Promissory Oaths Act 1869 (SA)

VICTORIE R E G I N W P

An Act to amend the Law relating to ~rornissori Oatlis.

[Assented to, 9th February, 1870.1

HEREAS it is expedient to amend the law relating to Promis- Preamble.

W so, Oaths-Be it therefore Enac td by the tiovomor 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:

D-

1. This Act may be cited far all purposes as the "Promissory wo*titie. '

Oaths Act, 1869."

PART ~.-Oaths to be U

Judicial Oaths:

2. The oath in this Act referred to as the oath of allegiance,	giance.
Form of oath of allw

shall be in the form following, thgt i~	to say-
do swear that I will be faithful

md bear true allegiance to Her Majesty Queen Victoria, Her Heirs &

and Successors, according to law.-So HELP ME GOD ! ..

3. The oath in this Act referred to, as the official oath, shall be

in the form following, that is to say-

1% do swear that I. will well and

truly serve Her Majesty Qaeen Victoria in the office o f

So HELP ME GOD l

m

14 33@ VICTORIE, No. B.

g,

Promissory Oaths Act.-1869-70.

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PABT X. 4. The oath in this Act referred to as the judicial oath, shall be

For of judicial oath. in the form folloving, that is to say-

@% Ye&% +I, do wear that I will well and

S. 6% -	truly serve Our sovereign Lady Queen Victoria in the office of and I will do right to all manner of people after the laws and usages of this Province, without fear or
favor, affection, or illwill.-So HELP ME GOD !

Perm= to tdeths 5. The oath of allegiance and the official oath shall be tendered

* oath of allegiance

ofieia, Oatk. to and taken by each of the officers named in the first part of the

QM he2M7	Schedule annexed hereto as soon as may be after his acceptance of
office by the officer, and in the manner in that behalf mentioned in

&Lea- the said first part of the said Schedule.

Pemm to take the

oath of allegiance 6. The oath of allegiance and the judicial oath shall be taken

nod judicial ~ ~ t h. by each of the officers named in the second part of the said Schedule

hereto as soon as may be after his acceptance of office; and such

&	&
+
C **3&62paths shall be tendered and taken in manner in which the oaths required to be taken'by such officer previously to the passing of this
cc % Act on entering his office would have been tendereBand taken.

Members of Execu-

tive Council to take	7. The Members of Her Majesty's Executive Council in the said allegiance, and also an oath of fidelity, in discharge of their duties; and such oathe shall be tendered to and taken by each of them as soon as may be aftef his acceptance of office, and in the manner in which the oaths required to be taken by such Councillor previously
oathof allelenisnce	Province shall have tendered to them and shall take the oath of -
and also an <ath of
fidelity.
to the passing of this Act would have been tendered and taken.
Form of oath of

fidelity of Executiv a 8. The oath of fidelity to be tendered to and taken by each of the

Camillor.	Members of Her Majesty's Executive Cou~cil	in the said Province,
shall be in the form iollowing, that is to say-

* 1, being chosen and admitted of

Her Majesty's Executive Council in the Province of South Australia, do swear that I will, to the best of my judgment, at all times when thereto required, freely give my counsel and advice to the Governor, for the time being, for the good management of the public affairs of the said Province; that I wi l l not directly nor indirectly reveal such matters as shall be debated in Council, and committed to my secresy, but that I will in all things be a true and

faithful Councillor.-So	HELP ME GOD	!
-.

Pap?ltg not t a b r 9, If

any officer specified in the Schedule hereto, or any Member or neglects when any oath or affirmation required to be taken by him under this Act, is duly tendered, to take auch oath, or make such

reqaured oath. of Her Majesty's Executive Council, in the said Province, declines

un+ + X--- affirmation, he shall, if hk has already entered on his office, vacate

.,t-tS -,,L*	L	the same, and if he has not entered on the same, b& disqualified from
entering on the same, but no person shall be compelled in respect of

33"ICTORIB, No. 6. 16

P~omissory Oaths Act.-1869-70.

the game appointment to the same office, to take such oath, or make	PUT 1.
such affirmation more times than one.

10. No person shall be required or authorized to take the oath of Prohibition of 08th of

allegiance, or any oath substiiuted for such oath, or to make any accordance with this allegiance, except in

affirmation or declaration to the like effect of such oath, except the Act* -

persons requlred to take the oath of allegiance by this Act, or any H-

Act or Ordinance of the Legislature of this Province, specially re-

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quiring such oath to be taken, any Act, charter, or custom to the

contrary notwithstanding.

11. Where in any oath under this Act, the name of Her present The nnme of the

Majesty is expressed, the name of the Sovereign of the United

Kingdom of Great Britain and Ireland for the time being, shall be the oath.	-
sub2ituted from time to time;

12. When an oath is rgcpuired to-be taken * - - - - under this-&c_tJ every ~rovision favor of

person for the time bchg by law permitted to make a solemn persons permitted to

affirmation or declaration, instead of taking an oath, may, instead of -

taking such oath, make a solemn a ion in the form of the oath -----v-

nted, substituting the s solemnly, sincerely, and, and affirm," for the word "swear," and omitting the e y m e God."

