ORDINANCE No. 5 of 1856.
Common Law Procedure.
333
Extension to this Colony
enactments and statutory rules for amending the pleading and practice of Westminster.
the Courts at
2. Subject to the provisions of this present Ordinance, which shall be read with and as forming part of the said Ordinance No. 6 of 1855, of certain such and so many of the enactments of the Imperial Parliament as are specified in schedule A, to this Ordinance annexed, and also such and so many of the rules or orders made by the Judges of the Superior Courts of Common Law at Westminster under statutory authority for regulating practice and pleading in the said Courts as are specified in schedule B, to this Ordinance also annexed, shall, from and after the passing of this Ordinance (but so far only as in the said schedules respectively are specified,) extend to and have force within this Colony: And all powers and duties thereby respectively conferred or imposed upon any Judges of the said Superior Courts, any masters thereof, and any sheriffs, gaolers, officers, or others owing obedience to any of the said Courts, shall respectively devolve upon and be exercised or performed by the Supreme Court of this Colony, the Registrar of the said Court, and the sheriff of this Colony, and all gaolers, officers, or others within the same, according to their several and respective jurisdictions and authorities in the premises. respectively. [So much as relates to 17 and 18 V. c. 36 and to 18 and 19 V. c. 67 repealed respectively by Ordinance No. 10 of 1864 and Ordinance No. 12 of 1864.]
date of writs.
3. All writs whatsoever shall be tested and bear date the respective Teste and days whereon the same shall happen to be sued out.
4. Every Court, Magistrate, Commissioner, or officer qualified to take affidavits or depositions in any matter, civil or criminal, where any person competent to give evidence or make affidavit therein shall refuse to be sworn thereto, may, at his discretion, permit him or her to make an unsworn declaration or statement of his or her testimony in the said matter, which said declaration or statement shall thenceforth have the same force and effect in all respects as his or her deposition or affidavit (as the case may be) to the like purport, if sworn to in the usual way, would have had : But no such permission shall be granted to any person who shall not have been first, by the said Court, Magistrate, Commissioner, or officer, duly warned to speak the truth, and informed of the penalties which he or she will incur by making a false declaration or statement under this Ordinance; and further, who shall not (unless he or she shall happen to be a heathen) have first satisfied the said Court, Magistrate, Commissioner, or officer, that his or her objection to take the oath proceeds from a religious or conscientious belief that the taking of an oath is unlawful. [Repealed by Ordinance No. 2 of 1889.]
Unsworn declarations of witnesses, &c.
5. All proceedings in cases within the meaning of section 514 of the "Merchant Shipping Act 1854," and of any enactments passed or to Shipowners responsibility clauses.
ORDINANCE No. 5 or 1856.
Common Law Procedure.
333
Extension to this Colony
enactments and statutory rules for amending the pleading and
practice of Westminster.
the Courts at
2. Subject to the provisions of this present Ordinance, which shall be read with and as forming part of the said Ordinance No. 6 of 1855, of certain such and so many of the enactments of the Imperial Parliament as are specified in schedule A, to this Ordinance annexed, and also such and so many of the rules or orders made by the Judges of the Superior Courts of Common Law at Westminster under statutory authority for regulating practice and pleading in the said Courts as are specified in schedule B, to this Ordinance also annexed, shall, from and after the passing of this Ordi- nance (but so far only as in the said schedules respectively are specified,) extend to and have force within this Colony: And all powers and duties thereby respectively conferred or imposed upon any Judges of the said Superior Courts, any masters thereof, and any sheriffs, gaolers, officers, or others owing obedience to any of the said Courts, shall respectively devolve upon and be exercised or performed by the Supreme Court of this Colony, the Registrar of the said Court, and the sheriff of this Co- lony, and all gaolers, officers, or others within the same, according to their several and respective jurisdictions and authorities in the premises. respectively. [So much as relates to 17 and 18 V. c. 36 and to 18 and 19 V. c. 67 repealed respectively by Ordinance No. 10 of 1864 and Ordinance No. 12 of 1864.]
date of writs.
3. All writs whatsoever shall be tested and bear date the respective Teste and days whereon the same shall happen to be sued out.
4. Every Court, Magistrate, Commissioner, or officer qualified to take affidavits or depositions in any matter, civil or criminal, where any person competent to give evidence or make affidavit therein shall refuse to be sworn thereto, may, at his discre- tion, permit him or her to make an unsworn declaration or statement of his or her testimony in the said matter, which said declaration or statement shall thenceforth have the same force and effect in all respects as his or her deposition or affidavit (as the case may be) to the like purport, if sworn to in the usual way, would have had : But no such permission shall be granted to any person who shall not have been first, by the said Court, Magistrate, Commissioner, or officer, duly warned to speak the truth, and informed of the penalties which he or she will incur by making a false declaration or statement under this Ordinance; and further, who shall not (unless he or she shall happen to be a heathen) have first satisfied the said Court, Magistrate, Commissioner, or officer, that his or her objection to take the oath proceeds from a religious or conscientious belief that the taking of an oath is unlawful. [Repealed by Ordinance No. 2 of 1889.]
Unsworn decla. rations of wit-
nesses, &c.
5. All proceedings in cases within the meaning of section 514 of Shipowners the "Merchant Shipping Act 1854," and of any enactments passed or to
responsibility clauses.
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