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STATUTORY DECLARATIONS ACT 1835

STATUTORY DECLARATIONS ACT 1835 - LONG TITLE

An Act . . .{1} to make Provisions for the Abolition of
unnecessary Oaths.{2}
[9th September 1835]
Preamble rep. by SLR 1888 (No.2)

Treasury may substitute a declaration in lieu of an oath, &c. in
certain cases.

STATUTORY DECLARATIONS ACT 1835 - SECT 2

2. In any case where by any Act or Acts made or to be made
relating to the revenues of custom or excise,..., the office of
stamps and taxes, ..., the war office, the army pay office, the
office of the treasurer of the navy, the accountant general of the
navy, or the ordnance, His Majesty's Treasury, Chelsea Hospital,
Greenwich Hospital, the Board of Trade or any of the offices of
His Majesty's principal secretaries of state, the India board, the
office for auditing the public accounts, the national debt office,
or any office under the control, direction, or superintendence of
the Treasury, or by any official regulation in any department, any
oath, solemn affirmation, or affidavit might, but for the passing of
this Act, be required to be taken or made by any person on the
doing of any act, matter, or thing, or for the purpose of
verifying any book, entry, or return or for any other purpose
whatsoever, it shall be lawful for the Treasury, if they shall so
think fit, by writing under their hands and seals, to substitute a
declaration to the same effect as the oath, solemn affirmation, or
affidavit, which might but for the passing of this Act be required
to be taken or made; and the person who might under the Act or
Acts imposing the same be required to take or make such oath,
solemn affirmation, or affidavit, shall, in presence of the
commissioners, collector, other officer or person empowered by such
Act or Acts to administer such oath, solemn affirmation, or
affidavit, make and subscribe such declaration; and every such
commissioner, collector, other officer or person, is hereby empowered
and required to administer the same accordingly.

STATUTORY DECLARATIONS ACT 1835 - SECT 3
Copy of instrument substituting declaration shall be published in the
gazette; and after 21 days from the date thereof the provisions of
this Act shall apply;

3. When the lords commissioners of His Majesty's Treasury shall, in
any such case as herein-before mentioned, have substituted in writing
under their hands and seals a declaration in lieu of an oath,
solemn affirmation, or affidavit, such lords commissioners shall, so
soon as conveniently may be, cause a copy of the instrument
substituting such declaration to be inserted and published in the
London Gazette; and from and after the expiration of twenty-one days
next following the day of the date of the gazette, wherein the
copy of such instrument shall have been published, the provisions of
this Act shall extend and apply to each and every case specified
in such instrument, as well and in the same manner as if the same
were specified and named in this Act.

STATUTORY DECLARATIONS ACT 1835 - SECT 4
and no oath shall be administered for which such declaration has
been substituted.

4. After the expiration of the said twenty-one days it shall not
be lawful for any commissioner, collector, officer, or other person
to administer or cause to be administered, or receive or cause to
be received, any oath, solemn affirmation, or affidavit, in the lieu
of which such declaration as aforesaid shall have been directed by
the Treasury to be substituted.

S.5 rep. by 1946 c.13 (NI) s.16(3) sch. S.6 rep. by SL(R) 1971

STATUTORY DECLARATIONS ACT 1835 - SECT 7
Oaths in courts of justice, &c. still to be taken.

7. Provided also, that nothing in this Act contained shall extend
or apply to any oath, solemn affirmation, or affidavit, which now
is or hereafter may be made or taken, or be required to be made
or taken, in any judicial proceeding in any court of justice, or
in any proceeding for or by way of summary conviction before any
justice or justices of the peace; but all such oaths, affirmations,
and affidavits shall continue to be required, and to be
administered, taken, and made, as well and in the same manner as
if this Act had not been passed.

STATUTORY DECLARATIONS ACT 1835 - SECT 8
Universities of Oxford and Cambridge and other bodies may substitute
declarations for oaths.

8. It shall be lawful for the universities of Oxford and Cambridge,
and for all other bodies corporate and politic, and for all bodies
now by law or statute or by any valid usage authorized to
administer or receive any oath, solemn affirmation, or affidavit, to
make statutes, byelaws, or orders authorizing and directing the
substitution of a declaration in lieu of any oath, solemn
affirmation, or affidavit now required to be taken or made: Provided
always that such statutes, byelaws, or orders be otherwise duly made
and passed according to the charter, laws, or regulations of the
particular university, other body corporate and politic, or other
body so authorized as aforesaid.

S.9 rep. by SLR 1890; SL(R) 1971. S.10 rep. by SL(R) 1971. S.11
rep. by 1883 c.57 s.113 sch.3. S.12 rep. by 1946 c.13 (NI) s.16(3)
sch.; 1954 c.30 (NI) s.38 sch.5

STATUTORY DECLARATIONS ACT 1835 - SECT 13
Justices, &c. not to administer oaths, &c. touching matters whereof
they have no jurisdiction by statute.

