Commissioners for Oaths Act 1962

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1962/1962-0002/CommissionersforOathsAct1962_1.pdf
Published: 2012-09-01

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Commissioners for Oaths Act 1962

c i e
AT 2 of 1962

COMMISSIONERS FOR OATHS ACT 1962

Commissioners for Oaths Act 1962 Index


c AT 2 of 1962 Page 3

c i e
COMMISSIONERS FOR OATHS ACT 1962

Index Section Page

1 Appointment and powers of Commissioners for Oaths ........................................... 5
2 Powers of certain officers of court, etc, to administer oaths ..................................... 5
3 Jurat to state where and when oath is taken ............................................................... 6
4 [Repealed] ........................................................................................................................ 6
5 Administration of oaths under conventions ............................................................... 6
6 [Amends section 40 of the Evidence Act 1871.] ............................................................ 6
7 Interpretation ................................................................................................................... 6
8 [Repealed] ........................................................................................................................ 6
9 Short title and commencement ..................................................................................... 6
SCHEDULE 7

ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

Commissioners for Oaths Act 1962 Section 1


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c i e
COMMISSIONERS FOR OATHS ACT 1962

Received Royal Assent: 23 May 1962
Passed: 29 May 1962
Commenced: 29 May 1962
AN ACT
for the appointment of Commissioners for Oaths and related matters.
GENERAL NOTE:
References to the Rolls Office and Registries are to be construed in
accordance with the General Registry Act 1965.
1 Appointment and powers of Commissioners for Oaths

[1889/1]
(1) The Clerk of the Rolls may from time to time by Commission signed by
him, appoint persons, being practising advocates or other fit and proper
persons, to be Commissioners for Oaths, and may revoke any such
appointment.1

(2) A Commissioner for Oaths may, by virtue of his commission, in the Isle
of Man or elsewhere, administer any oath or take any affidavit for the
purposes of any court or matter in the Isle of Man (including any
ecclesiastical court or jurisdiction or matter ecclesiastical) or matters
relating to the registration of any instrument whether under an Act of
Tynwald or otherwise, and may take any bail or recognisance in or for
the purpose of any criminal or civil proceedings.2

(3) A Commissioner for Oaths shall not exercise any of the powers given by
this section in any proceeding in which he or any person practising in the
firm in which he practises is an advocate to any of the parties to the
proceeding, or clerk to any such advocate, or in which he is interested.
2 Powers of certain officers of court, etc, to administer oaths

[1889/2]
Every person who, being an officer of or performing duties in relation to any
court of the Rolls Office or the Registry Office of Deeds or Companies or the
Probate Registry, is for the time being so authorised by the Clerk of the Rolls or
by or in pursuance of any rules or orders regulating the procedure of any court,
Section 3 Commissioners for Oaths Act 1962


Page 6 AT 2 of 1962 c

and every person directed to take an examination in any cause or matter in the
High Court, shall have authority to administer any oath or take any affidavit
required for any purpose connected with his duties.3

3 Jurat to state where and when oath is taken

[1889/5]
Every Commissioner for Oaths 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.
4 [Repealed]
4

5 Administration of oaths under conventions

Any officer of the court or other person directed to take the examination of any
witness or person, or any person nominated or appointed to take the
examination of any witness or person pursuant to the provisions of any
convention now made, or which may hereafter be made by Her Majesty’s
Government with any foreign country, may administer oaths in the Isle of Man.
6 [Amends section 40 of the Evidence Act 1871.]

7 Interpretation

[1889/11]
In this Act, unless the context otherwise requires —
“oath
” includes affirmation and declaration;
“affidavit
” includes affirmation, statutory or other declaration,
acknowledgement, examination or attestation;5

“swear
” includes affirm, declare or protest.
8 [Repealed]
6

9 Short title and commencement

(1) This Act may be cited as the Commissioners for Oaths Act, 1962.
(2) This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald and a certificate thereof
has been signed by the Governor and the Speaker of the House of Keys.
Commissioners for Oaths Act 1962 Schedule



c AT 2 of 1962 Page 7

SCHEDULE
7

Commissioners for Oaths Act 1962 Endnotes


c AT 2 of 1962 Page 9

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Transfer of Governor’s Functions Act 1992 Sch 1. 2
Subs (2) amended by Statute Law Revision Act 1997 Sch 2. 3
Subs (2) amended by Transfer of Governor’s Functions Act 1992 Sch 1. 4
S 4 repealed by Statute Law Revision Act 1997 Sch 2. 5
Definition of “affidavit” amended by Statute Law Revision Act 1997 Sch 1. 6
S 8 repealed by Statute Law Revision Act 1983 Sch 2. 7
Sch repealed by Statute Law Revision Act 1983 Sch 2.