New South Wales Consolidated Acts

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MORATORIUM ACT 1932 - SECT 37

Authentication of consents etc

37 Authentication of consents etc

(cf Act No 48, 1930, s 10)

(1) Any consent, knowledge, approval, or any other matter or thing required by this Act to be witnessed or certified may be so witnessed or certified by any of the following persons:
(a) where the mortgage, memorandum, or other instrument is executed in New South Wales by a commissioner for affidavits, registrar of the Local Court, or solicitor or conveyancer who is not the solicitor or conveyancer for the mortgagee, and if the knowledge and approval required to be witnessed are those which are so required by subsection two of section thirty-four of this Act, by any of the persons abovementioned or when the mortgage, memorandum or other instrument is executed in New South Wales, but outside the counties of Cumberland and Northumberland, by a justice of the peace,
(b) where the mortgage, memorandum, or other instrument is executed outside New South Wales, by any of the persons respectively mentioned in subsection one of section one hundred and sixty-eight of the Conveyancing Act 1919-1930 , or any person appointed by the Chief Justice thereunder.
(2) Where any such consent, knowledge, or approval has been so witnessed or certified, such attestation or certificate shall be conclusive evidence of such consent, knowledge or approval.



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