Statutory Declarations Act 1835

XV Declaration substituted for Oaths and Affidavits required by 5 G.2 c.7 and 54 G.3 c.15.

And whereas an Act was passed in the Fifth Year of the Reign of His late Majesty King George the Second, intituled An Act for the more easy Recovery of Debts in His Majesty's Plantations and Colonies in America: And whereas another Act was passed in the Fifty-fourth Year of the Reign of His late Majesty King George the Third, intituled An Act for the more easy Recovery of Debts in His Majesty's Colony of New South Wales: And whereas it is expedient that in future a Declaration should be substituted in lieu of the Affidavit on Oath authorized and required by the said recited Acts ; be it therefore enacted, That from and after the Commencement of this Act, in any Action or Suit then depending or thereafter to be 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 Great Britain and 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 viva 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 he expressed the Addition of the Party making such Declaration, and the particular Place of his or her Abode.