Jersey Law 15/1963
SOLEMN AFFIRMATIONS (JERSEY) LAW, 1963.
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A LAW to
make better provision for allowing persons to make a solemn affirmation in
place of an oath, sanctioned by Order of Her Majesty in Council of the
29th day of JULY, 1963.
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(Registered on the 23rd day of August, 1963).
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STATES OF JERSEY.
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The 28th day of
March, 1963.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law : -
ARTICLE I
WHEN SOLEMN AFFIRMATION MAY BE SUBSTITUTED FOR OATH
(1) Any
person upon objecting to being sworn and stating as the ground of such
objection, either –
(a) that the taking of an
oath is contrary to his religious belief ; or
(b) that he has no
religious belief ;
shall be permitted to make his solemn affirmation instead of taking
an oath in all places and for all purposes where an oath is or shall be
required either by customary law or by any enactment whether passed before or
after the commencement of this Law.
(2) The
provisions of paragraph (1) of this Article shall apply in relation to a person
to whom it is not reasonably practicable without inconvenience or delay to
administer an oath in the manner appropriate to his religious belief as they
apply in relation to a person objecting to being sworn on either of the grounds
mentioned in that paragraph.
(3) A
person who may be permitted under this Article to make his solemn affirmation
may also be required to do so.
ARTICLE 2
FORM AND EFFECT OF SOLEMN AFFIRMATION
(1) A
solemn affirmation shall be in a form specified in the First Schedule to this
Law.
(2) A
solemn affirmation shall be of the same force and effect as if the person
making such affirmation had taken an oath, and the law rendering persons liable
to prosecution and penalties in relation to statements made under oath shall
apply accordingly.
ARTICLE 3
REPEALS
The enactments mentioned in the Second Schedule to this Law are
hereby repealed to the extent mentioned in the second column of that Schedule.
ARTICLE 4
SHORT TITLE
This Law may be cited as the Solemn Affirmations (Jersey) Law,
1963.
FIRST SCHEDULE
(Article 2(1))
FORMS OF SOLEMN AFFIRMATION
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ORAL AFFIRMATION
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“Je,
A.B déclare
et affirme solennellement,
sincèrement et en toute
vérité,
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or
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“I, A.B do solemnly, sincerely and truly declare and affirm”,
and then proceed with the words (if any) pres-cribed
by law, omitting any words of imprecation or calling to witness.
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AFFIRMATION BY WAY OF AFFIDAVIT
|
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“Je, A.B déclare solennellement
et sincèrement que
, et je fais cette déclaration, croyant en ma conscience qu’elle
est vraie.”
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or
|
|
“I, A.B do solemnly and sincerely declare
that
, and I make this solemn declaration conscientiously believing the
same to be true.”
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|
and the form in lieu of jurat shall be –
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“Affirmé à
, ce
jour de
,19
.
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Pardevant moi.”
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or
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“Affirmed
at
, this
day of ,
19
.
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Before
me.”
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SECOND SCHEDULE
(Article 3)
ENACTMENTS REPEALED
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ENACTMENT.
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EXTENT OR REPEAL.
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“Règlement sur les Affirma-tions Solennelles”,
con-firmed by Order of Her Majesty in Council of the eleventh day of
February, 1848.
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The whole.
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“Règlement relatif au nombre des Centeniers de St.-Hélier et de St.-Martin, et à l’augmentation des pouvoirs
des Officiers de Police, etc.”, confirmed by
Order of Her Majesty in Council of the twenty-ninth day of December, 1853.
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Article 10.
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“Règlement substituant, dans les cas de conscience, l’affir-mation solennelle
au serment judiciaire”,
confirmed by Order of Her Majesty in Council of the thirteenth day of May,
1869
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The whole.
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“Loi sur la Procédure
dans les Causes Civiles, Criminelles et Mixtes (Témoins et Informateurs)”,
confirmed by Order of His Majesty in Council of the first day of August,
1908.
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Paragraph (2) of Article 9.
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Probate
(Jersey) Law, 1949
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Paragraphs
(2) and (3) of Article 9.
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In Article
10, the words “or affirmation” on both occasions where those
words occur.
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In paragraph
(4) of Article 26, the words “or affirmations”.
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Family
Allowances (Jersey) Law, 1951
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In paragraph
(10) of Article 8, from the words “and the provisions of the Law”
to the end of the paragraph.
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Agricultural
Marketing (Jersey) Law, 1953
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In paragraph
(3) of Article 13, from the words “and the provisions of the Law”
to the end of the paragraph.
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National
Service (Jersey) Law, 1954
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In paragraph
(2) of Article 18, from the words “and the provisions of the Law”
to the end of the paragraph.
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Service of
Process and Taking of Evidence (Jersey) Law, 1960.
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Paragraph (2)
of Article 5.
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Income Tax
(Jersey) Law, 1961
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Article 143.
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A.D. LE
BROCQ,
Deputy Greffier of the States.