5 & 6 W. 4, c. 62. False decla 5 & 6 Will. 4, c. 62 (a), s. 2. [The lords of the treasury may substitute a declaration for any oath, affirmation, or «ffidavit, used in certain public offices.] 3. [The instrument substituting such declaration shall be published in the London Gazette; twenty-one days after which, this act shall apply.] 4. [After which time, oaths and affidavits shall be disused in such offices.] 5. That if any person shall make and subscribe any such ration relat declaration as hereinbefore mentioned in lieu of any oath, ing to certain solemn affirmation, or affidavit by any act or acts relating to the misdemeanor. revenues of customs or excise, stamps and taxes, or post office, revenues, a 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. 6. [Oath of allegiance still to be taken.] s. 27-Chancery offices, 4 & 5 Will. 4, c. 78, s. 29.-Constabulary, 6 & 7 Will 4, c. 13, s. 24.-Ecclesiastical affairs, 4 Geo. 4, c. 99, s. 56; 2 & 3 Will. 4, c. 41, s. 18; 3 & 4 Will. 4, c. 37, s. 123; c. 78, s. 82; and c. 100, s. 39.Education, 28 Geo. 3, c. 15, s. 13; and 53 Geo. 3, c. 107, s. 30.—Election of members of parliament, 4 Geo. 4, c. 55, s. 85; 2 & 3 Will. 4, c. 88, s. 42 — Fisheries, 59 Geo. 3, c. 109, s. 33.-Foreign enlistment, 59 Geo. 3, c. 69, s. 5.Grand jury presentment, 33 Geo. 2, c. 7, s 10; 13 & 14 Geo. 3, c. 18, s. 15; and c. 32, s. 37; 23 & 24 Geo. 3, c. 42, s. 21; 36 Geo. 3, c. 55, s. 91; 45 Geo. 3, c. 43, s.39; 58 Geo. 3, c. 67, s. 29; 59 Geo. 3, c. 84, s. 29; and 6 & 7 Will. 4, c. 116, s. 172.-Linen Manufacture, 5 & 6 Will. 4, c. 27, s. 31.-Marine mutiny act, 6 & 7 Will. 4, c. 9, s. 56.-Mutiny act, 6 & 7 Will. 4, c. 8, s. 78.—Newspapers, 23 & 24 Geo. 3, c. 28, s. 6.—Public funds, 10 Geo. 4, c. 24, s. 44.-Public offices, 3 Geo. 4, c. 115, s. 5; and 5 & 6 Will. 4, c. 48, s. 32.-Public revenue, 55 Geo. 3, c. 19, s. 94; c. 80, s. 11; and c. 104, s. 13; 59 Geo 3, c. 107, s. 46; 1 Geo. 4, c. 79, s.6; and 10 Geo. 4, c. 50, s. 83.-Public works and institutions, 11 & 12 Geo. 3, c. 8, s. 41; 54 Geo. 3. c. 159, s. 25; 1 Geo. 4, c. 81, s. 15; and 1 & 2 Will. 4, c. 33, s. 93.-Quarantine, 6 Geo. 4, c. 78, s. 29 -Shannon improvement, 5 & 6 Will. 4, c. 67, s. 11.-Valuation of land in Ireland, 6 & 7 Will. 4, c. 84, s. 28. For false swearing before the deputy keeper of the rolls, and clerk of the inrolments in chancery, see 4 & 5 Will. 4, c. 78, s. 10. (a) Entitled, " An act to repeal an act of the present session of parliament, intituled an act for the more 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 vaths." 7. [Oaths still to be taken in courts of justice.] 8. [All corporations and bodies now authorized to administer oaths, may make by-laws or orders substituting a declaration.] 9. [The oaths of churchwardens and sidesmen abolished, and a declaration substituted.] 10. [So also in matters relating to turnpike trusts.] 11. [And previous to taking out a patent for an invention.] 12. [Declaration substituted for oaths &c., required by acts relating to pawnbrokers.] 5 & 6 W. 4, c. 62. 13. And whereas 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 any wise pending or at issue before the justice of the peace or other person by whom such oaths or affidavits have been administered or received: and whereas doubts have arisen whether or not such proceeding is illegal; for the more effectual suppression of such practice and removing such doubts, be it enacted, that Justices not from and after the commencement of this act, it shall not be to administer lawful for any justice of the peace or other person to admi- oaths except where jurisnister, or cause or allow to be administered, or to receive, or diction is cause or allow to be received, any oath, affidavit, or solemn given them by statute. affirmation, touching any matter or thing whereof such justice or other person hath not jurisdiction or cognizance by some statute in force at the time being: Provided always, that nothing Proviso. herein contained shall be construed to extend to any oath, affidavit, or solemn affirmation before any justice in any matter or thing touching the preservation of the peace, or the prosecution, trial, or punishment of offences, or touching any proceedings before either of the houses of parliament or any committee `thereof respectively, nor to any oath, affidavit, or affirmation which may be required by the laws of any foreign country, to give validity to instruments in writing designed to be used in such foreign countries respectively. 