13.... It shall not be lawful for any justice of the peace or
other person to administer or cause or allow to be administered, or
to receive or cause or allow to be received, any oath, affidavit,
or solemn affirmation touching any matter or thing whereof such
justice or other person hath not jurisdiction or cognizance by some
statute in force at the time being: Provided always, that nothing
herein contained shall be construed to extend to any oath,
affidavit, or solemn affirmation before any justice in any matter or
thing touching the preservation of the peace, or the prosecution,
trial, or punishment of offences, or touching any proceedings before
either of the Houses of Parliament or any committee thereof
respectively, nor to any oath, affidavit, or affirmation which may
be required by the laws of any foreign country to give validity to
instruments in writing designed to be used in such foreign countries
respectively.

STATUTORY DECLARATIONS ACT 1835 - SECT 14
Declarations substituted for oaths and affidavits required by Bank of
England on the transfer of stock.

14. In any case in which it has been the usual practice of the
Bank of England to receive affidavits on oath to prove the death
of any proprietor of any stocks or funds transferable there, or to
identify the person of any such proprietor, or to remove any other
impediment to the transfer of any such stocks or funds, or relating
to the loss, mutilation, or defacement of any bank note..., no such
oath or affidavit shall in future be required to be taken or made,
but in lieu thereof the person who might have been required to
take or make such oath or affidavit shall make and subscribe a
declaration to the same effect as such oath or affidavit.

STATUTORY DECLARATIONS ACT 1835 - SECT 15
Declarations substituted for oaths and affidavits required by 1731
c.7 and 1831 c.15.

15. ... In any action or suit brought or intended to be brought
in any court of law or equity within any of the territories,
plantations, colonies, or dependencies abroad, being within and part
of his Majesty's dominions, for or relating to any debt or account,
wherein any person residing in... Ireland shall be a party, or for
or relating to any lands, tenements, or hereditaments or other
property situate, lying, and being in the said places respectively,
it shall and may be lawful to and for the plaintiff or defendant,
and also to and for any witness to be examined or made use of in
such action or suit, to verify or prove any matter or thing
relating thereto by solemn declaration or declarations in writing in
the form in the schedule hereunto annexed, made before any justice
of the peace, notary public, or other officer now by law authorized
to administer an oath, and certified and transmitted under the
signature and seal of any such justice, notary public duly admitted
and practising, or other officer; which declaration, and every
declaration relative to such matter or thing as aforesaid, in any
foreign kingdom or state, or to the voyage of any ship or vessel,
every such justice of the peace, notary public, or other officer
shall be and he is hereby authorized and empowered to administer or
receive; and every declaration so made, certified, and transmitted,
shall in all such actions and suits be allowed to be of the same
force and effect, as if the person or persons making the same had
appeared and sworn or affirmed the matters contained in such
declaration viva8 voce in open court, or upon a commission issued
for the examination of witnesses or of any party in such action or
suit respectively; provided that in every such declaration there
shall be expressed the addition of the party making such declaration
and the particular place of his or her abode.

STATUTORY DECLARATIONS ACT 1835 - SECT 16
Declaration in writing sufficient to prove execution of any will,
codicil, &c.

16. It shall and may be lawful to and for any attesting witness
to the execution of any will or codicil, deed or instrument in
writing, and to and for any other competent person, to verify and
prove the signing, sealing, publication, or delivery of any such
will, codicil, deed, or instrument in writing, by such declaration
in writing made as aforesaid; and every such justice, notary, or
other officer shall be and is hereby authorized and empowered to
administer or receive such declaration.

STATUTORY DECLARATIONS ACT 1835 - SECT 17
Crown debts in suits on behalf of His Majesty to be proved by
declaration.

17. In all suits now depending or hereafter to be brought in any
court of law or equity by or in behalf of His Majesty, in any of
His said Majesty's territories, plantations, colonies, possessions, or
dependencies, for or relating to any debt or account, His Majesty
shall and may prove his debts and accounts and examine his witness
or witnesses by declaration, in like manner as any subject or
subjects is or are empowered or may do by this present Act.

STATUTORY DECLARATIONS ACT 1835 - SECT 18
Voluntary declaration in the form in the schedule may be taken.

18.... It shall and may be lawful for any justice of the peace,
notary public, or other officer now by law authorized 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
to this Act annexed;....

STATUTORY DECLARATIONS ACT 1835 - SECT 19
Fees payable on oath shall be paid on declarations substituted in
lieu thereof.

19. Whenever any declaration shall be made and subscribed by any
person or persons under or in pursuance of the provisions of this
Act or any of them, all and every such fees or fee as would have
been due and payable on the taking or making any legal oath,
solemn affirmation, or affidavit shall be in like manner due and
payable upon making and subscribing such declaration.

STATUTORY DECLARATIONS ACT 1835 - SECT 20
Declarations to be in the form prescribed in schedule.

20. In all cases where a declaration in lieu of an oath shall
have been substituted by this Act, or by virtue of any power or
authority hereby given, or where a declaration is directed or
authorized to be made and subscribed under the authority of this
Act, or of any power hereby given, although the same be not
substituted in lieu of an oath heretofore legally taken, such
declaration, unless otherwise directed under the powers hereby given,
shall be in the form prescribed in the schedule hereunto annexed.

S.21 rep. by 1946 c.13 (NI) s.16(3) sch. Ss.22, 23 rep. by SLR
1874

and I make this solemn declaration conscientiously believing the same
to be true, and by virtue of the provisions of [an Act made and
passed in the year of the reign of his present Majesty, intituled
"An Act" (here insert the title of this Act)].