CHAPTER
67
EXECUTION OF DOCUMENTS (HANDICAPPED PERSONS) |
ARRANGEMENTS OF
SECTIONS |
SECTION |
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SCHEDULE - The Execution of Documents (Handicapped Persons)
Act. |
CHAPTER 67 |
EXECUTION OF
DOCUMENTS (HANDICAPPED PERSONS). |
An Act to
require the official attestation of the execution by handicapped persons of
certain documents and to repeal the Illiterates Protection Act. | 25 of 1970
5 of 1987 |
[Assent 2nd
December, 1970]
[Commencement 17th December, 1970] |
1. This Act may be cited as the Execution of Documents
(Handicapped Persons) Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"document"
means- |
(a) any
instrument whereby any person purchases, or agrees to purchase, any real or
personal property or, by way of sale, mortgage or gift (but not including gift
by will), disposes, or agrees to dispose, of such property; or |
(b) any lease
of land or any agreement in writing for such a lease or any tenancy agreement
in writing, being a lease, agreement for a lease or tenancy agreement for a
term of one year or more; or |
(c) any promise
in writing to answer for the debt, default or miscarriage of another; or |
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being an
instrument, lease, agreement, promise or note executed on or after the
commencement of this Act; |
"land"
includes any interest in land; |
"official
attestor" means an official attestor under section 4 of this Act; |
"signature"
includes a mark placed upon a document by a person as his mark, and
"sign" shall be construed accordingly. |
3. This Act applies to any person who is blind or does
not know how to write his name. | Application of Act. |
4. The following persons shall be official attestors for
the purposes of this Act- | Official attestors. |
(a) in respect
of any document executed in The Bahamas, the Registrar General, the Deputy
Registrar General, or any magistrate, justice of the peace, or notary public; |
(b) in
respect of any document executed in any other country, any diplomatic agent of
The Bahamas or consular officer of The Bahamas, justice of the peace, notary
public or commissioner for oaths, or any person holding a like office (by
whatever name known) duly appointed under the laws of that country; |
(c) in respect
of any document executed whether within or without The Bahamas, any such fit
and proper person, or class of fit and proper persons, as the Governor-General
may from time to time by notice in the Gazette appoint. |
5. (1) No document executed by a person who at the time
when he signs it is a person to whom this Act applies, shall be of any force or
validity whatsoever as against that person unless he shall have signed the
document in the presence of an official attestor and the official attestor
shall have attested his signature in accordance with the provisions of this
section. | Validity of documents. |
(2) Before
attesting a signature on a document under this section the official attestor
shall read over and explain the contents of the document to the person whose
signature is to be attested and shall not attest the signature of that person
unless he is satisfied that that person understands the nature and contents of
the document. |
(3) An attestation
of a signature under this section shall be in the form set out in the
Schedule. |
(4) An official
attestor may charge, in respect of each signature attested by him for the
purposes of this Act, such fee as the Governor-General may by regulations made
under this subsection prescribe, so, however, that, until any fee is so
prescribed, such fee shall be, where the attestation is done within The
Bahamas, any amount not exceeding twelve cents and, in any other case, such
amount as the official attestor considers will cover his expenses in connection
with the attestation. |
6. The attestation of an official attestor shall be
conclusive evidence that the person whose signature was thereby attested
understood and approved the contents of the document before signing it: | Evidence. |
Provided that
nothing in this section shall afford a defence to any person (including the
official attestor) in- |
(a) any
criminal proceedings; or |
(b) any civil
proceedings for damages founded on any negligence, misrepresentation or fraud, |
that are
taken against him in relation to that document or the attestation thereof. |
7. (1) The
IlliteratesProtection
Act is hereby repealed: | Repeal and saving. |
Provided that any
document to which this proviso applies which under the provisions of the said
Illiterates Protection Act was invalid as against any person at the time of its
execution unless attested under the said provisions shall not be rendered valid
as against such person by such repeal but shall, to be valid as against such
person, continue to require to be so attested, notwithstanding such repeal. |
(2) The proviso to
subsection (1) of this section shall apply to any document (as defined in
section 2 of the said Illiterates Protection Act) executed before the
commencement of this Act, being a document to which the said Illiterates
Protection Act applied pursuant to the provisions of section 6 thereof. |
SCHEDULE (Section 5(3)) |
THE EXECUTION OF
DOCUMENTS (HANDICAPPED PERSONS) ACT |
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FORM OF ATTESTATION
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I (here print
name of official attestor) [being (here state office mentioned
or referred to in section 4(a) or (b) of the above Act)] [i]* [or, where section 4(c) of
the said Act applies, state) having been appointed an official attestor
under paragraph (c) of section 4 of the above Act] [ii]* hereby certify that on the
..................................... day of .............................,
19 ..... (here print name and address of handicapped person and nature of
handicap within section 3 of the above Act) came before me and signed the
attached document dated the ......................... day of
................................., 19 ....., being (here summarise very
briefly the nature and contents of the document), such document having
first been read over and the contents thereof explained to (him) (her) by me
and I having been satisfied that (he) (she) understood the nature and
contents of the said document.
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.................................................................
Signature of official attestor
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............................................................
Date
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(Seal of office, if
any)
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