54-101. Officers authorized to administer oaths. Notaries public, judges of courts in their respective jurisdictions, mayors of cities and towns in their respective cities and towns, clerks of courts of record, county clerks, and registers of deeds, are hereby authorized to administer oaths pertaining to all matters wherein an oath is required.
History: G.S. 1868, ch. 72, § 1; R.S. 1923, 54-101; L. 1973, ch. 134, § 46; July 1, 1974.
Law Review and Bar Journal References:
Note on perjury in Kansas, 13 W.L.J. 479, 488 (1974).
Attorney General's Opinions:
Petition form and election to exclude county from legislative act. 90-64.
Formation of watershed districts; elections; qualified voters. 94-36.
Property tax amnesty; sufficiency of affidavit. 94-84.
Uniform electronic transaction act does not authorize the use of unsworn electronic digitally signed complaint or supporting affidavit; court rule exception. 2008-4.
CASE ANNOTATIONS
1. Affidavit may be sworn to before a register of deeds. Thompson v. Higginbotham, 18 Kan. 42.
2. Acts of justice of the peace outside his township void. A.T.& S.F. Rld. Co. v. Rice, 36 Kan. 593, 598, 14 P. 229.
3. Affidavit sworn to before notary, attorney for affiant, only voidable. Swearingen v. Howser, 37 Kan. 126, 14 P. 436.
4. Justice of peace may administer oath; effect of omitting jurat on criminal complaint. State v. Jones, 125 Kan. 147, 148, 264 P. 40.
5. Indictment for perjury; allegations as to administration of oath held sufficient. State v. Osborne, 172 Kan. 596, 598, 241 P.2d 506.
6. Failure to verify chemical test refusal report on oath (K.S.A. 8-1001) prior to 1985 amendment invalidated challenged suspension. Dewey v. Kansas Dept. of Revenue, 11 Kan. App. 2d 72, 73, 713 P.2d 490 (1986).
7. Pursuant hereto, K.S.A. 22-2202 permits a complaint to be sworn to before anyone authorized to administer oaths. State v. Lieurance, 14 Kan. App. 2d 87, 88, 782 P.2d 1246 (1989).
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