20. (1) It shall not be lawful for any justice of the peace S. 20. or other person to administer or cause or allow to be received any Abolition of oath or affidavit touching any matter or thing whereof such extra judicial justice or other person has not jurisdiction or cognisance by some Act or Imperial Act in force at the time being. (2) Provided that nothing in this section contained shall be construed to extend to (a) any oath or affidavit before any justice of the peace in any matter or thing touching the preservation of the peace, or the prosecution, trial, or punishment of offences; or (b) any inquiry held before any justice of the peace in the nature of coroners' inquests respecting sudden deaths; or (c) any proceeding before either House of Parliament or a (d) any oath or affidavit required by the laws of any foreign. (e) any declaration under this Part of this Act. oaths. 9 Vic. No. 9. s. 7. Declaration in for. 21. Any justice of the peace, notary public, or other cases not specofficer by law authorised to administer an oath may take and ifically provided receive the declaration of any person voluntarily making the Eighth and same before him in the form or to the effect of the form in either Schedules. the Eighth or the Ninth Schedule to this Act. Ninth Ibid. s. 9. 46 Vic. No. 17, s. 295. Wills, deeds, &c., 22. Any attesting witness to the execution of any will or codicil, deed, or instrument in writing, and any other competent may be verified" person, may verify and prove the signing, sealing, publication, or by declaration. delivery of any such will, codicil, deed, or instrument in writing by 9 Vic. No. 9, s. 8 such declaration in writing made as aforesaid before such justice, notary, or officer. 23. Whenever any declaration is made and subscribed by Fees. any person under or in pursuance of any of the provisions of this Ibid. s. 10. Part of this Act, every such fee as would have been due and payable on the taking or making of any oath or affidavit, shall be in like manner due and payable upon making and subscribing such declaration. tion. 24. In all cases where by this Part of this Act, or under Form of declarathe authority thereof, or by virtue of any power or authority Eighth and hereby given, a declaration (a) is substituted in lieu of an oath or affidavit ; or Ninth Schedules. Ibid. s. 11. 46 Vic. No. 17 (b) is directed or authorised to be made and subscribed, al- s. 295. though not substituted in lieu of an oath or affidavit, such declaration, unless otherwise directed by the powers hereby given, shall be in the form, or to the effect of the form, in either the Eighth or the Ninth Schedule to this Act. S. 25. False declaration. 9 Vic. No. 9, ss. 4, 9, 12. 25. In all cases where by this Part of this Act, or under the authority thereof, or by virtue of any power or authority hereby given, a declaration- (a) is substituted in lieu of an oath or affidavit ; or (b) is directed or authorised to be made and subscribed, although not substituted in lieu of an oath or affidavit, any person who wilfully and corruptly makes and subscribes any such declaration, knowing the same to be untrue in any material particular, shall be guilty of a misdemeanour. PART V. 26. Every justice of the peace shall have power to take and receive affidavits in all matters pending in any Court. To enable a justice of the peace to take an affidavit for use in the Supreme Courts the matter must be pending in that Court. On an application for a mandamu. the affidavits on which the rule nisi had been granted had been sworn before a J.P, On the objection being taken it was urged that the matter was pending in the Small Debts Court when the affidavits were sworn; but it was held the matter must be pending in the Court in which the affidavit is to be used: Ex parte Leonard, (1895) 11 W.N. 165; Ex parte Staunton, (1898) 14 W.N. 126. In Jones v. Jones, (1898) 19 N.S.W.R. 43; 14 W.N. 207, affidavits to found a motion for attachment for contempt were sworn before a J.P., the suit was in the Divorce Jurisdiction, but it was held that the application was outside the divorce suit and that the affidavits were wrongly sworn as the attachment motion was not a matter pending at the time the affidavits were sworn. 27. (1) The Chief Justice of the Supreme Court may by commission, under the seal of the said Court, authorise as many persons as he may think necessary to take and receive affidavits concerning any matter within the jurisdiction of any Court. (2) Every such commission heretofore issued by any Chief Justice and now in force shall be deemed to have been issued under this Act. 28. Every person authorised to act under any such commission shall receive such fees as may be prescribed by rule of the Supreme Court. 29. Every person wilfully swearing falsely in any affidavit made before any such justice of the peace or other person so authorised to take affidavits, shall be deemed guilty of perjury and shall incur and be liable to the same pains and penalties as if he had wilfully sworn falsely in open Court in a judicial proceeding in the Supreme Court. I, SECOND SCHEDULE. Oath of allegiance. Section 10. So much of sec- Section 295, from do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her Heirs and Successors according to law. So help me God. Sections 3, 4, 5 33 Vic. No. 14. s. 2. I, THIRD SCHEDULE. Official oath. do swear that I will well and truly serve Her Majesty Queen Victoria in the office of So help me GOD. Section 5. 37 Vic. No. 10, s. 3. I, FOURTH SCHEDULE. Judicial oath. do swear that I will well and 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 colony without fear or favour, affection or ill-will." So help me GOD. Section 5, Sch. 5. Section 5. 37 Vic. No. 10 s. 5. Section 13. 46 Vic. No. 17, s. 343. Section 13. 20 Vic. No. 31. s. 10. Sections 21, 24. 9 Vic. No. 9. Schedule. Sections 21, 24 46 Vic. No. 17, Schedule 7. I, being chosen and admitted of Her Majesty's Executive Council in New South Wales, 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 or Officer Administering the Government of New South Wales for the time being for the good management of the public affairs of New South Wales, that I will not directly or indirectly reveal such matters as shall be debated in council and committed to my secrecy, but that I will in all things be a true and faithful councillor. So help me God. SIXTH SCHEDULE. Declaration. I solemnly declare that the evidence now about to be given (or the statement now about to be made) by me shall be the truth, the whole truth, and nothing but the truth. declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act, 1900. 1, NINTH SCHEDULE. Declaration. of (residence), do hereby solemnly declare and affirm that [the facts to be stated according to the declarant's knowledge, belief, or information, severally]. And I make this solemn declaration, as to the matter (or matters) aforesaid, according to the law in this behalf made-and subject to the punishment by law provided for any wilfully false statement in any such declaration. .8. 1. PROHIBITION AND MANDAMUS ACT 1901. TABLE Showing how the sections of Acts consolidated have been dealt with. ACT No. XLIV., 1901. An Act to consolidate enactments relating to proceedings in Prohibition and on Writs of Mandamus. [Assented to, 7th November, 1901.] BE E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : PART I. 1. This Act may be cited as the "Prohibition and Man- Short title and damus Act, 1901," and is divided into Parts, as follows :— division. |