Do Commissioners for Oath really have powers?
Part V is all about this power of the Commissioners for Oath.
Subject to any limitations expressed in their appointments,Commissioners for Oath may do all or any of the following:
(a) Receive acknowledgements of married woman in all cases where acknowledgements are required by law to be taken before a public officer
(b)Receive acknowledgements or recognizances of bail and bail-bonds.
(c)Administer oaths for
(i)justification of bail
(ii)taking any affidavit or affirmation
(iii)Receive and take the answer,plea,demurrer,disclaimer,allegation or examination of any party or parties to any action
(iv)the examination of any witnesses upon any interrogation or de bene esse or in chief or on any other occasion
(v)Swearing executors and administrators
(vi)swearing persons in any action,matter or proceeding which is pending or about to be instituted in any court
(vi)take and receive any statutory declarations
There is this proviso you need to take note.
Commissioners of Oath who are advocates and solicitors cannot exercise the functions specified in paragraphs (a) to (d) in respect of any person who is involved in any court proceedigns represented by such advocate and solicitor or his firm.
Rule 12 list the functions of Commissioners of Oath that are public officers or other persons appointed as Commissioners. They may do all or any of the functions below.
(a) Administer oaths for-
(i) the justification of bail
(ii) taking nay affidavit or affirmation
(iii)swearing executors and administrators
(iv)swearing persons in any action,matter or proceeding which is pending or about to be instituted in any court
(v)take and receive statutory declarations
Again, take note of this proviso.
A public officer or other person who is a Commissioner shall not exercise any of the functions specified in paragraphs (a) and (b) in respect of any document prepared by him.
So, there you have it. It looks more functional than having power,don't you think?
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