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PROMISSORY OATHS ACT 1871
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CHAPTER XLVIII.
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An Act to repeal divers enactments relating to Oaths and Declarations which are not in force; and for other purposes connected therewith.[1]
[13th July 1871.]
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[Preamble recites 29 & 30 Vict. c. 22; 31 & 32 Vict. c. 72; and that it is expedient expressly to repeal the Acts or parts of Acts virtually repealed by those Acts.]
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1. [Repeal of Acts in Schedule.]
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Provision where taking oath is condition precedent under repealed Act.
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. . . . . . . . . . .
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(2.) Where by the recited Acts or this Act any person is prevented or relieved from taking any oath or making or subscribing any declaration, the taking, making, or subcribing of which forms a condition precedent or subsequent to the attainment by such person of any office, privilege, exemption, or other benefit, or the due performance of any act, such person shall nevertheless, on complying with the other conditions, if any, attached to the attainment of such office, privilege, exemption, or other benefit or the due performance of such act, be entitled thereto, and be deemed duly to have performed such act, in the same manner as if the condition relating to such oath or declaration, and any directions as to the certificate or registration of the taking of such oath, or making or subscribing such declaration, or otherwise, had been fulfilled and performed.
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Persons before whom oaths to be taken.
31 & 32 Vict. c. 72.
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2. Whereas by the Promissory Oaths Act, 1868, it is provided that the oaths of allegiance and judicial oath should be taken by each of certain officers therein mentioned, in manner in which the oaths required to be taken by such officer previously to the passing of that Act would have been taken; and it is desirable, with a view to the revision of the statute law, to define the manner in which such oaths are to be taken: Be it enacted that each such officer shall take the said oaths before such persons as Her Majesty may from time to time appoint; or,
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In England, before the Lord High Chancellor of Great Britain or in the Court of Chancery, Queen's Bench, Common Pleas, or Exchequer, in open court before one or more of the judges of such court, or in open court at the general or quarter sessions of the peace for the county, borough, or place in which the person taking the oaths acts as justice :
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In Scotland, in the Court of Session in open court before one or more of the judges of that court, or in open court at the quarter sessions of the peace for the county, borough, or place in which the person taking the oaths acts as justice, or in open court before the court of the sheriff of the county for which the person taking the oaths acts as justice :
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In Ireland, before the Lord Chancellor of Ireland, or in the Court of Chancery, Queen's Bench, Common Pleas, or Exchequer, in open court before one or more of the judges of such court, or at the quarter sessions of the peace for the county in which the person taking the oaths acts as justice.
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Short title.
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3. This Act may be cited as “The Promissory Oaths Act, 1871.”
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[Scheds. rep. 46 & 47 Vict. c. 39. (S.L.R.)]
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[1 Short title, “The Promissory Oaths Act, 1871.” See s. 3.] |
