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COMMISSIONERS FOR OATHS ACT 1889

COMMISSIONERS FOR OATHS ACT 1889 - LONG TITLE

An Act for amending and consolidating enactments relating to the
administration of Oaths.{1}
[31st May 1889]
Appointment and powers of commissioners for oaths.

COMMISSIONERS FOR OATHS ACT 1889 - SECT 1

1.(1) The Lord Chancellor may from time to time, by commission
signed by him, appoint persons being practising solicitors or other
fit and proper persons to be commissioners for oaths, and may
revoke any such appointment.

(2) A commissioner for oaths may, by virtue of his commission, in
England or elsewhere, administer any oath or take any affidavit for
the purposes of any court or matter in England, including any of
the ecclesiastical courts or jurisdictions, matters ecclesiastical,
matters relating to applications for notarial faculties, and matters
relating to the registration of any instrument, whether under an Act
of Parliament or otherwise, and take any bail or recognizance in or
for the purpose of any civil proceeding in the Supreme Court,....

(3) Provided that a commissioner for oaths shall not exercise any
of the powers given by this section in any proceeding in which he
is solicitor to any of the parties to the proceeding, or clerk to
any such solicitor, or in which he is interested.

COMMISSIONERS FOR OATHS ACT 1889 - SECT 2
Powers of certain officers of court, &c. to administer oaths.

2. Every person who, being an officer of or performing duties in
relation to any court, is for the time being so authorised by a
judge of the court, or by or in pursuance of any rules or orders
regulating the procedure of the court, and every person directed to
take an examination in any cause or matter in the Supreme Court,
shall have authority to administer any oath or take any affidavit
required for any purpose connected with his duties.

COMMISSIONERS FOR OATHS ACT 1889 - SECT 3
Taking of oaths out of England.

3.(1) Any oath or affidavit required for the purpose of any court
or matter in England, or for the purpose of the registration of
any instrument in any part of the United Kingdom, may be taken or
made in any place out of England before any person having authority
to administer an oath in that place.

(2) In the case of a person having such authority otherwise than
by the law of a foreign country, judicial and official notice shall
be taken of his seal or signature affixed, impressed, or subscribed
to or on any such oath or affidavit.

COMMISSIONERS FOR OATHS ACT 1889 - SECT 4
Appointment of persons to administer oaths for prize proceedings.

4. The Lord Chancellor may, whenever it appears to him necessary to
do so, authorise any person to administer oaths and take affidavits
for any purpose relating to prize proceedings in the Supreme Court,
whilst that person is on the high seas or out of Her Majesty's
dominions, and it shall not be necessary to affix any stamp to the
document by which he is so authorised.

COMMISSIONERS FOR OATHS ACT 1889 - SECT 5
Jurat to state where and when oath is taken.

5. Every commissioner before whom any oath or affidavit is taken or
made under this Act shall state truly in the jurat or attestation
at what place and on what date the oath or affidavit is taken or
made.

COMMISSIONERS FOR OATHS ACT 1889 - SECT 6
Powers as to oaths and notarial acts abroad.

6.(1) Every British ambassador, envoy, minister, charge9 d'affaires,
and secretary of embassy or legation exercising his functions in any
foreign country, and every British consul-general, consul, vice-consul,
acting consul, pro-consul, and consular agent [acting consul general,
acting vice-consul, and acting consular agent] exercising his
functions in any foreign place may, in that country or place,
administer any oath and take any affidavit, and also do any
notarial act which any notary public can do within the United
Kingdom; and every oath, affidavit, and notarial act administered,
sworn, or done by or before any such person shall be as effectual
as if duly administered, sworn, or done by or before any lawful
authority in any part of the United Kingdom.

(2) Any document purporting to have affixed, impressed, or subscribed
thereon or thereto the seal and signature of any person authorised
by this section to administer an oath in testimony of any oath,
affidavit, or act being administered, taken, or done by or before
him, shall be admitted in evidence without proof of the seal or
signature being the seal or signature of that person, or of the
official character of that person.

S.7 rep. by SLR (NI) 1954. Ss.810 rep. by 1913 c.27 (3 & 4 Geo.
5) s.20 sch. Pt.I

Definitions.

COMMISSIONERS FOR OATHS ACT 1889 - SECT 11

11. In this Act, unless the context otherwise requires,

"Oath" includes affirmation and declaration:

"Affidavit" includes affirmation, statutory or other declaration,
acknowledgment, examination, and attestation or protestation of honour:

"Swear" includes affirm, declare, and protest:

"Supreme Court" means the Supreme Court of Judicature in England.

S.12 rep. by SLR 1908. S.13 rep. by SL(R) 1977. S.14 rep. by SLR
1908

Short title.

COMMISSIONERS FOR OATHS ACT 1889 - SECT 15

15. This Act may be cited as the Commissioners for Oaths Act,
1889.

Schedule rep. by SLR 1908