, that [here state the facts] and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Ordinance made and passed in the eighteenth year of the reign of Her present Majesty, No. 12, intitulal 'An Ordinance for the Abolition of unnecessary Oaths, and to substitute Declarations in lieu thereof.'