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No. 8 of 1893.
STATUTORY DECLARATIONS.
[5 & 6 Will. 4 c. 62.]
*
Short title.
Enactment of Statutory Declarations Act, 1835.
*
Form of declaration,
+
Declaration by foreigner,
Punishment of person making false declaration.
No. 8 of 1893.
Concerning Statutory Declarations. [4th September, 1893.]
WHEREAS, by an Act of Parliament known as "The Statutory Declarations Act, 1835," after reciting that it might be necessary and proper in many cases not therein specified to require confirmation of written instruments or allegations or proof of debts or of the execution of deeds or other matters, it was enacted (amongst other things) that it should and might be lawful for any Justice of the Peace, notary public, or other officer then by law authorised to administer an oath to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule thereto annexed, and that if any declaration so made should be false or untrue in any material particular the person wilfully making such false declaration should be deemed guilty of a misdemeanor; AND WHEREAS it has been the practice for Justices of the Peace and others in this Colony to take and receive declarations purporting to be made by virtue of the provisions of the said Act; AND WHEREAS doubts have arisen whether or not the said enactment extends to and is in force in this Colony and whether or not the said practice is legal, and it is expedient to remove such doubts, and to make further provision regarding statutory declarations:
1. The Statutory Declarations Ordinance, 1893.
2. The Statutory Declarations Act, 1835, shall be deemed to be in force in this Colony and to have so been from the date when the Colony obtained a local Legislature, that is to say, from 5th April, 1843.
3. A declaration made in form 1 or form 2, as the case may be, in the schedule shall be deemed to be a statutory declaration made by virtue of the provisions of the said Act and shall be sufficient for all purposes.
4. Where the declarant is unacquainted with the English language the declaration shall be in form 2 in the schedule, the interpreter having been first declared as in form 3 in the schedule, or sworn to the like effect. The declaration of the interpreter shall be deemed to be a statutory declaration.
5. Every person who wilfully and corruptly makes or subscribes any statutory declaration knowing the same to be untrue in a material particular shall be guilty of a misdemeanor.
I, A.B., do solemnly and sincerely declare that [insert declaration here].
I make this solemn declaration by virtue of the Statutory Declarations Act, 1835.
Declared at [place] this [date] day of [month], [year].
I, [Interpreter's name], do hereby declare that I have interpreted to the declarant the foregoing declaration distinctly and that the declarant has acknowledged the same to be correct, and that I have administered the declaration to the declarant.
[To the declarant:] You do solemnly and sincerely declare in the presence of [name of person administering the declaration] that you will truly interpret the declaration to [name of declarant] who is unacquainted with the English language, audibly and to the best of your ability.
Declare at [place] this [date] day of [month], [year].
19
$
* As amended by No. 1 of 1912.
§ As amended by No. 50 of 1911.
§ As amended by No. 30 of 1911, No. 1 of 1912 and No. 2 of 1912. The punishment of the stocks cannot be inflicted for an offence against this section. See No. 3 of 1890 s. 87 ante p. 525.
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