Promissory Oaths Declaratory Act of 1873 No 26a (NSW)

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No. XXXI.

An Act to re-enact and confirm the " Pro­ missory Oaths Act" and to indemnify all persons in respect of the tendering or taking of certain Oaths and the making

of certain Affirmations or Declarations.

[Reserved—24th April, 1873.]

fourteen commonly cited as the " Promissory Oaths Act" was not an WHEREAS doubts have arisen whether the Act of the Legis­lature of New South Wales thirty-third Victoria number

Act which should have been reserved for the signification of Her Majesty's pleasure thereon under the provisions of the thirty-sixth

section of the Act of the Legislature of New South Wales seventeenth

Victoria number forty-one commonly cited as the " Constitution Act" as amended by the Imperial Statute eighteenth and nineteenth Victoria chapter fifty-four And whereas it is expedient to remove

such doubts and to re-enact the said Promissory Oaths Act and to indemnify all persons in respect of the tendering or taking by them

of any oath and the making of any affirmation or declaration in the

form prescribed either by the said last-mentioned Act or by the said Constitution Act Be it therefore enacted by the Queen's Most

Excellent Majesty by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

third Victoria number fourteen being the " Promissory Oaths Act" passed in the year one thousand eight hundred and seventy is hereby

1. The Act of the Legislature of New South Wales thirty-

hereby re-enacted and in case of this Act receiving the Royal Assent the said first-mentioned Act shall take effect from the day on which assent was given thereto but nothing herein contained shall in the

case aforesaid affect any person who shall have tendered taken or

made or who shall until such assent has been duly signified in this Colony tender take or make any oath affirmation or declaration or shall affect any oath affirmation or declaration taken or made in some form other than that prescribed by the said Promissory Oaths Act if the tendering taking or making of such oath affirmation or declaration would have been lawful immediately before the passing of the said

Act.

2. All persons who shall have tendered taken or made or shall

hereafter tender take or make any oath affirmation or declaration in the form prescribed by the said Promissory Oaths Act are hereby indemnified and saved harmless from all fines penalties forfeitures disqualifications and incapacities that may have been incurred or may be incurred by reason of the tendering taking or making by such persons of any such oath affirmation or declaration as aforesaid and every such oath so tendered or taken or to be tendered or taken and every affirmation or declaration made or to be made in pursuance

of the provisions of the said Act shall be valid and effectual to all

intents and purposes anything in any Act Statute or Ordinance to the
contrary notwithstanding.

3 .   This Act may be cited as the " Promissory Oaths Declaratory

Act of 1873. "
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