VOLUNTARY DECLARATIONS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Declaration substituted for oath in certain cases

   3   By-laws to authorise substitution of declaration for oath

   4   Saving as to oath of allegiance

   5   Saving as to oath, etc, in judicial proceedings

   6   Fee on oath to be paid on declaration

   7   Declaration to be in form in Schedule

   8   Justices not to administer oath unless in matter of which they have cognizance

   9   Act not to extend to oath taken by public officer

   10   Power to make declarations as to certain recitals in deeds, etc

      Declaration made before Justice to bear official seal

   11   Under what circumstances declarations receivable in evidence

      SCHEDULE

 

THE VOLUNTARY DECLARATIONS ACT

[Date of Commencement: 1842]

Cap 409.

Act 15 of 2002.

1   Short title

   This Act may be cited as the Voluntary Declarations Act.

2   Declaration substituted for oath in certain cases

   In any case when by any statute made or to be made, any oath or affidavit might, but for the passing of this Act, be required to be taken or made by any person or persons 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 to substitute a declaration in lieu thereof before any Justice; and every such Justice is hereby empowered to take and subscribe the same.

3   By-laws to authorise substitution of declaration for oath

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   It shall be lawful for the Parish Councils of this Island, as well as the Kingston and St. Andrew Corporation, or any other body corporate authorised to administer or receive any oath or affidavit, to make by-laws or orders authorising and directing the substitution of, or declaration in lieu of, any oath or affidavit required to be taken or made:

   Provided that such by-laws and orders be not repugnant to the laws of this Island regulating such bodies corporate.

4   Saving as to oath of allegiance

   Nothing in this Act contained shall extend or apply to the oath of allegiance in any case in which the same now is or may be required to be taken by any person who may be appointed to any office; but such oath of allegiance shall continue to be required, and shall be administered and taken as well and in the same manner as if this Act had not been passed.

5   Saving as to oath, etc, in judicial proceedings

   Nothing in this Act contained shall extend or apply to any oath, or affidavit, or affirmation, which now is or hereafter may be made or taken, or be required to be made or taken, in any judicial proceeding in any Court of Justice, or in any proceeding for or by way of summary conviction; but all such oaths, affidavits, and affirmations shall continue to be required, and to be administered, taken, and made, as well and in the same manner as if this Act had not been passed.

6   Fee on oath to be paid on declaration

   Whenever any declaration shall be made and subscribed by any person or persons under or in pursuance of the provisions of this Act, or any of them, all and every such fees or fee as would have been due and payable on the taking and making any legal oath or affidavit shall be in like manner due and payable upon making and subscribing such declaration.

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