Promissory Oaths Act 1871

1 Repeal of Acts. E+W+S+N.I.

F1 . . . . . .

(2) Where by the recited Acts or this Act any person is prevented or relieved from taking any oath or making or subscribing any declaration, the taking, making, or subscribing of which forms a condition precedent or subsequent to the attainment by such person of any office, privilege, exemption, or other benefit, or the due performance of any act, such person shall nevertheless, on complying with the other conditions, if any, attached to the attainment of such office, privilege, exemption, or other benefit or the due performance of such act, be entitled thereto, and be deemed duly to have performed such act, in the same manner as if the condition relating to such oath or declaration, and any directions as to the certificate or registration of the taking of such oath, or making or subscribing such declaration, or otherwise, had been fulfilled and performed.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words repealed by Statute Law Revision Act 1883 (c. 39)

Modifications etc. (not altering text)

C1 “The recited Acts” means the Act 29 & 30 Vict. c. 22 and the Promissory Oaths Act 1868 (c. 72)

2 Persons before whom oaths to be taken. E+W+S+N.I.

Whereas by the M1 Promissory Oaths Act 1868, it is provided that the oaths of allegiance and judicial oath should be taken by each of certain officers therein mentioned, in manner in which the oaths required to be taken by such officer previously to the passing of that Act would have been taken; and it is desirable, with a view to the revision of the statute law, to define the manner in which such oaths are to be taken: each such officer shall take the said oaths before such persons as Her Majesty may from time to time appoint; or,

In England, before the Lord High Chancellor of Great Britain or in the [F2 High Court], in open court before one or more of the judges of such court, or in open court at the general or quarter sessions of the peace for the county, borough, or place in which the person taking the oaths acts as justice:

In Scotland, in the Court of Session in open court before one or more of the judges of that court, . . . . . . F3 , or in open court before the court of the [F4 sheriff principal of the sheriffdom] for which the person taking the oaths acts as justice:

In Ireland, before [F5 the Lord Chief Justice of Northern Ireland, or in the High Court], in open court before one or more of the judges of such court, or at the quarter sessions of the peace for the county in which the person taking the oaths acts as justice.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)

F3 Words repealed by District Courts (Scotland) Act 1975 (c. 20), Sch. 2

F4 Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4, Sch. 1, para. 1

F5 Words substituted by virtue of S.R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2(1)

Modifications etc. (not altering text)

C2 Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

Marginal Citations

M1 1868 c. 72.

3 Short title. E+W+S+N.I.

This Act may be cited as “The Promissory Oaths Act 1871.”