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EVIDENCE (IRELAND) ACT 1815
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CHAPTER CLVII.
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An Act for the better Examination of Witnesses in the Courts of Equity in Ireland, and for empowering the Courts of Law and Equity in Ireland to Grant Commissions for taking Affidavits in all Parts of Great Britain. [11th July 1815.]
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[Preamble.]
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Lord chancellor of Ireland may appoint persons to examine witnesses and take answers and affidavits, &c. of persons in England and Scotland as to suits depending in the Court of Chancery in Ireland.
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1. It shall be lawful for the lord high chancellor of Ireland or other person or persons having the custody of the great seal of Ireland for the time being to appoint and they are hereby respectively authorized and empowered to appoint one or more fit and proper person and persons to swear and examine in England and Scotland witnesses who shall be produced before such person or persons in England or Scotland to be sworn and examined in suits depending in the Court of Chancery in Ireland as a court of equity, and to take in England or Scotland answers, pleas, and demurrers of defendants in such suits, and affidavits of parties and others in such suits, in such and the same manner as the masters in ordinary of the said Court of Chancery may swear and the examiner of the said court may examine such witnesses, and as the said masters may take such answers, pleas and demurrers, and such affidavits, according to the practice of the said court.
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Lord treasurer chancellor, and barons of the Exchequer in Ireland may appointpersons for the same purpose as to suits in equity in the Court of Exchequer in Ireland.
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2. It shall be in like manner lawful for the lord treasurer, chancellor, and barons of His Majesty's Court of Exchequer in Ireland for the time being, or any two or more of them, whereof the lord treasurer, chancellor, or lord chief baron for the time being shall be one, to appoint, and they are hereby respectively authorized and empowered to appoint, one or more fit and proper person and persons to swear and examine in England or Scotland witnesses who shall be produced before such person or persons in England or Scotland to be sworn and examined as witnesses in suits depending in the said Court of Exchequer in Ireland as a court of equity, and to take in England or Scotland answers, pleas, and demurrers of defendants in such suits, and to take affidavits of parties and others on suits depending in the said Court of Exchequer of Ireland as a court of law or of equity, in such and the same manner as the barons of the said court may swear and may examine such witnesses, and as the said barons may take such answers, pleas, and demurrers, and such affidavits, according to the practice of the said court.
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Lord chancellor, &c. to regulate the fees and travelling charges of the commissioners appointed under this Act.
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3. The lord high chancellor, lord keeper, or lords commissioners for the custody of the great seal of Ireland, the master of the rolls, and the judges of the courts of King's Bench and Common Pleas, and the barons of the Exchequer, or five or more of them, of whom the lord high chancellor or lord keeper for the time being, the chief justice of the King's Bench, the chief justice of the Common Pleas, or the chief baron of the Exchequer shall be one, shall from time to time order and direct the fees to be taken by the several commissioners to be appointed under the authority of this Act, exclusive of travelling charges and expences when any such commissioner shall be required to travel from his place of abode for any of the purposes of this Act; and shall also from time to time order and direct the rates to be taken for such travelling charges and expences.
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Title and powers of the persons so appointed.
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4. The person or persons so to be appointed by the courts of Chancery and Exchequer in Ireland respectively shall hold such offices during the pleasure of the court so appointing them, and shall be deemed and taken to be officers of the said court, and shall be called extraordinary commissioners thereof for the purposes aforesaid; and such extraordinary commissioners respectively shall have full power and authority to summon persons to attend them respectively, at such times and places as they shall respectively appoint, to be sworn and examined as witnesses in suits depending in the courts so appointing them, in the same manner as commissioners appointed by special commission by such courts respectively may examine such witnesses.
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The persons so appointed shall take the oath hereafter prescribed.
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5. Every person who shall be appointed an extraordinary commissioner under the authority of this Act shall, previous to entering upon the duties of such office, take the oath of office herein-after mentioned and prescribed; which oath shall be taken by every such officer as shall be appointed by the Court of Chancery of Ireland to such duty in England before one of the masters in ordinary of the Court of Chancery of England, or other person in England appointed by the Court of Chancery of England to take affidavits in said court, who are hereby respectively empowered and required to administer the same; which oath shall in like manner be taken by every such officer as shall be appointed by the Court of Chancery of Ireland to such duty in Scotland before one of the lords of the sessions in Scotland, or other person or persons lawfully authorized to take affidavits in the said court, who are hereby respectively empowered and required to administer the same; which oath shall in like manner be taken by every such officer as shall be appointed by the Court of Exchequer of Ireland to such duty in England before one of the barons of the Court of Exchequer of England, or other person in England appointed by the Court of Exchequer of England to take affidavits in said court, who are hereby respectively empowered and required to administer the same; and which oath shall in like manner be taken by every such officer as shall be appointed by the Court of Exchequer of Ireland to such duty in Scotland before one of the barons of the Court of Exchequer of Scotland, or other person in Scotland appointed by the Court of Exchequer of Scotland to take affidavits in said court, who are hereby respectively empowered and required to administer the same; and every oath so to be taken shall be, immediately after the same hath been taken, transmitted by the officer so taking the same to the proper officer for filing affidavits in the court by which such person has been appointed such extraordinary commissioner, who shall, upon receipt thereof, file and preserve the same in such manner as other affidavits made in said court are filed and preserved in his office.
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Form of oath.
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6. The oath to be taken in manner before mentioned shall be in the form following:
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‘I do solemnly and sincerely swear, that I will duly and faithfully, and to the best of my skill and power, execute the office of an extraordinary commissioner of the court of of in, for the purposes mentioned in an Act passed in the year of the reign of his Majesty King George the Third, intituled “An Act for the better examination of witnesses in the courts of equity in Ireland, and for empowering the courts of law and equity in Ireland to grant commissions for taking affidavits in all parts of Great Britain,” and shall in every respect to the best of my knowledge conform to the rules and orders of the said court and provisions of the said Act. So help me GOD.’
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Courts of Chancery and Exchequer in Ireland shall make orders touching the conduct of such officers, &c.
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7. The courts of Chancery and Exchequer of Ireland respectively shall from time to time make such general or particular orders touching the conduct of such their officers in their respective offices, and touching the examination of such witnesses and the taking of such answers, pleas, and demurrers, and such affidavits in their said courts respectively, and touching the transmitting the same to the said courts respectively, as to the said respective courts shall from time to time seem fit and proper.
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Persons falsely swearing before such officers to be deemed guilty of perjury.
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8. Every person who shall in England or Scotland be sworn or deponed and examined as a witness or sworn or deponed to the truth of any answer or plea or affidavits before any officer or officers who shall be appointed under the authority of this Act for taking the same, and who shall, in his or her answer plea, or affidavit, wilfully swear or depone falsely, shall be deemed guilty of perjury, and shall incur and be liable to the same pains and penalties as if such person had wilfully sworn or deponed falsely in the open court wherein the suit in which such oath was so taken then depended.
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Courts of King's Bench and Common Pleas in Ireland may appoint commissioners for taking affidavits in Great Britain; and persons swearing falsely before them shall be deemed guilty of perjury.
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9. The courts of King's Bench and Common Pleas in Ireland respectively shall have such and the same powers of granting commissions for taking affidavits in all parts of Great Britain as the courts of King's Bench and Common Pleas in Ireland respectively now have in Ireland; and all and every person and persons wilfully swearing falsely in any affidavit to be made before any person who shall be empowered to take affidavits under the authority aforesaid, shall be deemed guilty of perjury, and shall incur and be liable to the same pains and penalties as if such person had wilfully sworn falsely in the open court wherein the suit in which such affidavit was so taken at such time depended.
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