South Australian Consolidated Acts

SETTLED ESTATES ACT 1880 - SECT 49

49—Examination of married woman, how to be made when residing within the jurisdiction of the court, and how when residing without such jurisdiction

The examination of such married woman, when resident within the jurisdiction of the court, shall be made either by the court or by some solicitor duly appointed by the court for that purpose, who shall certify under his hand that he has examined her apart from her husband, and is satisfied that she is aware of the nature and effect of the intended application, and that she freely desires to make or consent to the same; and when the married woman is resident out of the jurisdiction of the court, her examination may be made by any person appointed for that purpose by the court, and such person shall certify under his hand to the effect hereinbefore provided in respect of the examination of a married woman resident within the jurisdiction; and the appointment of any such person not being a solicitor shall afford conclusive evidence that the married woman was, at the time of such examination, resident out of the jurisdiction of the court.