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31 VICT. CAP. 38.
An Act respecting Inquiries concerning Public
[Assented to 22nd May, 1868.] LJER Majesty, by and with the advice and consent of the Preamble.
1 Senate and House of Commons of Canada, enacts as follows:
1. Whenever the Governor in Council deems it expedient to Governor in
on Council may cause inquiry to be made into and concerning any matter con- com nected with the good government of Canada, or the conduct of commissioners any part of the Public business thereof, and such inquiry is appoi
make in quiry not regulated by any special Law, the Governor may, by the in public matCommission in the case, confer upon the Commissioners or ter, power to
examine on persons by whom such inquiry is to be conducted, the power oath, &c. of summoning before them any party or witnesses, and of requiring them to give evidence on oath, orally or in writing, (or on solemn affirmation if they be parties entitled to affirm in civil matters) and to produce such documents and things as such Commissioners deem requisite to the full investigation of the matters into which they are appointed to examine.
2. The Commissioner or Commissioners shall then have the power to com.
missioners to same power to enforce the attendance of such witnesses and to compe compel them to give evidence, as is vested in any Court of Law dance of witin Civil cases; and any wilfully false statement made by any such witness on oath or solemn affirmation, shall be a misdemeanour punishable in the same manner as wilful and corrupt perjury ; but no such party or witness shall be compelled to answer any question, by his answer to which he might render er himself liable to a criminal prosecution.
C. S. CAN. CAP. 12.
An Act respecting the Commissions of Public
Officers, and the Oaths of Office and Security to be taken and given by them.
• This Act is superseded, as regards the Dominion, by 31 V. caps. 36 and 37 (Dom.), except the following section :
NO RELIGIOUS TEST REQUIRED.
No person 7. It shall not be necessary for any person for the purpose
take the Sacrament as
he of qualifying himself to hold office in this Province, or for any a qualification other temporal purpose, privilege or advantage whatsoever for any office. within the same,-to receive the Sacrament of the Lord's Sup
per according to the rites or usages of the Church of England, Ity in: or to deliver a certificate or make proof of his having received curred for not taking it. the said Sacrament in manner aforesaid ;—And no person shall
within this Province, be subject to any penalty, forfeiture, incapacity or disability whatsoever, for or by reason of his not having so taken or received the said Sacrament.
31 VICT. CAP. 36.
An Act respecting Commissions, and Oaths of Allegiance and of Office.
[Assented to 22nd May, 1868.]
ITER Majesty, by and with the advice and consent of the 11 Senate and House of Commons of Canada, enacts as follows:
on demise o
Proclamation 1. Upon the demise of the Crown, it shall not be necessary substituted for renewal of *** to renew any commission by virtue whereof any Officer of Cancommissions, ada or any Functionary in Canada held his office or profession
during the previous Reign; but a Proclamation shall be issued the crown.
by the Governor, authorizing all persons in office as Officers of Canada who held commissions under the late Sovereign, and all Functionaries who exercised any profession by virtue of any
such Commissions to continue in the due exercise of their reOath of Allegiance to be spective duties, functions and professions; and such Proclamtaken. ation shall suffice, and the incumbents shall, as soon thereafter
as may be, take the usual and customary oath of Allegiance, as hereinafter prövided, before the proper officer or officers thereunto appointed :
Effect of such Proclamation.
2. And such Proclamation being issued, and oath taken, each and every such Officer of Canada and Functionary shall continue in the lawful exercise of the duties and functions of his office or profession, as fully as if appointed de novo by commission derived from the Sovereign for the time being; and all acts and things bona fide done and performed by such incumbents in their respective offices, and in the due and faithful per
31 VICT. C. 36.] COMMISSIONERS, OATHS OF ALLEGIANCE, ETC.
formance of their duties, functions and professions, between the time of such demise and the Proclamation so to be issued (such Oath of Allegiance being always duly taken), shall be deemed to be legally done, and valid accordingly.
2. Nothing in the preceding section shall prejudice or in any- Rights of the
Crown saved. wise affect the rights or prerogative of the Crown, with respect to any office or appointment derived or held by authority from it, nor prejudice or affect the rights or prerogatives thereof in any other respect whatsoever.
OATHS OF ALLEGIANCE AND OF OFFICE.
3Of Allegiance, who eitherrem
3. The following form and no other, shall be that of the Form of oath Oath of Allegiance to be administered to and taken by every prescribed. person in Canada, who either of his own accord or in compliance with any lawful requirement made on him, or in obedience to the directions of this Act or of any other Act or law in force in Canada, save and except the “British North America Act, 1867,” desires to take an Oath of Allegiance, that is to say :
“I, A. B., do sincerely promise and swear that I will be The form. “ faithful and bear true Allegiance to Her Majesty Queen Vic“toria (or reigning Sovereign for the time being), as lawful Sov“ ereign of the United Kingdom of Great Britain and Ireland, "and of this Dominion of Canada, dependent on and belonging " to the said Kingdom, and that I will defend Her to the utmost “ of my power against all traitorous conspiracies or attempts 6 whatever, which shall be made against Her Person, Crown “and Dignity, and that I will do my utmost endeavour to dis“close and make known to Her Majesty, Her Heirs or Sub“cessors, all treasons or traitorous conspiracies and attempts so which I shall know to be against Her or any of them; and all “this I do swear without any equivocation, mental evasion or “secret reservation. So help me God.”
