The Declarations and Attestations Act 1913 (SA)

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ANNO QUARTO

GEORGII V REGIS.

A.D. 1913.

No. 1114.

An Act to amend the Law relating to the Taking of

Declarations and the Attestation of Documents.

[Assented to, September 18th, 1913.1

E it Enacted by the Governor of the State of South Australia,

follows:

B with the advice and consent of the Parliament thered, as

1, This Act may be cited as " The Declarations and Attesta- short title.

tions Act, 1913."

2,

In this Act-

Interpretation.

Bank " means any company or firm which is publicly engaged in the said State in the ordinary business of banking, and whose charter, letters patent, or deed of copartnership and settlement has been registered and deposited in the

11 14

Supreme Court pursuant to

The Banking Companies NO. 26 of 1863.

Act, 1863," and includes the Savings Bank of South Australia, and also includes the Commonwealth Bank of Austrdia:

Bank manager " means a person appointed to take charge id

the head or any branch office in thesaid State of a bank:

" Instrument " means any instrument or document in writing:

uPostmaster" means a person appointed to take charge of a

post office in the said State:

Proclaimed " means appointed by the Governor by

proclamation undm this Act.

3,

(l) The

4' GEORGII V, No. I I 14.

m

GY Q. (1) The Governor may, by proclamation, appoint such post-

be rppointed to take

ma

masters. b k mansaers, and members of the Police Force of the

M"wnb*

said state a0 he d&ms proper to take declarations and attest the

execution of instruments pursuant to this Act,

(2) The appointment of any person under this wetion shall be

terminated by-

(a) his death,

(b) his ceasing to be a postmaster, bank manager, or member of

the said Police Force (according to the nature of the

qualification by virtue of which he was appointed), or

(c) the revocation thereof by the Governor by proclamation.

(3) Every proclamation made under this section, and notice of the termination by any means other than proclamation of any appoint- ment made under this section, shall be published in the Gouerament

Gazette.

W

~

v

O

take

4. Whenever by or under any Act it is provided-

deolarationa and

atteet

inat~mertts.

(a) that any declaration shall or may be made before a Justice of the Peace, or a Justice of the Peace or some other person or authority, or

(b ) that any instrument shall or may be signed or executed in the presence of, or be attested by, a Justice of the Peace, or a Justice of the Peace or some other pereon or authority,

that provision shall be deemed to be complied with if, in the case of a declaration, the same is made before, or, in the case of an instrument, the same is signed or executed in the presence of or attested by (as the case may require), either-

I. a Justice of

the Peace for the said State, or, if the particular

Act so permits, for any other State or country, or such

other person or authority, or

11. any proclaimed postmaster, or

111. any proclaimed bank manager, or

IV. any proclaimed member of the Police Force of the said State:

Provided that, if the declaration is made before, or the instrument

is signed or execu.ted in the presence of or attested by, a proclaimed

postmaster, bank manager, or member of the said Police Force, the name of the town or other place where his ofice is situated, or he is stationed, is stated on such declaration or instrument in connection with his signature and description.

xcwnlngr ot

8. The words proclaimed postmaster," or proclaimed bank

-

h manager," or a proclaimed police officer " appearing after any s -

m u p

d*ti0~1

~d mat-ab.

. nature in or upon any declaration or instrument shall respective y

- >

be

4" GEORGII V, No.

I I rq

The Deckratiorwr and A t t e ~ ~ ~ ~

Act.1913.

be taken to meas proclaimed postmaster, or proclaimed bank manager,

m get gm, 1w7,

or proclaimed member of the Police Force of the said Btate, as defined '-

by this Act, unlesa a different meaning is indicated in or upon such

declaration or in~trument.

6. The provieions of this Act shall apply notwithstanding the A?tbwfyt IMA-

i

-

m-

provisions of " The Real Property Act, 1886," or any other Act or ,

& oth.

law.

A&

In the name and on behalf of Hie Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Clovernor.

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