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EDITOR’S NOTE - Jeremy Bentham, The Works of Jeremy Bentham, vol. 5 (Scotch Reform, Real Property, Codification Petitions) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 5.

Part of: The Works of Jeremy Bentham, 11 vols.

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EDITOR’S NOTE

*∗* By 5 & 6 W. IV. c. 8 (12th June 1835,) entitled, “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 extrajudicial Oaths and Affidavits,”—certain enactments were preceded by the following preamble:—“Whereas, by an Act passed in the session holden in the 1st and 2d year of the reign of his present Majesty, intituled, ‘An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise departments of his Majesty’s revenue, and to substitute Declarations in lieu thereof’ (1 & 2 W. IV. c. 4,) and by other enactments subsequent thereto, the number of oaths and affirmations required to be taken and made in these departments has been greatly diminished, and the beneficial operation of the said recited act, and such other subsequent enactments, gives ground to believe that the number of oaths and affirmations may be yet farther reduced in those and other departments of the State.” This statute was repealed, and new provisions substituted, by 5 & 6 W. IV. c. 62 (9th September 1835,) which enacted (§ 2,) That where Oaths are administered in proceedings connected with the 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 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, the Secretaries of State’s offices, the India Board, the Audit office, the National-Debt office, or any other office under controul of the Treasury, the Lords of the Treasury may substitute Declarations. (§ 5,) Persons making false affirmations, in cases connected with the revenues of the customs or excise, stamps and taxes, or post-office, guilty of misdemeanor. (§ 6,) The oath of allegiance still to be taken by persons in office. (§ 7,) The act not to abolish judicial oaths. (§ 8,) It is made lawful for the universities of Oxford or Cambridge, or any other bodies corporate and public, entitled to administer oaths, to substitute declarations. (§ 9,) Churchwardens and sidesmen no longer to take oaths, but only to make declaration of faithful and diligent performance on entering on their duties. (§ 10,) Declarations substituted for the oaths appointed to be taken under highway and police acts. (§ 11,) Persons applying for patents under the great seal, instead of the usual oath, to make a declaration in the same terms. (§ 12,) Declarations substituted for the oaths under the pawnbroker’s acts, to be taken in the same terms, and on the same occasions. (§ 13,) Justices of the Peace and others are prohibited from taking oaths or affidavits “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,”—the enactment not to apply to oaths in matters connected with the preservation of the peace, or prosecutions, or proceedings before Parliament; or to oaths necessary to validate legal instruments to be used in foreign countries. (§ 14,) Where it was the practice of the Bank of England to take oaths for facilitating transfers, or as to the loss or destruction of notes,—declarations substituted. (§ 15,) Declarations substituted for oaths of parties and witnesses, in actions in the colonies, “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, situate, lying, and being in the said places.” (§ 16,) The attesting witnesses to any testament or deed, may verify the execution by declaration in writing. (§ 18, 21,) A form of voluntary declaration to be taken in miscellaneous cases, the taking which, or any other declaration substituted for any oath, falsely, renders the party guilty of a misdemeanor.—Ed.