to any person to sell beer, spirits, and wine in any theatre established under a royal patent, or in any theatre or other place of public entertainment licensed by the lord chamberlain or by justices of the peace, without the production by the person applying for such licence or licences of any certificate or authority for such person to keep a common inn, alehouse, or victualling house; any thing in any Act or Acts to the contrary notwithstanding. [S. 8 rep. 37 & 38 Vict. c. 35 (S.L.R.).] CHAPTER XLI. THE GAMING ACT, 1835 (Short Titles Act, 1896). AN ACT to amend the Law relating to Securities given for Considerations arising out of gaming, usurious, and certain other illegal Transactions.1 [31st August 1835.] 1 This Act is rep. 37 & 38 Vict. c. 35 (S. L.R.), except so much of sections 1 & 2 as relates to the Acts of the ninth and eleventh years of the reign of her late Majesty Queen Anne therein recited or referred to. [Preamble recites 9 Ann. c. 19, and Irish Act 11 Ann. c. 5.] 1. SECURITIES GIVEN FOR CONSIDERATIONS ARISING OUT OF ILLEGAL TRANSACTIONS NOT TO BE VOID, BUT TO BE DEEMED TO HAVE BEEN GIVEN FOR AN ILLEGAL CONSIDERATION. Every note, bill, or mortgage which if this Act had not been passed would, by virtue of the said several lastly herein-before mentioned Acts or any of them, have been absolutely void, shall be deemed and taken to have been made, drawn, accepted, given or executed for an illegal consideration; and the said several Acts shall have the same force and effect which they would respectively have had, if, instead of enacting that any such note, bill, or mortgage should be absolutely void, such Acts had respectively provided that every such note, bill, or mortgage should be deemed and taken to have been made, drawn, accepted, given, or executed for an illegal consideration: Provided always, that nothing herein contained shall prejudice or affect any note, bill, or mortgage which. would have been good and valid if this Act had not been passed. S. 1 in part rep. 53 & 54 Vict. c. 51 (S.L.R.). 2. MONEY PAID TO THE HOLDER OF SUCH SECURITIES SHALL BE DEEMED TO BE PAID ON ACCOUNT OF THE PERSON TO WHOM THE SAME WAS ORIGINALLY GIVEN.-In case any person shall make, draw, give, or execute any note, bill, or mortgage for any consideration on account of which the same is by the herein-before recited Acts of . . the ninth and eleventh years of the reign of her said late Majesty Queen Anne, or by any one or more of such Acts, declared to be void, and such person shall actually pay to any indorsee, holder, or assignee of such note, bill, or mortgage the amount of the money thereby secured, or any part thereof, such money so paid shall be deemed and taken to have been paid for and on account of the person to whom such note, bill, or mortgage was originally given upon such illegal consideration as aforesaid, and shall be deemed and taken to be a debt due and owing from such last-named person to the person who shall so have paid such money, and shall accordingly be recoverable by action at law in any of his Majesty's courts of record. S. 2 in part rep. 37 & 38 Vict. c. 35 (S. L.R.). CHAPTER LVII. THE SAVINGS BANK ACT, 1835 (Short Titles Act, 1896). AN ACT to extend to Scotland certain Provisions of an Act of the Ninth Year of His late Majesty, to consolidate and amend the Laws relating to Savings Banks [9th September 1835.] Title in part rep. 51 & 52 Vict. c. 57 (S.L.R.). 1 This Act is rep. 26 & 27 Vict. c. 87, s. 1, with a proviso in section 68 that that Act shall not be held to repeal any of the existing statutes relating to savings banks in so far as relates to post office savings banks established or to be established under 24 & 25 Vict. c. 14, nor to repeal any of the powers and authorities vested by those Acts in the commissioners for the reduction of the national debt in regard to the control, management, investment, conversion, and regulation of the funds remitted by the trustees of savings banks or by the trustees of friendly societies to the said commissioners. Whereas it is expedient to repeal the law relative to savings banks in Scotland, and to make other provisions respecting savings banks in Scotland: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that all the clauses and provisions of a certain Act made and passed in the ninth year of the reign of his late Majesty, intituled "An Act to consoli"date and amend the laws relating to savings banks," and also of a certain other Act made and passed in the third year of the reign of his present Majesty, intituled “An "Act to enable depositors in savings banks and others to purchase government “annuities through the medium of savings banks, and to amend an Act of the ninth year of his late Majesty to consolidate and amend the laws relating to savings "banks," shall from and after the passing of this Act extend to Scotland. [Ss. 2, 3, 5 rep. 37 & 38 Vict. c. 35 (S.L.R.). S. 4 rep. 50 & 51 Vict. c. 40, s. 11.] CHAPTER LVIII. THE CROWN LANDS (SCOTLAND) ACT, 1835 (Short Titles Act, 1896). AN ACT to amend the Acts relating to the Hereditary Land Revenues of the Crown in Scotland. [9th September 1835.] [Preamble recites 6 Geo. 4, c. 17, 10 Geo. 4, c. 50, 2 & 3 Will. 4, c. 1, 2 & 3 Will. 4, c. 112, and 3 & 4 Will. 4, c. 69, and doubts as to powers of Treasury thereunder.] 