16. That it shall and may be lawful to and for any attesting Declaration witness to the execution of any will or codicil, deed, or instru- in writing sufficient to ment in writing, and to and for any other competent person, to prove execuverify and prove the signing, sealing, publication, or delivery of tion of any any such will, codicil, deed, or instrument in writing, by such will or deed. 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. untrue decla 18. And whereas it may be necessary and proper, in many Making cases not herein specified, to require confirmation of written ration; misinstruments or allegations, or proof of debts, or of the execu- demeanor. tion of deeds or other matters; be it therefore further enacted, 62. 5 & 6 W. 4, c. that it shall and may be lawful for any justice of the peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him, in the form in the schedule to this act annexed (a); and if any declarations so made shall be false or untrue in any material particular, the person wilfully making such false declaration, shall be deemed guilty of a misdemeanor. Declaration to be as in schedule. Making false declaration; misdemeanor. Swearing or declaring falsely under civil bill act; perjury. 19. [All fees payable on oaths, affirmations, or affidavits, shall be payable upon declarations.] 20. That in all cases where a declaration in lieu of an oath shall have been substituted by this act, or by virtue of any power or authority hereby given, or where a declaration is directed or authorized to be made and subscribed under the authority of this act, or of any power hereby given; although the same be not substituted in lieu of an oath heretofore legally taken, such declaration, unless otherwise directed under the powers hereby given, shall be in the form prescribed in the schedule hereunto annexed. 21. That in any case where a declaration is substituted for an oath under the authority of this act, or by virtue of any power or authority hereby given, or is directed and authorized to be made and subscribed under the authority of this act, or by virtue of any power hereby given; any person who shall wilfully and corruptly make and subscribe any such declaration, knowing the same to be untrue in any material particular, shall be deemed guilty of a misdemeanor. 6 & 7 Will. 4, c. 75 (b), s. 60.-That if any person taking an oath, or making a declaration or affirmation in any action, examination, or other proceeding under the provisions of this act, shall wilfully and corruptly swear, declare, or affirm falsely, he shall be deemed guilty of perjury, and shall be liable to be prosecuted and punished accordingly: and if, in any such action, examination, or other proceeding, the assistant barrister shall deem any witness or party to have so far wilfully and (a) SCHEDULE. I, A. B. do solemnly and sincerely declare that ; and I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an act made and passed in the year of the reign of his present majesty, intituled, " An act [here insert the title of this act.] (b) Entitled, "An act to extend the jurisdiction, and regulate the proceed. ings of the civil bill courts in Ireland.” & 7 W. 4, c. 60. Assistant bar corruptly sworn, declared, or affirmed falsely, as that, in his 6 opinion, such witness or party ought to be prosecuted at the expense of the county within which the witness or party shall have so sworn or affirmed or declared, and shall certify such rister may opinion in writing; then and in every such case, if any pro-cution at exsecution takes place, the court in which such prosecution shall pense of the take place shall make an order for payment of the expenses of county. such prosecution by the treasurer of the county. 63. [The powers by this act conferred on assistant barristers shall be exercised in the county of Dublin, by the chairman; and in the city of Dublin by the recorder; and the duties directed to be performed by the clerk of the peace shall be there discharged by the register, and clerk or register of civil bills, respectively.] order prose SECTION 4. Extortion. commit ex 3 Edw. 1, c. 21, Eng.