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Promissory Oaths Act 1868

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This is the original version (as it was originally enacted).

PART 3Saving Clause

14Not to affect Matters herein stated.

Nothing in this Act contained shall affect—

1.

The Clerical Subscription Act, 1865, or the Parliamentary Oaths, 1866, except in relation to the Form of Oath in manner herein-before mentioned:

2.

The Oath taken by Privy Councillors of the United Kingdom, or by Privy Councillors of Ireland, with the Exception that the Form of the Oath of Allegiance prescribed by this Act shall be .substituted for the Oath of Allegiance, Supremacy, and Abjuration now required to be taken by Privy Councillors :

3.

The Oath of Homage taken by Archbishops and Bishops in the Presence of Her Majesty :

4.

The Oath of canonical Obedience to the Bishop, or the Oath of due Obedience to the Archbishop, taken by Bishops on Consecration, and which Oaths are reserved by the Clerical Subscription Act, 1865 :

5.

Any Oath taken by Peers, Baronets, or Knights on their Creation, with this Exception, that where the Oaths of Allegiance, Supremacy, or Abjuration, or any Two or One of such Oaths, or any Oath substituted for such Oaths or any of them, are or is required to be taken by such Peers, Baronets, or Knights, there shall be substituted for such Oaths, or any Two or One of them, the Oath of Allegiance prescribed by this Act :

6.

Any Oath required to be taken in the Army, the Marines, the Militia, the Yeomanry, or the Volunteers :

7.

The Oath taken by Aliens on being naturalized, with this Exception, that the Form of the Oath of Allegiance prescribed by this Act shall be substituted for the Form of the Oath of Allegiance required so to be taken by Aliens previously to the passing of this Act:

8.

The Eighteenth Section of the Merchant Shipping Act, 1854, or any Provision to be substituted therefor, whereby certain Persons claiming to be Owners of British Ships are required to take the Oath of Allegiance, with this Exception, that the Form of the Oath of Allegiance as prescribed by this Act shall be substituted for the Form of the Oath of Allegiance contained in the said Merchant Shipping Act, 1854:

9.

Any Power of substituting a Declaration for an Oath rested "in the Commissioners of Her Majesty's Treasury by the Act of the Session of the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, Chapter Sixty-two :

10.

Any Oath required or authorized by Act of Parliament to be taken or made for the Purpose of attesting any Pact or verifying any Account or Document:

11.

Any Oath or Declaration taken in Judicial Ratification by Married Women, as the same by the Law and Practice of Scotland have been in use to be taken :

12.

Any Oath required to be taken by any Juror, Witness, or other Person in pursuance of any Act of Parliament or Custom as preliminary to or in the course of any Civil, Military, Criminal, or other Trial, Inquest, or Proceedings of a Judicial Nature, including any Arbitration, or as preliminary to or in the course of any Proceedings before a Committee of either House of Parliament, or before any Commissioner or other special Tribunal appointed by the Crown.

15Saving of Powers of Alteration hitherto exercised.

Where a Declaration has been substituted for an Oath under this Act, any Person, Guild, Body Corporate, or Society which before the passing of this Act had Power to alter such Oath, 0r to substitute another Oath in its Place, may exercise a like Power with regard to such Declaration.

16General Saving as Matters herein stated.

Where previously to the passing of this Act the taking of any Oath formed a Condition precedent or subsequent to the Attainment by any Person of any Office, Privilege, Exemption, or other Benefit, and such Person is by this Act prevented from fulfilling such Condition, he shall nevertheless, on complying with the other Conditions, if any, attached to the Attainment of such Office, Privilege, Exemption, or other Benefit, be entitled thereto in the same Manner as if the Condition relating to such Oath, and any Directions as to the Certificate or Registration of the taking of such Oath, or otherwise, had been fulfilled and performed.

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