or criminal, in any court of law or equity in the united kingdom, or on appointment to any office or employment, or on any occasion whatever, such person is bound by the oath administered: provided the same shall have been administered in such form and with such ceremonies as such person may declare to be binding; and every such person, in case of wilful false swearing, may be convicted of the crime of perjury in the same manner as if the oath had been administered in the form and with the ceremonies most commonly adopted.' instead of oath in certain cases. By the 17 & 18 Vict. c. 125, s. 20, if any person called as a Affirmation witness, or required or desiring to make an affidavit or deposition, shall refuse, or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the Court or judge or other presiding officer or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following; viz., “I, A. B., do solemnly, sincerely, and truly affirm and declare, that the taking of any oath is, according to my religious belief, unlawful; and I do also solemnly, sincerely, and truly affirm and declare," &c., which solemn affirmation and declaration shall be of the same force and effect as if such person had taken an oath in the usual form.' Sec. 21. If any person making such solemn affirmation or declaration shall wilfully, falsely, and corruptly affirm or declare any matter or thing, which if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, every such person so offending shall incur the same penalties as by the laws and statutes of this kingdom are or may be enacted or provided against persons convicted of wilful and corrupt perjury.' By the 24 & 25 Vict. c. 66, s. 1, if any person called as a witness in any court of criminal jurisdiction in England or Ireland, or required or desiring to make an affidavit or deposition in the course of any criminal proceeding, shall refuse or be unwilling, from alleged conscientious motives, to be sworn, it shall be lawful for the Court or judge, or other presiding officer or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person instead of being sworn, to make his or her solemn affirmation or declaration in the words following; viz., "I, A. B., do solemnly, sincerely, and truly affirm and declare that the taking of any oath is according to my religious belief unlawful; and I do also solemnly, sincerely and truly affirm and declare," &c., which solemn affirmation and declaration shall be of the same force and effect as if such person had taken an oath in the usual form.' This section was framed from the above enactment, 17 & 18 Vict. c. 125, s. 20, supra. any Persons making a false affirmation to be subject to punishment as for perjury. Persons refusing from motives to be sworn in criminal proceedings to be permitted to make a solemn affirmation or conscientious declaration. for making false affirmation. Sec. 2. If any person making such solemn affirmation or de- Punishment claration shall wilfully, falsely, and corruptly affirm or declare matter or thing which, if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, every such person so offending shall incur the same penalties as by the laws and statutes of this kingdom are or may be enacted or provided against persons convicted of wilful and corrupt perjury.' By 32 & 33 Vict. c. 68, s. 4, if any person called to give evidence 32 & 33 Vict. Marriage Acts. 5 & 6 Will. 4, c. 62, s. 2. Lords of the Treasury empowered to substitute a declaration in lieu of an oath, cases. in any court of justice (7) whether in a civil or criminal proceeding, shall object to take an oath, or shall be objected to as incompetent to take an oath, such person shall, if the presiding judge (r) is satisfied that the taking of an oath would have no binding effect on his conscience, make the following promise and declaration: I solemnly promise and declare that the evidence given by me to the Court shall be the truth, the whole truth, and nothing but the truth.' And any person who, having made such promise and declaration, shall wilfully and corruptly give false evidence, shall be liable to be indicted, tried, and convicted for perjury, as if he had taken an oath. By 19 & 20 Vict. c. 119 (entitled 'An Act to Amend the Provisions of the Marriage and Registration Acts'), s. 2, every person who shall knowingly or wilfully make and sign or subscribe any false declaration, or who shall sign any false notice, for the purpose of procuring any marriage under the provisions of any of the recited Acts (6 & 7 Will. 4, c. 85; 1 Vict. c. 22; 3 & 4 Vict. c. 72), or this Act, shall suffer the penalties of perjury. By sec. 18, any person who shall knowingly or wilfully make any false declaration or sign any false notice required by this Act for the purpose of procuring any marriage, and every person who shall forbid the granting by any superintendent registrar of a certificate for marriage by falsely representing himself or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false, shall