-And that no sherriff, nor other the King's officer king's officer, take any reward to do his office, but shall be shall not paid of that which they take of the king; and he that so doth, tortion. shall yield twice as much, and shall be punished at the king's pleasure. 1 Hen. 4, c. 11, Eng. (pars.)—(3) And if any sheriff from Extortion by henceforth do any extortion to the people, and be thereof sheriffs. attainted, he shall be duly punished for the same extortion at the king's will. for levying or process of the pipe. 57 Geo. 3, c. 56, s. 23.-That no sheriff, under-sheriff, Sheriff's shall bailiff, or other person employed in levying or collecting any receive no fee of the said debts or sums of money (a), shall ask or take or forbearing to receive any fee, gift, gratuity, or reward whatsoever, of the levy, under person or persons liable to pay the same, nor of any other person, for or upon pretence of such levying or collecting, or for or upon pretence of forbearing to levy or collect the same, or any part or proportion thereof; and in case any sheriff shall nihil, or not duly answer to the crown any debt or sum of money which shall have been levied, collected, or received by him, such sheriff, for every such offence, shall forfeit treble (a) Viz. The amount of fines and forfeited recognizances. extortion. 57 G. 3, c. 56. damages to the party aggrieved, and double the sum nihiled and not duly answered as aforesaid, to his majesty, his heirs, and successors; which said damages and penalty shall be ordered, decreed, and given by the Court of Exchequer, on complaint and proof of such abuse as aforesaid made and Sheriff taking exhibited before the barons of the said court, in such summary fee on exe way and method as to them shall seem meet; and in case any cuting green wax process; sheriff, under-sheriff, bailiff, or other person so employed as aforesaid, shall demand, take, or receive any sum or sums of money, gift, gratuity, or reward of any kind whatsoever, or any security, promise, or engagement of or for any sum or sums of money, fee, gift, gratuity, or reward of any kind whatsoever, be the same more or less, of any person whomsoever, for or in respect or upon pretence of executing any green wax process of the Court of Exchequer in Ireland, or for or in respect or upon pretence of fees due to them or any of them, for collecting or receiving the same, or for not executing, or for delaying to execute any such process, or any warrant issued thereon; or shall accept of a less sum upon account, or in payment or discharge of any such process or warrant, than as in such warrant or process is mentioned; then and in all and every such case, every person so offending, and being thereof lawfully convicted, shall be deemed guilty of extortion; and every person, being thereof lawfully convicted, shall forfeit for every such offence, to the party aggrieved in such process or warrant, the amount of the sum ordered to be levied by such process or warrant, and double the sum so extorted, together with full costs of suit, to be recovered by action of debt, bill, plaint, or information in any of the superior courts of record in Dublin. Penalty.for taking gaol fees, &c. 24. [The Court of Exchequer may award and order damages, costs, and penalties summarily, to any person charged in such process] and thereupon such offender shall not be liable to any action or indictment for such offence. [The order shall have the same effect and force as any other order of the court; and obedience to it may be similarly enforced.] 1 & 2 Geo. 4, c. 77 (a), s. 7.-That if any clerk of the crown, or clerk of the peace, or any of their deputies, or any sheriff or under sheriff, or any gaoler or under gaoler, or any turnkey or crier at assizes or sessions, or any person acting under (a) Entitled, "An act to abolish the payment by prisoners in Ireland, of gaol fees, and all other fees relating to the commitment, continuance, trial, or discharge of such prisoners, and to prevent abuses by gaolers, bailiffs, and other officers." |