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Colonial Affidavits Act 1859

1859 CHAPTER 12

An Act to repeal, as regards the Colony of Victoria, and to enable other Colonial Legislatures to repeal, certain Provisions of the Imperial Acts of the Fifty-fourth Year of George the Third, Chapter Fifteen, and of the Fifth and Sixth Years of William the Fourth, Chapter Sixty-two.

[8th August 1859]

WHEREAS by the First, Second, and Third Sections of an [54 G. 3. c. 15.] Act passed in the Fifty-fourth Year of His late Majesty King George the Third, intituled An Act for the more easy Recovery of Debts in Her Majesty's Colonies of New South Wales, Provision was made for the Proof, by Affidavit, Affirmation, or otherwise, of certain Matters requiring to be proved before any Courts of Law or Equity in New South Wales or its Dependencies, and for the Punishment of Persons guilty of making such Affidavits or Affirmations falsely : And whereas by the Fifteenth and Seventeenth Sections of an [5 & 6 W. 4. c. 62.] Act passed in the Session of Parliament held in the Fifth and Sixth Years of His late Majesty King William the Fourth, intituled An Act to repeal an Act of the present Session of Parliament, intituled " An Act for the effectual Abolition " of Oaths and Affirmations taken and made in various Departments " of the State, and to substitute Declarations in lieu thereof," and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits, and to make other Provisions for the Abolition of Unnecessary Oaths, Provision was made for the Proof by solemn Declaration or otherwise of certain Matters or Things requiring to be proved before any Court of Law or Equity in Her Majesty's Possessions abroad: And whereas it is expedient that the Provisions above recited should be repealed as regards the Colony of Victoria, and that as well the said Provisions as the Fourth Section of the said first-recited Act of Parliament should be alterable or repealable as regards any of Her Majesty's Possessions abroad by the Legislature or other Legislative Authority of such Possession:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :

ICertain Sections of recited Acts repealed so far as they apply to the Colony of Victoria.

The First, Second, and Third Sections of the said first-recited Act of Parliament, and the Fifteenth and Seventeenth Sections of the said secondly-recited Act of Parliament, shall be and they are hereby repealed so far as they apply to Her Majesty's Colony of Victoria.

IIPower to Colonial Legislatures to repeal, alter, or amend Provisions of recited Acts so far as applicable to such Possessions.

It shall be lawful for the Legislature or other Legislative Authority of any of Her Majesty's Possessions abroad to which any of the Provisions contained in the said first-recited Act, or in the Fifteenth or Seventeenth Section of the said secondly-recited Act, shall apply, to repeal, alter, or amend all or any of the Provisions, so far as applicable to such Possession, in like Manner and subject to the same Conditions as if the same had been originally enacted by such Legislature or Legislative Authority.