Married Womens Acknowledgements Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESIMO SEXTO

A. D. 1872.

No. 23.

An Act for increasing the .fncilities fbr the taking q f Ackmwledgme?ats

o f Married Women, and for other pzcrposes.

[Assented to, 27th November, 1872.1

W HEREAS very g r e d inconvenience is often occasioned to Preamble.

the public of South Australia by the expense and trouble persons are pnt to in getting ack~lowledgments taken by married women, and in getting affidavits taken, and it is desirable to give the Governor greater power to appoint Commissioners for

taking such ackuowledgnients and aflidavits, and to give certain

persons power to take surh acknowledgnlents arid affidavits without any special appointment-Be it therefore Enacted by the Govcrnor

of the Provincc of South Australia. with the advice and consent of the Legislative Council and ~ d u s o of Assembly of tho said

Province, in this present Parliament assembled, us follows:-

1. The Governor, with the advice and consent of the Executive	Commissioners to take
Governor map appoint

Council, may appoint any Justice of the Peace, or Practitioner of	aclmowledgments of
the Supreme Court, to be a, Commissioner for taking the acknom-	married women.
ledgments of married women, and any such appointment at pleasure
map revoke, and any person so appointed shall have and exercise
all the powers and duties of a Commissioner lawfully appointed under an Ordinance, No. 15 of 1845, intituled "An Ordinance to render effectual conveyances by married women, and to declare the effect of certain deeds in relation to dower," or as if in any other manner lawfully appointed.

HH 2. The

The Married Women's Acknowl~dgments Act.-1 872.

GoveMorrnayappoht

Commissioners for 4 2. The Governor mav. with the advice and consent aforesaid.

taking aadavita.	appoint any Justice ofd the Peace, Practitioner of the supremh Court, or Clcrk of a Local Court, to be a Commissioner for taking affidavits in the Supreme Court, and any such appointmeat at pleasure may revoke; and every person so appointed shall have all the powers and duties which Commissioners for taking affidavits now have; and all affidavits, declarations, and affirmations taken by m y "
person appointed under this Act shall be as valid and effectual, to all intents and purposes, as if the same had been taken before the Supreme Court itself: Provided, in case of an affidavit, declara- tion, or affirmation taken before a Clerk of the Local Court, his signature thereto ellall be authenticated by the seal of the Local Court.
Special Magistrates	4. Any person who shall wilfully swear, declare, or affirm falsely in any affidavit, deposition, affirmation, or declaration, made under the provisions hereof or before any person appointed by virtue of this Act, shall be and shall be deemed to be guilty of perjury, and shall and may be prosecuted for suclr offence accordingly.

a o@w Commis-

sioners.

False atRrmation,	5. Any person who shall wilhlly take any acknowledgment, affidavit, affirmation, or declaration, not being therennto lawfully authorized, shall be guilty of a inisdenwanor, and shall be liable to
perjury,
be punished by imprisonment not exceeding one year, or by fine
not exceeding One Hundred Pounds.
Pnniahment for im-	6. If any person shall forge the seal of a Local Court, or shall fraudulently a%x the same to any affidavit, declaration, affirmation, or acknowledgment, or shall forge the signature of any Special Magistrate, Justice of the Peace. Practitioaer of the Supreme Court, Clerk of a Local Court, or Commissioner for taking affidavits, or s l d l knowingly use or concur iu using any su&
properly taking ac-
knowledgments, &c,

Forging sealof Court. counterfeit or forged seal or signature, or knowinglr tender in

evideuce any document with a false or counterfeit signature or

seal fraudulently used, every such persol1 shall be guilty of felony,

and shall: upon conviction, be lia.ble to be imprisoned with or without

hard labor h r any period not less than scvcul years; and whenever any such document has been admitted in evidence, the Court or the person who has admitted the same may, at the request of any party against whom the same is so admitted in evidence, direct that the same shall be impounded and kept in the custody of some officer of the Court, or other proper person for such period, and subject to such conditions, as to the said Court or pcrson shall seem mcet.

Supreme Courttotake	7. The Supreme Court and the Judges, the Master, and other person before whom affidavits, declarations, atfirrnations, and acknowledgments are hereby authorized to be made, which shall be
judicial notica of sig-	officers thereof shall take judicial notice of the signature of every

nature~ and senla.

subscribed

subscribed to any affidavit, declaration, affirmation, or acknowledg- ment taken under the provisions of this Act, and of the seal of any Local Court attached to auy such affidavit, declaration, affirmation, or acknowledgment.

In the name and on behalf of the Queen, I hereby

assent to this Bill.

JAMES FERGUSSON, Governor.

.. C

Adelaide : By authority, W. C. Cox, Government Printer, North-terrace.