suffer the penalties of perjury. (8) The 5 & 6 Will. 4, c. 62, which was passed for the purpose of abolishing unnecessary oaths, by sec. 2 enacts, 'that in any case where, by any Act or Acts made or to be made relating to the revenues of customs or excise, the post-office, the office of stamps and taxes, the office of woods and forests, land revenues, works, and buildings, the war office, the army pay-office, the office of the &c., in certain 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 lords commissioners of his Majesty's 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 lords commissioners of his Majesty's treasury, or any three of them, 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 (r) The words court of justice' and the words 'presiding judge' in this section shall be deemed to include any person or persons having by law autho rity to administer an oath for the taking of evidence. 33 & 34 Vict. c. 49, s. 1. This Act was passed shortly after the present editor, held, whilst sitting as arbitrator, that an arbitrator was not a court of justice within the meaning of this Act. See Bradlaugh v. De Rin, 5 W. N., 1870, p. 9, C. P. (s) The 6 & 7 Will. 4, c. 85, s. 38, is repealed by 37 & 38 Vict. c. 35 (the Statute Law Revision Act, 1874). See 3 & 4 Vict. c. 72, s. 4, vol. 2, p. 811, ante, p. 3. 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.' Sec. 3. The declaration so substituted is to be published in the Declaration to Gazette and after twenty-one days from the date of the Gazette be published. the provisions of this Act are to apply.' Sec. 4. After the expiration of the said twenty-one days it shall No oath not be lawful for any commissioner, collector, officer, or other afterwards. 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 lords commissioners of his Majesty's treasury to be substituted.' demeanor. Sec. 5. If any person shall make and subscribe any such de- False declaclaration as herein before mentioned in lieu of any oath, solemn rations a misaffirmation, or affidavit, by any Act or Acts relating to the revenues of customs or excise, stamps and taxes, or post-office, required to be made on the doing of any act, matter, or thing, or for verifying any book, account, entry, or return, or for any purpose whatsoever, and shall wilfully make therein any false statements as to any material particular, the person making the same shall be deemed guilty of a misdemeanor.' By sec. 6, the oath of allegiance is to be required in all cases as before the Act passed. By sec. 7, oaths in courts of justice are to be taken in the same manner as if the Act had not passed. Cambridge, declaration in Sec. 8. 'It shall be lawful for the universities of Oxford and Universities of Cambridge, and for all other bodies corporate and politic, and for Oxford and all bodies now by law or statute, or by any valid usage, authorized and other to administer or receive any oath, solemn affirmation, or affidavit, bodies, may to make statutes, bye-laws, or orders authorizing and directing substitute a the substitution of a declaration in lieu of any oath, solemn affir- lieu of an mation, or affidavit now required to be taken or made: provided oath. always that such statutes, bye-laws, 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.' sidesman's tion to be made in lieu thereof. Sec. 9. In future every person entering upon the office of church- Churchwarwarden or sidesman, before beginning to discharge the duties den's and thereof, shall, in lieu of such oath of office, make and subscribe, in oath abolished, the presence of the ordinary or other person before whom he would, and a declarabut for the passing of this Act, be required to take such oath, a declaration that he will faithfully and diligently perform the duties of his office, and such ordinary or other person is hereby empowered and required to administer the same accordingly: provided always, that no churchwarden or sidesman shall in future be required to take any oath on quitting office, as has heretofore been practised.' Declaration oaths and affidavits by persons acting in turnpike trusts. Sec. 10. In any case where, under any Act or Acts for making, substituted for maintaining, or regulating any highway, or any road, or any turnpike road, or for paving, lighting, watching, or improving any city, town, or place, or touching any trust relating thereto, any oath, solemn affirmation, or affidavit might, but for the passing of this Act, be required to be taken or made by any person whomsoever, no such oath, solemn affirmation, or affidavit, shall in future be required to be or be taken or made, but 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 lieu thereof, in the presence of the trustee, commissioner, or other person before whom he might under such Act or Acts be required to take or make the same, make and subscribe a declaration to the same effect as such oath, solemn affirmation, or affidavit, and such trustee, commissioner, or other person, is hereby empowered and required to administer and receive the same.' Declaration substituted for oaths and affidavits here tofore required on taking out a patent. Declaration substituted for oaths and affidavits required by Acts as to pawnbrokers. Sec. 11. 