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Statutory Declarations Act 1835 - Law Dictionary Search Results

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Statutory Declarations Act, 1835

Statutory Declarations Act, 1835 (English) (5 & 6 Wm. 4, c. 62), which substitutes declarations for oaths in a large number of cases.The expression 'statutory declaration' in a statute means declaration under the above Act, Interpretation Act, 1889, s. 21.As to the punishment if a person 'knowingly and wilfully makes a statement false in a material particular' in a statutory declaration see (English) Perjury Act, 1911, s. 5....


Declaration in lieu of oath

Declaration in lieu of oath. By the (English) Statutory Declarations Act, 1835 (5 & 6Wm. 4, c. 62), any justice of the peace, notary public, or other officer authorized to administer an oath, is empowered to take voluntary declarations in the form specified in the Act; and any person wilfully making suchdeclaration false in any material particular is guilty of a misdemeanour. The form given by the Act of 1835 is as follows:--I, A.B., do solemnly and sincerely declare that and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the (English) Statutory Declarations Act, 1835....


Oath

Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...


Voluntary oath

Voluntary oath, an oath administered in a case for which the law has not provided. See (English) Statutory Declarations Act, 1835 (5 & 6 Wm. 4, c. 62), and OATH....


Legitimacy Declaration Act, 1858 (English)

Legitimacy Declaration Act, 1858 (English) (21 & 22 Vict. c. 93), which provides that any natural born subject of the King, being domiciled in England or Ireland, or claiming any real or personal estate situated in England, may apply to the High Court of Justice for a decree, declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother ,or of his grandfather and grandmother, was a valid marriage, or for a decree declaring that his own marriage was valid. See also (English) Legitimacy Act, 1926 (16& 17 Geo. 5, c. 60), applying the 1858Act in cases also of legitimation by subsequent marriage of parents and giving jurisdiction therein to the County Court....


Accession Declaration Act, 1910 (English)

Accession Declaration Act, 1910 (English), See BILL OF RIGHTS....


Interpretation Act, 1889 (English)

Interpretation Act, 1889 (English) (52 & 53 Vict. c. 63). A most important statute, repealing and re-enacting Lord Brougham's Act of 1850 (13 Vict. c. 21), 'for shortening the language used in Acts of Parliament' and other similar Acts, and further shortening such language. By this Act, in Acts passed after 1850, words importing the masculine gender include females, words in the singular include the plural, and words in the plural include the singular; also, definitions are provided of 'month,' 'land,' 'parish' (see those titles), and other terms.The Act also provides that:-In this Act and in every other Act, whether passed before or after the commencement of this Act, references to the Sovereign reigning at the time of the passing of the Act or to the Crown shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being, and this Act shall be binding on the Crown (s. 30).Statutory powers to make rules, etc., may be exercised from time to ti...


Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...


Vaccination

Vaccination, inoculation with the virus of cowpox as a preventive of smallpox. First made compulsory in 1853 by 16 & 17 Vict. c. 100, gratuitous vaccination having been previously provided for in the various enactments, dating from 1840, on the subject prior to 1867, all of which were repealed by the Vaccination Act of that year (30 & 31 Vict. c. 84). By the Act it was provided, inter alia, that the parent of every child born in England should within three months after the birth of such child, or where by reason of the death, illness, absence, or inability of the parent or other cause, any other person should have the custody of such child, 1898 by the (English) Vaccination Act, 1898, and this last Act was itself amended by the (English) Vaccination Act, 1907, in order to give relief to persons having a conscientious objection to vaccination, and s. 1(1) is as follows:-1.-(1) No parent or other person shall be liable to any penalty under s. 29 or s. 31 of the Vaccination Act of 1867 if...


Municipal corporation

Municipal corporation. A body of persons in a town having the powers of acting as one person, of holding and transmitting property, and of regulating the government of the town. Such corporations existed in the chief towns of England (as of other countries) from very early times, deriving their authority from 'incorporating' charters granted by the Crown.The Municipal Corporations Act,1835 (5 & 6 Wm. 4, c. 76), passed after local inquiries by Royal Commissioners, completely reorganized the constitution of these corporations, and abrogated all charters so far, but so far only, as inconsistent with it. This Act applied to 178 corporations named in the schedules thereto, and to 68 other corporations subsequently receiving a charter, a town to which it applied being styled a 'borough.'The (English) Act of 1835 was amended by a series of statutes passed from time to time, and consolidated by the (English) Municipal Corporations Act,1882 (45 & 46 Vict. c. 50), which, in turn (except for Lond...


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