Deeds Registration Act 1839 No 9a (NSW)

No. VIII.

An Act to amend an Act inti tuled " An Act for " registering Deeds and Conveyances in New " South Wales and for other purposes " and to prevent Convicts under sentence from acting

as Conveyancers. [10th September, 1839.]

thereof made and passed in the s ix th year of the re ign of H i s Majesty	WH E R E A S South W a l e s w i th t he advice of t he Legis la t ive Council
K i n g George t h e F o u r t h in t i tu led "An Act for registering Heeds and Conveyances in New South Wales and for other purposes " has been found defective in r equ i r ing t h a t t h e memor ia l of all deeds and other i n s t r u m e n t s directed to be registered by the said recited Act shall be verified on oa th solely before one of t h e J u d g e s or the R e g i s t r a r of t h e Supreme Cour t and also in r equ i r ing t ha t the acknowledgment by a mar r i ed woman of any deed executed in New South Wales shall be made solely before a J u d g e of t h e Supreme Cour t or before a Commissioner specially appointed for t h a t purpose and whereas by reason of t he present wide ex ten t of t he said Colony a n d the inconvenience of r equ i r ing such memor ia l to be verified and such acknowledgment to be made in m a n n e r aforesaid it is expedient t o m a k e fur ther provision herein Be i t therefore enacted by H i s Excel lency the Governor of N e w South W a l e s wi th the advice of t he Legis la t ive Council thereof Tha t from and after t h e first day of November in t h e present year one thousand e ight h u n d r e d and th i r ty - n ine t h e memor ia l requi red by the said Ac t to be registered in t he Reg i s t r a r ' s Office of t h e Supremo Cour t may be verified on oa th before one of t h e J u d g e s of t h e Supreme Cour t or before t h e Reg i s t r a r of t he said Cour t or before any Police Mag i s t r a t e or before a n y Com­ missioner appointed by t h e said Cour t for t ak ing affidavits (not be ing the pa r ty employed to prepare t h e deed or i n s t r u m e n t nor be ing a pa r ty there to) and such acknowledgment as aforesaid m a y be made before and certified as in and by t h e said Ac t is required u n d e r t h e h a n d and seal of any J u d g e of t he Supreme Cour t or any Police Mag i s t r a t e or any Commissioner appointed by t h e said Cour t for
t a k i n g affidavits (not be ing t h e pa r ty employed to juepa re such deed or
i n s t r u m e n t nor be ing a pa r ty there to) a n d such memor ia l so sworn and such acknowledgment so t aken and certified respectively as aforesaid shall be as valid a n d effectual in law and in equi ty as if t h e same had been respectively verified acknowledged a n d certified in t h e m a n ­
ner required by t h e said reci ted A c t Provided always t h a t whe re t he
p a r t y execut ing any deed or i n s t rumen t as aforesaid shall have executed
t h e same as a m a r k s m a n or m a r k s w o m a n t h e witness or witnesses to
t h e execut ion of t he same shall a t t end to satisfy t he J u d g e Police
M a g i s t r a t e or Commissioner (as t h e case m a y be) t h a t t he deed or i n s t r u m e n t to be memorial ised or acknowledged as aforesaid is t he same ident ical deed or i n s t r u m e n t which the pa r ty in tended to execute and in default thereof t he memor ia l shall no t be verified nor t he deed or
i n s t r u m e n t acknowledged for t h e purpose of regis t ra t ion.

an A c t of H i s Exce l lency t h e Governor of N e w

tence from ac t ing as conveyancers Be it enacted Tha t from and after t he said day of N o v e m b e r in t he year aforesaid if any t r anspor t ed offender or person unde r sentence of any Cr iminal Court in N e w South W a l e s

2 . A n d whereas i t is expedient to res t ra in convicts under sen­

Wales or t he Dependencies thereof shal l draw or prepare any convey­ ance of or deed or will or any i n s t r u m e n t whatever re la t ing to any

rea l or personal	es ta te or any proceedings in law or in equi ty in N e w
Sou th Wales or t he Dependercies thereof	such t r anspor ted offender or

other person under sentence as aforesaid shall he liable on s u m m a r y convict ion on oath before two Jus t i ces of t h e Peace to be worked in i rons on t h e publ ic roads or o ther publ ic works in t he said Colony for any period no t exceeding one year.

3. A n d be i t enacted That th i s Ac t shal l commence and t a k e

effect from a n d after t h e first day of November in t he present year

one thousand eight hund red and th i r ty -n ine .