P a a ~ 11.-Oaths to be abolished:

13. The following regulations shall be enacted with respect to Regulstiom to

the substitution of declarations for oaths, that is to say :- substitution of* dea elaratione for oath#,

I. Where, before the passing of this Act, an oath was required to be taken by any person on or as a condition of accepting any employment or ofice in or under a municipal corporation, or -F--

on or as a condition of admission to membership in or partin cipation in the privileges of any municipal corporatioa, there	shall be substituted for such oath, in the case of an office, - a
declaration that the declarant will faithfully perform the
d u z o f his office, and, in the case of admission to member-
ship or participation in the privileges of a municipal corpo- .

I

ration, a declaration I-_. I* that the declarant will faithfully demean himself as a member of, or a participator in the privileges

of such cornoration: I

XI. Where, before the passing of this Act, an oath was Y

C4W I

to be taken on or as a condition to admission to	'6	r
or fellowship or participation in the privileges of any body

4'

7

h	Q	or company, a declaration to the like effect
be substituted: ckLo i4 'h - c% /-S

xrr. Where, in any case noi otherwise provided for by this Act, or U

included within the saving clauses thereof, an oath ia required 4- &

to be taken by an person on or as a condition7 his accept

a-& -446 d - # ~ 5 ~ -. 6 ~ - ' 4 ing z c '7-9.

u l -

16 33" VICTORIX, No. 6.

Promhory Oaths Act.-1 869-70.

PART	XI.	ing any employment or office, a declaration shaJl be substi-
tuted for such oath, to the like e 1 1 - respects as such

.. oath:

IV. The making a declaration id pursuance of this section, instead of oath, shall i n x p e c t s have the same effect as the taking the oath for which such declaratien is substituted would have had if this Act had not passed.

Penalt~onnotmaking 14. If any person required by this Act to make a d

declarations required -Q----w

by this AC~.

instead of an oath declines or neglects to make such decl

shall be subject to the same penalties and disabilities (if any) as he

*

would have been subjected to for declining or neglecting to take the

oath for which the declaration provided by this Act is substituted.

PAET 1x1. PART III. Saving Clauses:

Not to affect mattem

herein stated.

15. Nothing in this Act shdl affect-

I, "The Constitution Act," or any Act or Ordinance passed by

the Legislature of this Province, specially requiring any

particular form of oath to be taken :

11. Any oath required or authorized by Act of the Goirernor and Legidature or Parliament of the said Province to be taken or made for the purpose of attesting any fact, or verifying

clng account or document:

m.

Any oath required to be taken by any juror, witness, or other person, in pursuance of any Act of the Governor and Legis- lature or Parliament of the said Province, or any custom as preliminary to or in the course of any civil. military, criminal, or other trial, inquest, or proceedings of n judicial nature, in- cluding any arbitration, or as prcliminar y t o x n the course of any proceedings before a Committee of either House of

Parliament, or before any Commissioner, or other special

tribunal appointed by the Governor.

Perrim need not be

re-sworn.	16. Nothing in this Act shall be deemed to render it necessary for any person wh	been sworn under the Laws for the time being
in force, to be re-S	by reason of the passing of this Act, b..

saving OE power of	17. Where	a ' declaration has been substituted for an oath under
altera$ion hitherto

exercised. this Act, any person, body corporate, or society, which before the

1:; . passing of this Act had power to alter s u c c a t h, or to substitute another oath in its place, may exercise a like power with regard ta nuch declaration.

General @.ring u to

mstters herein stated. oath formed a condition, precedent or subsequent to the attainment 18. Where, prcviouslg to the passing of this Act, the taking of any

/aQ C id by any person of any office, privilege, exemption, or other benefit,

/L~-L and such peraon is by this Act prevented from fulfilling such con- dkti~~q shall nevertheless, on complying with the other conditions,

if

Promissory Oaths Act.-1 8G9-7 0.

if any, attached to the attainment of such office, privilege, exemption,	PART	I IS.
or other benefit, be entitled thereto in the same manner as if the condition relating to such oath, and any directions as to the certi- ficate or registration of the taking of such oath or otherwise, had been fulfilled and performed.

In the nanx and on behalf of the Queen I hereby assent to

this Act.

JAMES FERGUSSON, Governor.

8 33" VICTORIB, No. 6.

SCHEDULE.

First Part.

Thc oaths are to bc tendered by the Master of the

Supreme Court or the Judge's Associate, and

The Governor.	taken in the prewnce of the Chief Justice or Act-
ing Chief Justice of the Supreme Court of the
Province.

l The oaths are to bc tendered by the Clerk of the

of the Exccutire Executive Council, and taken in the presence of

Council.	the Governor in Council.
$ecomd Part.

The Chief Justice of the Supreme Court.

The Judges of the Supreme Court.

The Commissioner of Insolvency,

Special Magistrates.

1963 S 5 - Justices of the Peace.

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AdeSaii?e: Printed by authority, by W, C. Cos, Gorernment Printer, Xorth-terrace.