Chapter 005:09 - Statutory Declarations

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L.R.O. 1/2012
LAWS OF GUYANA
STATUTORY DECLARATIONS ACT
CHAPTER 5:09
Act
5 of 1893
Amended by

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 6 ... 1/2012






4 of 1972
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 5:09
STATUTORY DECLARATIONS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Prohibition of administration of oath or affidavit, except where
jurisdiction exists.
3. Power to certain persons to take voluntary declarations.
4. Making false declaration.
5. Mode of referring to declaration.
6. Fee payable by declarant.
7. Savings.
SCHEDULE- Form of Statutory Declaration.
__________________________ 1929 Ed.
c. 255
1953 Ed.
c. 36 _______________________________________________________
5 of 1893 An Act for the Suppression of Voluntary and Extra-Judicial
Oaths and Affidavits.
[22nd FEBRUARY, 1893]
Short title.
Prohibition of
administration
of oath or
affidavit, except
where
jurisdiction
exists.
1. This Act may be cited as the Statutory Declarations
Act.
2. No magistrate, justice of the peace, or other person
may lawfully administer or cause or allow to be administered,
or receive or cause to allow to be received, any oath, affidavit,
or solemn affirmation touching any matter or thing whereof
that magistrate, justice or other person has no jurisdiction or
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Power to
certain persons
to take
voluntary
declarations.
[4 of 1972]
Making false
declaration.
cognizance by some law in force for the time being:
Provided that nothing herein contained shall be
construed to extend to any oath, affidavit, or solemn
affirmation, before any magistrate or justice in any matter or
thing touching the preservation of the peace or the
prosecution, trial, or punishment of offences, or to any oath,
affidavit, or affirmation required by the laws of any country
or place beyond Guyana to give validity to any instrument in
writing designed to be used in that country or place.
3. (1) Subject to the provisions hereinafter contained
wherever confirmation of any written instrument or
allegation, or the proof of any debt or of the execution of any
deed or other matter is required, any judge, magistrate, justice
of the peace, notary public, commissioner authorised to
administer oaths to affidavits, or other officer now by law
authorised to administer an oath, may take the declaration of
any person voluntarily making it before him, in the form in
the Schedule.
(2) Subject to section 7, wherever by any written
law specified by order of the Minister for the purposes of this
section, an oath or an affidavit may, or is, required to be taken
or made by any person for any purpose, any judge,
magistrate, justice of the peace, notary public, commissioner
authorised to administer oaths to affidavits, or other officer
authorised to administer an oath, may take the declaration of
such person in the form in the Schedule and such declaration
shall for all purposes whatsoever have effect as it if were an
oath or an affidavit, as the case may be, taken or made by
such person under that written law.
4. Everyone who makes a declaration according to
this Act containing any statement false in fact, which he
knows or believes to be false or does not believe to be true,
shall be guilty of a misdemeanour and shall be liable to
imprisonment for one year.
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Mode of
referring to
declaration.
Fee payable by
declarant.


Savings.
5. A declaration made under this Act may be referred
to in any Act, or in any official or legal document, as a
statutory declaration.
6. Whenever a declaration is made and subscribed by
any person according to this Act, any fee which would have
been due and payable on the taking or making any legal oath,
affidavit, or solemn affirmation, shall in like manner be due
and payable upon making and subscribing the declaration.
7. Nothing in this Act shall extend or apply—
(a) to the oath of allegiance in any case in which
that oath is or may be required to be taken
by any person; that oath continuing to be
required and being administered and taken
in the same manner as if this Act had not
been passed; or
(b) to any such oath, affidavit, or solemn
affirmation now, or hereafter taken or made,
or required to be taken or made, to verify
and prove the execution of any instrument
or document in order to the due depositing,
or registering, or recording thereof in the
deeds registry or otherwise, or to any oath,
affidavit, or solemn affirmation now or
hereafter taken or made, or required to be
taken or made, in any judicial proceeding in
any court of justice, or in any proceeding
before any magistrate or justice of the peace;
all those oaths, affidavits, and affirmations
continuing to be required and being
administered, taken, and made in the same
manner as if this Act had not been passed;
or

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s. 3
(c) to any oath for the due execution of any
office or employment.
SCHEDULE
FORM OF STATUTORY DECLARATION
I, do solemnly and sincerely declare as
follows- [here state the matter declared.]
I make this declaration conscientiously believing the
same to be true, and according to the Statutory Declarations
Act.

(Signed)........................................................

Declarant
Declared before me this
day of 20 .
(Signed) ......................................................
____________________
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