§ 33-3-28 — Military personnel authorized to administer oaths.

Any officer or warrant officer of the South Dakota National Guard who is commissioned in, assigned, or detailed to duty as the adjutant general, the assistant adjutant general, the adjutant, assistant adjutant, or personnel adjutant of any command, any judge advocate, the trial counsel or assistant trial counsel of a general or special court - martial, the president or recorder of any court - martial or military board, any commissioned officer commanding any unit or separate detachment, and any officer or warrant officer detailed to make an investigation, may administer oaths for the purpose of the administration of military justice and for other purposes required for the administration of the national guard. Any such officer has the general powers of a notary public in the administration of oaths, the attestation of documents, and all other forms of notarial acts to be executed by members of the national guard, their dependents, and any other person in the administration of the military laws of the state or necessary for the preparation for or the accomplishment of the missions of the national guard in either state or federal service. Notarial acts performed under this section are exempt from the requirements for a seal specified in § 18-1-3.1 . The signature of the officer taking acknowledgments or sworn instruments, together with the title of his office, constitutes prima facie evidence of the officer's authority. However, no fee may be charged or collected by any officer mentioned in this section for the performance of any notarial act herein authorized. All commissioned officers and warrant officers of the armed forces of the United States may administer oaths of enlistment or appointment of any person in the armed forces of the United States.

Legislative History

SL 1903, ch 185, § 61; SL 1913, ch 267, § 25; SL 1917, ch 297, § 31; RC 1919, § 10585; SDC 1939, § 41.0137; SL 1951, ch 205; SL 1987, ch 247, § 1; SL 1991, ch 265, § 1.