Married Womens Conveyances Act 1845 (SA)

No, 15.

By His Ezcetlency George Grey, Esparire, Governor and Commander-in*

C h i q o f Her Mapsty's P~ouince of South Australia and its Aym-

dmcies, and vice-Admiral of the same, by and with the advice and

consent o f the LegisLtiz'e Council.

A12 Ordinance to render efectzlnt Co?~veyances by Hammed Wmen,

a d t o declrwe the efect o f certain Deeds in relation to Dctoer.

IAS jt is expedient to provide a simple mode of Preamble-

dower and other their estates and interests in land may be conveyed W?"" L ssurance whereby the right and title of married women to

and assured:

Be it therefore Enacted, by His Xxceblency the Governor of South Conveyances b m m

Australia, with the advice and conscnt of the Legislative Council made ay deedin ried woman to L

and assurances by any married woman of any estate, right, title, or tioned	thercof, That from and after the passing of this Ordinance conveyances man-	W-
interest of, in, to, or out of any lands, tenements, or hereditaments in this Province, shall and may be made by any deed to be executed and acknowledged by her in the manner after mentioned.

upon her executing the same, or afterwards, be produced and acknowledged by her as her act and deed before one of the persons aftetermentioned, that is to by, if such deed shall be executed in South Australia, before a Judge of the Supreme Court or the Master thereof, or before one of the Commissioners to be respective&y appointed

11. And be it Enacted, That every deed to be executed by a D e e d a x e o ~ w b y a

married woman for the purpose of disposing of, releasing, sur- ache wleded a her married woman to be

rendering, or extinguishing any estate, right, title or interest h before a mgs, &ae-

any Ittnds, tenements, or hereditaments, in this Province, shall, Or COmmkiOner*

appointed as hereinafter mentioned, provided such Commissioner be

not a party to such instrument, nor the attorney or solicitor, nor the

clerk of the attorney or solicitor employed to prcpare the same; or ifmade and executed within any of Her Majesty's dominions out of this Province, shall be acknowledged before a Judge of the Country or Colony where such deed is made and executed, or before any Mayor or other Chief Magistrate of the city, borough, or town where or near to which the person making such acknowledgment

!l'he Judg, &c, be-	shall reside: Provided that every such Judge, Master, Commissioner,
fare mewing such
acknowledgment, to	Mayor, or Chief Magistrate as aforesaid, before he or they shall
examine her apart	receive the acknowledgment by any married woman of any dccd
from her hueband.	by which any disposition, release, surrender, or extinguishment
shall be made by her under this Ordinance, slmll examine her apart from her husband touching her knowledge of such deed, and shall ascertain whether she freely and voluntarily consents thereto; and wiless she freely and voluntarily consent to such deed, shall not permit her to acknowledge the same; and in such case the deed shall, so far as relates to the execution thereof by such married woman, be void.

The deed of a mar-	111. Andbe it further .Enacted, That every decd so acknowledged
ried woman to take

&eat from the time	by a married woman shall, so far as regards the disposition, release,
of acknowledgment.	surrender, or extinguishment thereby made by her of any estate, right, title, or interest in, to, or out of any land, tenement, or here- ditament comprised in such deed, take effect from the time of its
being so acknowledged; and being so acknowledged, shall be as
effectual for the disposition, release, surrender, or extinguishment of such estate, right, title, or interest in, to, or out of any lands, tenements, or hereditaments in this Province as any fine or recovery suffered or levied by any married woman would have been for the like purpose in England before the passing of the Act made in the Parliament held in the third and fourth years of the reign of His late Majesty King IVilliam the Fourth, intituled " An Act for the abolition of Fines arid Recoveries, and for the substitution of more simple modes of Assurance."
When a msrried

noman shall acknow-	IV. And be it Enacted, That when a married woman shall
ledge a deed, the per-
llon taking the ac-

acknowledge any such deed as aforesaid, the Judge, Master, or

knowledgment to

other person taking such acknowledgment shall sign a memorandum

aign a memorandum

to be endorsed on or written at the foot or in the margin of such

to the affect of form

in Schedule A.

deed, which memorandum shall be to the effect of the form contained in Schedule A to this Act annexed: Provided always, that in every case where such acknowledgment as aforesaid may be made before

a Judge, or Mayor, or other Chief Magistrate out of this Province,

such acknowledgment shall be certified under the hand and seal of such Judge, Mayor, or other Chief Magistrate: Provided also, that

the name, or the name and seal, as the case may be, affixed to any

certificate of acknowledgment as the hand, or the hand and seal of

the person before whom the aclui~wled~rnent was made, shall be

deemed and taken so to be for all intents and purposes until the

contrary thereof ghall be shown.

