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Fort Havoc (Wallace Hale)

The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. IX.

An ACT for amending the Laws of Evidence in certain cases.

Passed 10th February, 1829.

Preamble

WHEREAS it is expedient that Quakers and Moravians should be allowed to give evidence upon their solemn affirmation in all cases, criminal as well as civil; and that in prosecutions for Forgery the party interested should be rendered a competent witness;

Quakers or Moravians giving evidence permitted to make solemn affirmation or declaration.

Affirmation to have the same effect as an oath.

Persons affirming falsely guilty of perjury.

I. Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That every Quaker or Moravian, who shall be required to give evidence in any case whatsoever, criminal or civil, shall, instead off taking an oath in the usual form, be permitted to make his or her solemn affirmation or declaration in the words following: that is to say, "I, A. B. do solemnly, sincerely, and truly declare and affirm;" which said affirmation or declaration shall be of the same force and effect, in all Courts of Justice and other places where, by Law an oath is required, as if such Quaker or Moravian had taken an oath in the usual form; and if any person making such affirmation or declaration, shall be convicted of having wilfully, falsely and corruptly affirmed or declared any matter or thing, which, if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties and forfeitures to which persons convicted of wilful and corrupt perjury, are, or shall be subject.

In prosecutions for forgery no person to be deemed an Incompetent witness by reason of any supposed Interest.

II. And be it further enacted, That on any prosecution, by indictment or information, against any person for forging any deed, writing, instrument, or other matter whatsoever, or for uttering or disposing of any deed, writing, instrument or other matter whatsoever, knowing the same to be forged; no person shall be deemed to be an incompetent witness in support of any such prosecution by reason of any interest which such person may have, or be supposed to have, in respect of such deed, writing, instrument or other matter.

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C. 9. Anno IX. & X.. Geo. IV. A. D. 1829.

Index

Preamble		WHEREAS it is expedient that Quakers and Moravians should be allowed to give evidence upon their solemn affirmation in all cases, criminal as well as civil; and that in prosecutions for Forgery the party interested should be rendered a competent witness;
Quakers or Moravians giving evidence permitted to make solemn affirmation or declaration. Affirmation to have the same effect as an oath. Persons affirming falsely guilty of perjury.		I. Be it therefore enacted by the Lieutenant Governor, Council, and Assembly, That every Quaker or Moravian, who shall be required to give evidence in any case whatsoever, criminal or civil, shall, instead off taking an oath in the usual form, be permitted to make his or her solemn affirmation or declaration in the words following: that is to say, "I, A. B. do solemnly, sincerely, and truly declare and affirm;" which said affirmation or declaration shall be of the same force and effect, in all Courts of Justice and other places where, by Law an oath is required, as if such Quaker or Moravian had taken an oath in the usual form; and if any person making such affirmation or declaration, shall be convicted of having wilfully, falsely and corruptly affirmed or declared any matter or thing, which, if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, every such offender shall be subject to the same pains, penalties and forfeitures to which persons convicted of wilful and corrupt perjury, are, or shall be subject.
In prosecutions for forgery no person to be deemed an Incompetent witness by reason of any supposed Interest.		II. And be it further enacted, That on any prosecution, by indictment or information, against any person for forging any deed, writing, instrument, or other matter whatsoever, or for uttering or disposing of any deed, writing, instrument or other matter whatsoever, knowing the same to be forged; no person shall be deemed to be an incompetent witness in support of any such prosecution by reason of any interest which such person may have, or be supposed to have, in respect of such deed, writing, instrument or other matter.