And all Magistrates and other Officers lawfully authorized, Who may adeither by virtue of their office or special commission from the minister it. Crown for that purpose, may administer the oath of Allegiance under this Act in any part of Canada; and it shall not be ne-,
anu 10 Son no De 10- No other decessary for any person appointed to any civil office in Canada, or claration or for any Mayor or other officer or member of any corporation subscription therein, or for any person admitted, called or received as a Barrister, Advocate, Notary Public, Attorney, Solicitor or Proctor, to make any declaration or subscription, or to take or subscribe any other oath than the oath aforesaid, and also such oath for the faithful performance of the duties of his office, or Oath of Office for the due exercise of his profession or calling as is required to be taken. by any law in that behalf.
4. The Oath of Allegiance hereinbefore set forth, together time the oaths with the Oath of Office or oath for the due exercise of any promust be taken.
fession or calling, shall be taken within the period and in the manner, and subject to the disabilities and penalties for the omission thereof, by law provided with respect to such Oaths, in all such cases respectively.
AFFIRMATION OF ALLEGIANCE.
Affirmation of 5. All persons allowed by law to affirm instead of swearing Allegiance in civil cases in any part of Canada shall be received to take an may be substituted for
affirmation of allegiance in the like terms, mutatis mutandis as the said Oath of Allegiance; and such affirmation of allegiance, taken before the proper officer, shall in all cases be accepted from such persons in lieu of such oath, and shall as to such affirmants have the like effect as the said Oath of Allegiance; all Magistrates and other officers lawfully authorized either by virtue of their office or by special Commission from the Crown for that purpose may administer the affirmation of allegiance in any part of Canada.
31 VICT. CAP. 37.
An Act respecting the security to be given by Officers
[Assented to 22nd May, 1868.]
TER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:
1. This section was temporary and required certain Bonds to be given within six months after the passing of this Act.
Bonds, with 2. Every person appointed after the passing of this Act, tosureties, to be any civil office or employment, or commission in any public given by persong hereafter department of the Government of Canada, or to any office or appointed to employment of public trust, or wherein he is concerned in the certain public offices.
collection, receipt, disbursement or expenditure of any public money under the Government of Canada, and who by reason thereof is required to give security, with surety or sureties, or otherwise shall, within one month after notice of such appointment, if he is then in Canada, or within three months if he is then absent from Canada, (unless he sooner arrives in Canada, and then within one month after such arrival), give and enter
into a bond or bonds, or other security or securities in such sum, and with such sufficient surety or sureties as may be approved of by the Governor, or by the principal officer or person in the office or department to which he is appointed, for the due performance of the trust reposed in him, and for his duly accounting for all public moneys intrusted to him, or placed under his control.
For Form of Bond see post 35 V. c. 19, page 192.
3. By 33 V. c. 5, sec. 1, post, page 190, the first sub-section of this section was repealed and the following substituted :
Bonds how “ Every surety in any such Bond shall make the affidavit in the Form A attested and hereunto annexed, or to the effect thereof, before a Justice of the Peace,
rce, corded, &c. and every such Bond or Security shall be proved as to the due execution and delivery of the same, by an affidavit of the attesting witness, made before a Justice of the Peace, and every such Bond or Security, with the several affidavits thereunto annexed, shall be recorded at full length in the Department of the Secretary of State of Canada in the manner hereinafter mentioned ; and the original Bond or Security, and the affidavits thereunto annexed, shall forthwith, after such registration, be deposited in the Department of the Minister of Finance."
A Further form of affidavit of the Surety is given in 35 V. c. 19. post, page 194.
2. And every such bond or security, and the affidavits there- Time within to annexed, shall be recorded and deposited as aforesaid, with- which it is to in one month after being entered into or given, if the person on
n be done. whose behalf it is entered into or given resides or is in Canada ; and if he is absent from Canada, then within three months after being entered into or given, unless such person arrives sooner in Canada, and then within one month after such arrival.
4. The Secretary of State of Canada, shall make an entry, Entry of bond and shall, if required, give a certificate in writing, under his a
thereof, by hand and seal, of every such bond or security brought to him Secretary of to be registered as aforesaid, and therein shall mention the State. day on which such bond or security is so registered, expressing also in what book, page or number the same is recorded :
2. For the purpose of so registering bonds or securities Separate book under this Act, the Secretary of State of Canada shall provide the
Vue the purpose. a separate Register Book, every page of which, and every bond or security recorded therein, shall be numbered; and the day of the month and year when every such bond or security is registered, shall be entered in the margin of the said Register Book, and in the margin of the bond or security ; Provided Proviso: as to
effect of bond always, that no bond or security given by any person under as a lien. this Act, to Her Majesty, Her Heirs or Successors, shall constitute any other or greater lien or claim upon the lands or tenements, goods or chattels of such person, than if such bond had been given to one of Her Majesty's subjects;