V. And

V. And be it further Enacted, That when and so soon as it shall P e ~ t u d sioners may be ap-

pointed.

seem expedient to the Judge or Judges of the Supreme Court, or Judge or Judges of the Supl-erne Court on just cause shown for such removal; and a list of the names of such Commissioners for the time being, and of their places of residence, shall from time to time be made out and kept in the office of the Supreme Court by the person acting as Chief Clerk thereof; and such Clerk shall deliver a copy signed by him, of such list to any person applying for the same: Provided always and be i t Xnacted, That i t shall be lawful for the Governor for the time being, at any time and from time to time, by notice in the Government Gazette, to nominate any Justice of the Peace to be a Commissioner for taking acknow- ledgmcnts under this Ordinance; and such person being so nominated, arid being a Justice of the Peace, shall have the same powers and duties as any other Commissioner under this Ordinance.

the Governor for the time being shall direct, that Commissioners

should be appointed for taking a ikno~ led~men t s by married women

residing at a distance from Adelaide, of the deeds to be executed

by them within the Province as aforesaid, the Judge or Judges of

the Supreme Court shall from time to time appoint such proper

persons as he or they shall think fit to be Commissioners for taking

such acknowledgments; and the appointment of any such Com-

missioner shall from time to time be notified in the Government

Special Commie-

VI. And be i t further Enacted, That when, by reason of ill-health, ,ionw may be

or any other sufficient cause, any married woman shall be prevented pointed. from making the acknowledgment required by this Ordinance before a Judge, or thc Master, or any of the Commissioners to be appointed as aforesaid, it shall be lawful for the Supreme Court, or any Judge thereof, to issue a commission specially authorizing the persons therein named, or any one of them, to take the acknowledgment by any married woman to be therein named, of any such deed as aforesaid: Provided always, that every such commission shall be executed within a time to be therein expressed, and shall be annexed to the deed to which the same relates; and the execution thereof shall be certified by the Commissioner executing the same on the back or foot thereof, according to a form to be annexed to such commission.

VIT. And whereas divers deeds whereunto married women For coafirming deeda

have been parties for the purpose of conveying, releasing, extin- or acknowledged by

right, or interest in the lands, tenements, or hereditaments men-

tioned in such deeds, have been heretofore executed and acknow-

ledged before the Judge for the time being of the Supreme

guishing, or surrendering their right of dower or some other estate, married women. examination of them apart from their respective husbands as is hereinbefore directed to be hereafter made, upon which deeds respectively a memorandum hath been endorsed and signed by

such Judge according to the effect of the form prescribed to be

used

a d in the like cams by the Act of Parlikent passed in the fourth

year of the reign of Bis late Majesty King William the Fourth, in- $it;zrled '' An Act fm the abolition of Fines and Recoveries, and for the substitution of more simple modes of Assurance :" and whereas doubts may arise whether the said Act can be deemed applicable to thihc Province: And it is deemed proper that such deeds and acknow1,edgmen ts should be confirmed-Be it therefore Enacted, That every deed which hath been heretofore executed by a married woman for the purpose of conveying, releasing, surrendering, or extinguishing her right of dower, or any other estate, right, or interest, in the lands therein mentioned, and acknowledged by

per as her act and deed before such Judge, such acknowledgment

being certified by a memorandum endorsed or written on some part of such deed, and signed by the Judge in manner aforesaid, shall be deemed as valid and sufficient for such purpose as if such deed bad been executed, and such acknowledgment thereof had been made after the passing c?f this Ordinance, and that the production of the deed, with such memorandum endorsed thereon signed as afo'olesaid, shall in all cases be deemed and taken to be sufficient evidclice that

such acknowledgmcn t was duly made: Provided that nothing herein contained shall exteild to any dower, estate, right, title, or interest respecting the right to which any claim hath been made or any action or suit may have been coinmenced before the passing of this Oydiuance.