1. POWERS AS TO RIGHTS OF CROWN IN SCOTLAND AS ULTIMUS HÆRES, &C. VESTED IN THE TREASURY.—All powers and authorities for the ascertaining and recovering, and for the management, superintendence, and care of all rights and interests of his Majesty, in right of his crown, in Scotland, as ultimus hæres, or in cases of bastardy, or by reason of any forfeiture whatsoever, shall be and are hereby declared to be vested in the Treasury, in the same manner and to the same extent as such powers and authorities were vested in the Treasury prior to the passing of any of the said recited Acts; any thing in the said Acts or either of them to the contrary notwithstanding. [S. 2 rep. 37 & 38 Vict. c. 35 (S.L.R.). Ss. 3–5 rep. 57 & 58 Vict. c. 43, s. 5 (1).] CHAPTER LXII. AN ACT THE STATUTORY DECLARATIONS ACT, 1835 (Short Titles Act, 1896). to make Provisions for the Abolition of unnecessary Oaths. [9th September 1835.] Title in part rep. 51 & 52 Vict. c. 57 (S.L. R.). [Preamble rep. 51 & 52 Vict. c. 57 (S.L.R). S. 1 rep. 37 & 38 Vict. c. 35 (S.L.R.).] 2. TREASURY MAY SUBSTITUTE A DECLARATION IN LIEU OF AN OATH, &C. IN CERTAIN CASES.-In any case where by any Act or Acts made or to be made relating to the revenues of customs or excise, the post office, the office of stamps and taxes, the office of woods and forests, land revenues, works, and buildings, the war office, the army pay office, the office of the treasurer of the navy, the accountant general of the navy, or the ordnance, his Majesty's Treasury, Chelsea Hospital, Greenwich Hospital, the Board of Trade, or any of the offices of his Majesty's principal secretaries of state, the India board, the office for auditing the public accounts, the national debt office, or any office under the control, direction, or superintendence of the Treasury, or by any official regulation in any department, any oath, solemn affirmation, or affidavit might, but for the passing of this Act, be required to be taken or made by any person on the doing of any act, matter, or thing, or for the purpose of verifying any book, entry, or return or for any other purpose whatsoever, it shall be lawful for the Treasury, if they shall so think fit, by writing under their hands and seals, to substitute a declaration to the same effect as the oath, solemn affirmation, or affidavit, which might but for the passing of this Act be required to be taken or made; and the person who might under the Act or Acts imposing the same be required to take or make such oath, solemn affirmation, or affidavit, shall, in presence of the commissioners, collector, other officer or person empowered by such Act or Acts to administer such oath, solemn affirmation, or affidavit, make and subscribe such declaration; and every such commissioner, collector, other officer or person, is hereby empowered and required to administer the same accordingly. 3. COPY OF INSTRUMENT SUBSTITUTING DECLARATION SHALL BE PUBLISHED IN THE GAZETTE; AND AFTER 21 DAYS FROM THE DATE THEREOF THE PROVISIONS OF THIS ACT SHALL APPLY.—When the lords commissioners of his Majesty's Treasury shall, in any such case as herein-before mentioned, have substituted in writing under their hands and seals a declaration in lieu of an oath, solemn affirmation, or affidavit, such lords commissioners shall, so soon as conveniently may be, cause a copy of the instrument substituting such declaration to be inserted and published in the London Gazette; and from and after the expiration of twenty-one days next following the day of the date of the gazette, wherein the copy of such instrument shall have been published, the provisions of this Act shall extend and apply to each and every case specified in such instrument, as well and in the same manner as if the same were specified and named in this Act. 4. AND NO OATH SHALL BE ADMINISTERED FOR WHICH SUCH DECLARATION HAS BEEN SUBSTITUTED.—After the expiration of the said twenty-one days it shall not be lawful for any commissioner, collector, officer, or other person to administer or cause to be administered, or receive or cause to be received, any oath, solemn affirmation, or affidavit, in the lieu of which such declaration as aforesaid shall have been directed by the Treasury to be substituted. 5. MAKING FALSE DECLARATION IN MATTERS RELATING TO CERTAIN REVENUES A MISDEMEANOR.—If any person shall make and subscribe any such declaration as hereinbefore mentioned in lieu of any oath, solemn affirmation, or affidavit by any Act or Acts relating to the revenues of customs or excise, stamps and taxes, or post office, required to be made on the doing of any act, matter, or thing, or for verifying any book, account, entry, or return, or for any purpose whatsoever, and shall wilfully make therein any false statements as to any material particular, the person making the same shall be deemed guilty of a misdemeanor. 6. OATH OF ALLEGIANCE STILL TO BE REQUIRED IN ALL CASES.-Provided always, that nothing in this Act contained shall extend or apply to the oath of allegiance in any case in which the same now is or may be required to be taken by any person who may be appointed to any office; but that such oath of allegiance shall continue to be required, and shall be administered and taken, as well and in the same manner as if this Act had not been passed. 