Execution of Instruments Act 1916 (WA)

WESTERN AUSTRALIA.

;ego

to

ANNO SEPTIMO

GEORGII QUINTI REGIS,

V III.

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No, 8 of 1916.

AN ACT to facilitate the Execution of Instru- ments and Powers of Attorney during the Present War.

[Asseuted to 171/i Norember, 1916.]

Legislative Assembly of Western Australia, in this present Par-B E' it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council and liament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the Execution of Instruments Act, Short title.

1916, and shall be read and construed as one with the Transfer of

Land Act, 1893.

2. (1.) Notwithstanding anything in the Transfer of Land Act, execution of cer-Evidence of due

1893, instruments and powers of attorney under the Transfer of

tain instruments

Land Act, 1893, signed by any person during any period for which

under the Transfer

of Land Act by

the said person is engaged on war service within the meaning

persons on war

service.

of this Act and a further period of three months thereafter,

See Vic. No. 2757,

upon verification to the satisfaction of the Registrar of Titles

s. 2.

of the signatures thereto, shall although not attested be held to

be duly executed.

1916, No, 8J Execution of Instruments. [7 GEO. V.

Definition of "war

service." (2.) For the purposes of this Act, a person shall be deemed

to be engaged on war service:—

(a) if he is engaged on naval or military service, either within or outside Western Australia, during the war in which His Majesty is at present engaged ;

(b) if he is engaged on service in any work of any Red Cross Society or Ambulance Association or any other body with similar objects in connection with the said war ; or

@2) if in connection with the said war he is a prisoner of war in the enemy's country or is interned in the country of a neutral power.

(3.) (a) A statutory declaration by any person Who, in the opinion of the Registrar of Titles, is qualified to declare as to the fact that any party to any instru- ment submitted to the Registrar of Titles for re- gistration under the Transfer of Land Act, 1893, is engaged on war service or was so engaged within the preceding three months, shall be accepted by the Registrar of Titles as sufficient evidence of the fact.

(b) A statutory declaration by the donee of a power of attorney or by any person who, in the opinion of the Registrar of Titles, is qualified to declare as to the fact that the donor is engaged on war ser- vice or was so engaged within the preceding three months shall be accepted as sufficient evidence of the fact by the Re gistrar of Titles and every other person dealing- with the donee.

Extension of Act 3. The benefit of the privileges conferred by this Act on any

to certain persons

abroad not	person in relation to any period for which he is engaged on war
actually engaged
on war service.	service, and for a period of three months thereafter, shall also
Ibid., s. 3.	extend and apply to any person not engaged on war service in relation to any period during which being absent from Western Australia he is, for any reason connected with the said war, un- able to return to Western Australia; and this Act shall have effect in its application to any such person with the necessary Modifications.
Retrospective

operation. 4. This Act shall have effect as from the fourth clay of August.

One thousand nine hundred and fourteen.

By Authority: FRED. WM. SIMPSON, Government Printer, Perth.