Commissioners For Oaths
Legal definition for Indian law research
Definition
Commissioners for Oaths. Masters extraordinary in Chancery acted in very early times as commissioners to administer oaths to persons making affidavits (see that title) before them concerning Chancery suits, and the judges of the Common Law courts were authorized, under 29 Car. 2, c. 5, by commission to empower 'what and as many persons as they should think fit and necessary' to take affidavits for one shilling fee concerning Common Law actions. The Masters in Chancery were succeeded by solicitors under 16 & 17 Vict. c. 78, appointed by the Lord Chancellor, the fee being one shilling and sixpence.
The (English) Commissioners for Oaths Act, 1889 (52 & 53 Vict. c. 10), which amends and consolidates twenty-four enactments on the subject, enacts by s. 1 that the Lord Chancellor may, from time to time, by commission signed by him, appoint practising solicitors or other fit and proper persons to be commissioners for oaths; with power, in England or elsewhere, to administer any oath or take any affidavit for the purpose of any Court or matter in England, etc. But it is provided that a commissioner may not act in any proceedings in which he is solicitor to any of the parties to the proceeding, or in which he is interested, and to the same effect is R.S.C. Ord. XXXVIII., r. 16.
The ordinary minimum qualification is in London, and other large towns, six years' continuous practice as a solicitor from the date of the first certificate (but this rule is under special circumstances sometimes relaxed), or if he has been a barrister, from the date of his call to the (English) Bar (Solicitors Act, 1932, s. 73), and each application must be supported by two barristers, two solicitors, and at least six neighbours of the applicant. See Memorandum of Lord Chancellor issued in January, 1894. The appointment must be registered with the Law Society or their Appointee, Solicitors Act, 1932, s. 72.
The fees for Court business, two shillings for each oath, and one shilling and fourpence for each exhibit, are given by Supreme Court Fees Order, 1930, and it has been usual to take similar fees for business not in Court. see also (English) R.S.C. Ord. LXV., r. 8, Appendix N.
The (English) Commissioners for Oaths Act, 1891, allows persons to take oaths before commissioners for oaths instead of justices of the peace, in matters arising under the (English) Pawnbrokers Act, 1872, and other Acts therein mentioned.
The (English) Commissioners for Oaths Act, 1889 (52 & 53 Vict. c. 10), which amends and consolidates twenty-four enactments on the subject, enacts by s. 1 that the Lord Chancellor may, from time to time, by commission signed by him, appoint practising solicitors or other fit and proper persons to be commissioners for oaths; with power, in England or elsewhere, to administer any oath or take any affidavit for the purpose of any Court or matter in England, etc. But it is provided that a commissioner may not act in any proceedings in which he is solicitor to any of the parties to the proceeding, or in which he is interested, and to the same effect is R.S.C. Ord. XXXVIII., r. 16.
The ordinary minimum qualification is in London, and other large towns, six years' continuous practice as a solicitor from the date of the first certificate (but this rule is under special circumstances sometimes relaxed), or if he has been a barrister, from the date of his call to the (English) Bar (Solicitors Act, 1932, s. 73), and each application must be supported by two barristers, two solicitors, and at least six neighbours of the applicant. See Memorandum of Lord Chancellor issued in January, 1894. The appointment must be registered with the Law Society or their Appointee, Solicitors Act, 1932, s. 72.
The fees for Court business, two shillings for each oath, and one shilling and fourpence for each exhibit, are given by Supreme Court Fees Order, 1930, and it has been usual to take similar fees for business not in Court. see also (English) R.S.C. Ord. LXV., r. 8, Appendix N.
The (English) Commissioners for Oaths Act, 1891, allows persons to take oaths before commissioners for oaths instead of justices of the peace, in matters arising under the (English) Pawnbrokers Act, 1872, and other Acts therein mentioned.
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