7. OATHS IN COURTS OF JUSTICE, &C. STILL TO BE TAKEN.-Provided also, that nothing in this Act contained shall extend or apply to any oath, solemn affirmation, or affidavit, which now is or hereafter may be made or taken, or be required to be made or taken, in any judicial proceeding in any court of justice, or in any proceeding for or by way of summary conviction before any justice or justices of the peace; but all such oaths, affirmations, and affidavits shall continue to be required, and to be administered, taken, and made, as well and in the same manner as if this Act had not been passed. 8. UNIVERSITIES OF OXFORD AND CAMBRIDGE AND OTHER BODIES MAY SUBSTITUTE DECLARATIONS FOR OATHS.-It shall be lawful for the universities of Oxford and S.S.R. II. 23 353 Cambridge, and for all other bodies corporate and politic, and for all bodies now by law or statute or by any valid usage authorized to administer or receive any oath, solemn affirmation, or affidavit, to make statutes, byelaws, or orders authorizing and directing the substitution of a declaration in lieu of any oath, solemn affirmation, or affidavit now required to be taken or made: Provided always, that such statutes, byelaws, or orders be otherwise duly made and passed according to the charter, laws, or regulations of the particular university, other body corporate and politic, or other body so authorized as aforesaid. 9. CHURCHWARDEN'S AND SIDESMAN'S OATH ABOLISHED, AND A DECLARATION SUBSTITUTED. [Recital as to oath of office at present required to be taken by churchwarden and sidesman.] In future every person entering upon the office of churchwarden or sidesman, before beginning to discharge the duties thereof, shall, in lieu of such oath of office, make and subscribe, in the presence of the ordinary or other person before whom he would, but for the passing of this Act, be required to take such oath, a declaration that he will faithfully and diligently perform the duties of his office, and such ordinary or other person is hereby empowered and required to administer the same accordingly: Provided always, that no church warden or sidesman shall in future be required to take any oath on quitting office as has heretofore been practised. 10. DECLARATIONS SUBSTITUTED FOR OATHS AND AFFIDAVITS BY PERSONS ACTING UNDER HIGHWAYS ACTS, &c.-In any case where, under any Act or Acts for making, maintaining, or regulating any highway, or any road, or any turnpike road, or for paving, lighting, watching, or improving any city, town, or place, or touching any trust relating thereto, any oath, solemn affirmation, or affidavit might, but for the passing of this Act, be required to be taken or made by any person whomsoever, no such oath, solemn affirmation, or affidavit shall in future be required to be or be taken or made, but the person who might under the Act or Acts imposing the same be required to take or make such oath, solemn affirmation, or affidavit shall, in lieu thereof, in the presence of the trustee, commissioner, or other person before whom he might under such Act or Acts be required to take or make the same, make and subscribe a declaration to the same effect as such oath, solemn affirmation, or affidavit; and such trustee, commissioner, or other person is hereby empowered and required to administer and receive the same. [S. 11 rep. 46 & 47 Vict. c. 57, s. 113.] 12. DECLARATIONS SUBSTITUTED FOR OATHS AND AFFIDAVITS REQUIRED BY ACTS AS TO PAWNBROKERS-PENALTIES AS TO SUCH OATHS, &C. TO APPLY TO DECLARATIONS.-Where by any Act or Acts at the time in force for regulating the business of pawnbrokers any oath, affirmation, or affidavit might, but for the passing of this Act, be required to be taken or made, the person who by or under such Act or Acts might be required to take or make such oath, affirmation, or affidavit, shall in lieu thereof make and subscribe a declaration to the same effect; and such declaration shall be made and subscribed at the same time, and on the same occasion, and in the presence of the same person or persons, as the oath, affirmation, or affidavit, in lieu whereof it shall be made and subscribed, would by the Act or Acts directing or requiring the same be directed or required to be taken or made; and all and every the enactments, provisions, and penalties contained in or imposed by any such Acts or Acts, as to any oath, affirmation, or affidavit thereby directed or required to be taken or made, shall extend and apply to any declaration in lieu thereof, as well and in the same manner as if the same were herein expressly enacted with reference thereto. 13. JUSTICES, &C. NOT TO ADMINISTER OATHS, &C. TOUCHING MATTERS WHEREOF THEY HAVE NO JURISDICTION BY STATUTE-PROVISO AS TO CERTAIN OATHS.