§ '.—(1) Every justice shall have power to administer any oath or take any affidavit which is required for the purposes of an application for a grant of probate or letters of administration made in any non-contentious or common form probate business.
§ (2) A justice before whom any oath or affidavit is taken or made under this section shall state in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.
532§ (3) No justice shall exercise the powers conferred by this section in any proceedings in which he is interested.
§ (4) A document purporting to be signed by a justice administering an oath or taking an affidavit shall be admitted in evidence without proof of the signature and without proof that he is a justice.
§ (5) In this section—
- "affidavit" has the same meaning as in the Commissioners for Oaths Act 1889;
- "justice" means a justice of the peace;
- "letters of administration" includes all letters of administration of the effects of deceased persons, whether with or without a will annexed, and whether granted for general, special or limited purposes; and
- "non-contentious or common form probate business" has the same meaning as in section 128 of the Supreme Court Act 1981.'.—[The Solicitor-General.]
§ Brought up, and read the First time.
§ The Solicitor-GeneralI beg to move, That the clause be read a Second time.
New clause 17 enables justices of the peace to administer oaths or take affidavits in non-contentious probate proceedings. It provides that the justices must state in the jurat when and where the oath or affidavit was taken or made.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.