'Whenever any person or persons shall seek to obtain any patent under the Great Seal for any discovery or invention, such person or persons shall, in lieu of any oath, affirmation, or affidavit which heretofore has or might be required to be taken or made upon or before obtaining any such patent, make and subscribe, in the presence of the person before whom he might, but for the passing of this Act, be required to take or make such oath, affirmation, or affidavit, a declaration to the same effect as such oath, affirmation, or affidavit; and such declaration, when duly made and subscribed, shall be to all intents and purposes as valid and effectual as the oath, affirmation, or affidavit in lieu whereof it shall have been so made and subscribed.' Sec. 12. 'Where by any Act or Acts at the time in force for regulating the business of pawnbrokers, any oath, affirmation, or affidavit might, but for the passing of this Act, be required to be taken or made, the person who by or under such Act or Acts might be required to take or make such oath, affirmation, or affidavit, shall in lieu thereof make and subscribe a declaration to the same effect; and such declaration shall be made and subscribed at the same time, and on the same occasion, and in the presence of the same person or persons, as the oath, affirmation, or affidavit in lieu whereof it shall be made and subscribed would by the Act or Acts directing or requiring the same be directed or required to be taken or made; and all and every the enactments, provisions, and to such oaths, penalties contained in or imposed by any such Act or Acts, as to to declarations, any oath, affirmation, or affidavit thereby directed or required to be taken or made, shall extend and apply to any declaration in lieu thereof, as well and in the same manner as if the same were herein expressly enacted with reference thereto.' Penalties as &c., to apply Justices not to administer oaths, &c., touching matters whereof they have no Sec. 13, reciting that a practice has prevailed of administering and receiving oaths and affidavits voluntarily taken and made in matters not the subject of any judicial inquiry, nor in anywise pending or at issue before the justice of the peace, or other person by whom such oaths or affidavits have been administered or rejurisdiction by ceived,' and that 'doubts have arisen whether or not such proceeding is illegal, for the more effectual suppression of such practice and removing such doubts,' enacts, that from and after the commencement of this Act, it shall not be lawful for any statute. 6 justice of the peace or other person to administer, or cause or oaths and England on Sec. 14. In any case in which it has been the usual practice of Declaration the Bank of England to receive affidavits on oath to prove the substituted for death of any proprietor of any stocks or funds transferable there, affidavits reor to identify the person of any such proprietor, or to remove any quired by other impediment to the transfer of any such stocks or funds, Bank of or relating to the loss, mutilation, or defacement of any bank-note the transfer or bank post bill, no such oath or affidavit shall in future be re- of stock. quired 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.' By sec. 15, declarations are substituted in lieu of the oaths required by the 5 Geo. 2, c. 7, 'An Act for the more easy recovery of debts in his Majesty's plantations and colonies in America,' and the 54 Geo. 3, c. 15, An Act for the more easy recovery of debts in his Majesty's colony of New South Wales.' Sec. 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.' Declaration in writing suffiexecution of any will, codicil, &c. cient to prove Majesty to be Sec. 17. In all suits now depending or hereafter to be brought Suits on in any court of law or equity by or in behalf of his Majesty, his behalf of his heirs and successors, in any of his said Majesty's territories, plan- proved by tations, colonies, possessions, or dependencies, for or relating to declaration. any debt or account, that his Majesty, his heirs and successors, shall and may prove his and their debts and accounts, and examine his or their witness or witnesses by declaration, in like manner as any subject or subjects is or are empowered or may do by this present Act.' Sec. 18, reciting that it may be necessary and proper in many Voluntary cases not herein specified, to require confirmation of written instru- declaration in (ss) See Reg. v. Nott, C. & M. 288, post, p. 106. (t) There are some cases where a justice may administer an oath out of his county, and the distinction seems to be the form in |