-[Recital as to practice of administering and receiving oaths and affidavits voluntarily taken and made in matters not the subject of any judicial inquiry, &c.] It shall not be lawful for any justice of the peace or other person to administer or cause or allow to be administered, or to receive or cause or allow to be received, any oath, affidavit, or solemn affirmation, touching any matter or thing whereof such justice or other person hath not jurisdiction or cognizance by some statute in force at the time being: Provided always, that nothing herein contained shall be construed to extend to any oath, affidavit, or solemn affirmation before any justice in any matter or thing touching the preservation of the peace, or the prosecution, trial, or punishment of offences, or touching any proceedings before either of the Houses of Parliament or any committee thereof respectively, nor to any oath, affidavit, or affirmation which may be required by the laws of any foreign country to give validity to instruments in writing designed to be used in such foreign countries respectively. 14. DECLARATIONS SUBSTITUTED FOR OATHS AND AFFIDAVITS REQUIRED BY BANK OF ENGLAND ON THE TRANSFER OF STOCK.-In any case in which it has been the usual practice of the Bank of England to receive affidavits on oath to prove the death of any proprietor of any stocks or funds transferable there, or to identify the person of any such proprietor, or to remove any other impediment to the transfer of any such stocks or funds, or relating to the loss, mutilation, or defacement of any bank note or bank post bill, no such oath or affidavit shall in future be required to be taken or made, but in lieu thereof the person who might have been required to take or make such oath or affidavit shall make and subscribe a declaration to the same effect as such oath or affidavit. 15. DECLARATIONS SUBSTITUTED FOR ОATHS AND AFFIDAVITS REQUIRED BY 5 GEO. 2, c. 7, AND 54 GEO. 3, c. 15.-[Recital of 5 Geo. 2, c. 7, and 54 Geo. 3, c. 15] In any action or suit brought or intended to be brought in any court of law or equity within any of the territories, plantations, colonies, or dependencies abroad, being within and part of his Majesty's dominions, for or relating to any debt or account, wherein any person residing in Great Britain and Ireland shall be a party, or for or relating to any lands, tenements, or hereditaments or other property situate, lying, and being in the said places respectively, it shall and may be lawful to and for the plaintiff or defendant, and also to and for any witness to be examined or made use of in such action or suit, to verify or prove any matter or thing relating thereto by solemn declaration or declarations in writing in the form in the schedule hereunto annexed, made before any justice of the peace, notary public, or other officer now by law authorized to administer an oath, and certified and transmitted under the signature and seal of any such justice, notary public duly admitted and practising, or other officer; which declaration, and every declaration relative to such matter or thing as aforesaid, in any foreign kingdom or state, or to the voyage of any ship or vessel, every such justice of the peace, notary public, or other officer shall be and he is hereby authorized and empowered to administer or receive; and every declaration so made, certified, and transmitted, shall in all such actions and suits be allowed to be of the same force and effect, as if the person or persons making the same had appeared and sworn or affirmed the matters contained in such declaration vivâ voce in open court, or upon a commission issued for the examination of witnesses or of any party in such action or suit respectively; provided that in every such declaration there shall be expressed the addition of the party making such declaration and the particular place of his or her abode. 16. DECLARATION IN WRITING SUFFICIENT TO PROVE EXECUTION OF ANY WILL, CODICIL, &c.-It shall and may be lawful to and for any attesting witness to the execution of any will or codicil, deed or instrument in writing, and to and for any other competent person, to verify and prove the signing, sealing, publication, or delivery of any such will, codicil, deed, or instrument in writing, by such declaration in writing made as aforesaid; and every such justice, notary, or other officer shall be and is hereby authorized and empowered to administer or receive such declaration. 17. CROWN DEBTS IN SUITS ON BEHALF OF HIS MAJESTY TO BE PROVED BY DECLARATION. In all suits now depending or hereafter to be brought in any court of law or equity by or in behalf of his Majesty, in any of his said Majesty's territories, plantations, colonies, possessions, or dependencies, for or relating to any debt or account, his Majesty shall and may prove his debts and accounts and examine his witness or witnesses by declaration, in like manner as any subject or subjects is or are empowered or may do by this present Act. 18. VOLUNTARY DECLARATION IN THE FORM IN THE SCHEDULE MAY BE TAKEN MAKING FALSE DECLARATION A MISDEMEANOR. [Recital] It shall and may be lawful for any justice of the peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule to this Act annexed; and if any declaration so made shall be false or untrue in any material particular, the person wilfully making such false declaration shall be deemed guilty of a misdemeanor. 19. FEES PAYABLE ON OATH SHALL BE PAID ON DECLARATIONS SUBSTITUTED IN LIEU THEREOF.-Whenever any declaration shall be made and subscribed by any person or |