the-ordinances-of-the-legislative-counci-1890 — Page 369

ORDINANCE No. 5 OF 1856. 333


Common Law Procedure.


Extension to
2. Subject to the provisions of this present Ordinance, which shall this Colony
be read with and as forming part of the said Ordinance No. 6 of 1855 , of certain
enactments
such and so many of the enactments of the Imperial Parliament as are and statutory
rules for
specified in schedule A, to this Ordinance annexed, and also such and so amending the
pleading and
many of the rules or orders made by the Judges of the Superior Courts. practice of
the Courts at
of Common Law at Westminster under statutory authority for regulating Westminster.

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V. c. 67 repealed respectively by Ordinance No. 10 of 1864 and Ordinance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. ]

3. All writs whatsoever shall be tested and bear date the respective Teste and
date of writs.
days whereon the same shall happen to be sued out.

4. Every Court, Magistrate, Commissioner, or officer qualified to take affidavits Unsworn decla
rations of wit
nesses, &c.
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. ]

5. All proceedings in cases within the meaning of section 514 of Shipowners'
responsibility
the " Merchant Shipping Act 1854," and of any enactments passed or to clauses.