VIII. And be it Enacted, That the fees and charges to be paid for and in respect of the proceedings, matters, and things required to be done by virtue of this Ordinance, shall be such as are set forth

in the Schedule marked B to this Ordinance annexed, which

fees and charges (except such as are therein directed to be paid to any Con~missioner, not being a Justice of the Peace) sl~all be accounted for and paid by the person receiving the same to the Colonial Treasnrer, for the use of Her Majesty, Her heirs, and successors, to be applied fur the public uses of the Provillcc and for the support of the Government thereof: Provided always, and

be it Enacted, That nothing in this Ordinance contained shall be

construed so as to alter or affect th6 Ordinance No. 8, passcd in

tho fifth ycnr of Her Majesty's reign, intituled "An Act to pro-

vide for the Registration of Deeds, Wllls, Judgments, Conveyai~ces,

and other instruments;" nor the Ordinance Eo. 12, passcd in the

sixth year of Her Majesty's reign, for amending the said Ordinance.

Dettrls c~nt&i4g,	IX. And whereas divers deeds couveying land and hercdita-
deolaratiom b m g

dower, since esta-	ments have been executed since the establishment of this Pro-
blishment of this Pro-	vince, in which deeds a declaration has been made by the purchaser

~ i n c e, to have same that his widow shall not be entitled to dower out of such land;

force and effect aa

conveyance8 to uma	and many deeds may hereafter be made wit11 the like declaration
to bar dower.	therein: And whereas doubts have been expressed as to the effect of such declarations in respect of the dower of women who have been married before the first day of January, one thousand eight hundred aud thirty-four: Be it therefore Enacted, That such a

declaration

declaxation by a purchaser made in any deed heretofore executed, or to be made in any deed hereafter to be executed, shall have the same force and effect in barring the right of dower of the widow of the person making such declaration, as if the land or heredita- ments mentioned in such deed had been conveyed to uses to bar dower.

G. GREY,

Governor and Commander-in-Chief.

Passed the Legislative Council this twenty-

Nth day of July, one thousand eight

hundred and f o ~ t y f i v e.

W. L. O'HALLORAN,

Clerk of Council.

SCHEDULE

SCHEDULE A, ABOVE REFERRED TO.

I CERTIFY that this Deed was this day produced before me, the undersigned(A.B.),

Judge (or Master) of the Supreme Court of South Australia, or C.D., a Com- missioner duly authorized in pursuance of an Ordinance of the Governor, with the advice and consent of the Legislative Council of Sotrth Australia in that behalf, for taking acknowledgments of married women, or E.F., the Commissioner named in the Commission hereunto annexed, or G.H., Judge, Mayor, or Chief Magistrate of

), and was acknowledged by the

wife of therein named, being personally present before me, and being of full age and competent understanding, to be her act acd deed; previous to which acknowledgment, the said being examined

by me separately and apart from her husband, touching knowledge of the

contents of the said deed, and her consent thereto, declared that she fully understood the nature and effect thereof, and that the same was freely and voluntarily executed by her.

As Witness my hand this day of

A.B., Judge, &c.

Or if made out of the Province, say-

As Witnesa my hand and seal this day of

Schedule of Fees to be taken under the foregoing Ordinance.

S S. d.

To each Commicrsioner, not being a Justice of thc Pcace, for taking the

acknowledgment of every married woman, when not required to

go further than a mile from his residence .................... 0 13 4

When required to go more than one mile, but not exceeding three miles	1	1 0
When the distance shall exceed three miles, besides his reasonable

travelling expenses ............................ ., ....... 2 2 0

T o the Clerk of the Supreme Court for preparing every Special Com-

mission, including 5s. for the Fiat .......................... 0 15 0

Adelaide : Printed by au$'hority by W. C. Cox, Government Printer, Victoria-square.