An Act to repeal divers enactments relating to Oaths and Declarations which are not in force; and for other purposes connected therewith.
[13th July 1871]
Modifications etc. (not altering text)
C1Act extended by District Courts (Scotland) Act 1975 (c. 20), s. 11(3); excluded (E.W.) by Courts Act 1971 (c. 23), s. 22(2)
Act restricted (E.W) (19.6.1997) by 1997 c. 25, ss. 69, 74(1) (with s. 73(1), Sch. 4 para. 27)
C2This Act is not necessarily in the form in which it has effect in Northern Ireland
C3Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)
F1 . . . . . .
(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 subscribing 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.
Textual Amendments
F1Words repealed by Statute Law Revision Act 1883 (c. 39)
Modifications etc. (not altering text)
C4 “The recited Acts” means the Act 29 & 30 Vict. c. 22 and the Promissory Oaths Act 1868 (c. 72)
Whereas by the M1Promissory 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: each such officer shall take the said oaths before such persons as Her Majesty may from time to time appoint; or,
In England, before the Lord High Chancellor of Great Britain or in the [F2High Court], 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:
In Scotland, in the Court of Session in open court before one or more of the judges of that court, . . . . . . F3, or in open court before the court of the [F4sheriff principal of the sheriffdom] for which the person taking the oaths acts as justice:
In Ireland, before [F5the Lord Chief Justice of Northern Ireland, or in the High Court], 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.
Textual Amendments
F2Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)
F3Words repealed by District Courts (Scotland) Act 1975 (c. 20), Sch. 2
F4Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1, para. 1
F5Words substituted by virtue of S.R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2(1)
Modifications etc. (not altering text)
C5Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2
Marginal Citations
This Act may be cited as “The Promissory Oaths Act 1871.”
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Schs. 1—4 repealed by Statute Law Revision Act 1883 (c. 39)