Execution of Documents (Handicapped Persons) Act


Published: 1970-12-17

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Execution of Documents (Handicapped Persons) Act
EXECUTION OF DOCUMENTS (HANDICAPPED PERSONS) [CH.67 – 1



–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

EXECUTION OF DOCUMENTS (HANDICAPPED PERSONS)
CHAPTER 67

EXECUTION OF DOCUMENTS (HANDICAPPED PERSONS)


ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Application of Act.
4. Official attestors.
5. Validity of documents.
6. Evidence.
7. Repeal and saving.

SCHEDULE — The Execution of Documents (Handicapped Persons) Act.



EXECUTION OF DOCUMENTS (HANDICAPPED PERSONS) [CH.67 – 3



–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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.

[Assent 2nd December, 1970]
[Commencement 17th December, 1970]

1. This Act may be cited as the Execution of
Documents (Handicapped Persons) Act.

2. In this Act, unless the context otherwise requires —
“document” means —

(a) any instrument whereby any person pur-
chases, 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 agree-
ment 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

(d) any promissory note,
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.

25 of 1970
5 of 1987

Short title.

Interpretation.

CH.67 – 4] EXECUTION OF DOCUMENTS (HANDICAPPED PERSONS)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. This Act applies to any person who is blind or
does not know how to write his name.

4. The following persons shall be official attestors
for the purposes of this Act —

(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.

(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


Application of
Act.

Official attestors.

5 of 1987, Sch.

Validity of
documents.

Schedule.

EXECUTION OF DOCUMENTS (HANDICAPPED PERSONS) [CH.67 – 5



–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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:

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:
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, notwith-
standing 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 commence-
ment of this Act, being a document to which the said
Illiterates Protection Act applied pursuant to the provisions of
section 6 thereof.

Evidence.

Repeal and
saving.

4 of 1919 (see
1965 Ed.)

CH.67 – 6] EXECUTION OF DOCUMENTS (HANDICAPPED PERSONS)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SCHEDULE (Section 5(3))

THE EXECUTION OF DOCUMENTS (HANDICAPPED
PERSONS) ACT

FORM OF ATTESTATION

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)]1 [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]2 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.


.................................................................
Signature of official attestor


............................................................

Date

(Seal of office, if any)



1 Delete whichever is not applicable.
2 Delete whichever is not applicable.