Conveyancing (Amendment) Act 1927 (NSW)

CONVEYANCING (AMENDMENT)

ACT.

Act No. 56, 1927.

A n A c t t o a m e n d , s e c t i o n s o n e h u n d r e d a n d s i x t y -

f o u r a n d o n e h u n d r e d a n d s e v e n t y - t h r e e of

t h e C o n v e y a n c i n g A c t , 1 9 1 9 , in c e r t a i n

r e s p e c t s . [ A s s e n t e d t o , 1 3 t h D e c e m b e r , 1 9 2 7 . ]

lative Council and Legislat ive Assembly of New South BE it enacted by the K i n g ' s Most Excellent Majesty, by and with the advice and consent of the Legis­

Wales in Pa r l i amen t assembled, and by the author i ty of the same, as follows:—

1 . This A c t may be cited as the " C o n v e y a n c i n g

( A m e n d m e n t ) Ac t , 1927 ."

2 . (1) The Conveyanc ing Ac t , 1919, is a m e n d e d —

(a) by inse r t ing the following subsect ion n e x t

after subsect ion	one of sect ion one	h u n d r e d
and sixty-four :—

(b) (i) by inser t ing in subsection one of section one h u n d r e d and seventy- three immedi ­ ately before the word " concurrence " t he word " par ty " ; (ii)

(1A) Omission to search in any register or

list kep t or filed p u r s u a n t to t h e Companies

(Regis t ra t ion of Securities) Act , 1918, or t h e Companies Act , 1899, or any present or fu tu re A c t amend ing those Acts , or e i ther of t hem, shall no t of itself affect a purchaser of land

wi th notice of any m o r t g a g e or c h a r g e ;

(ii)   by inserting at the end of the same sub­ sect ion t he following proviso :—

Provided t h a t —

(a) a n order m a d e or p u r p o r t i n g to he

m a d e in p u r s u a n c e of t he Set t led

Es ta tes Ac t , 1880, or P a r t I V of

t h e Conveyanc ing and Law of

P r o p e r t y Act , 1898, shal l no t by

th is section be va l ida ted as aga ins t

a n y	es ta te	or	in teres t	c la imed
otherwise	t h a n	unde r	or	t h r o u g h

the se t t l ement in re la t ion to	which
t h e order was m a d e ;	and
(b)	an order made in a sui t for par t i t ion shall no t by th is section be val idated as against any estate or in te res t which is no t a n undivided share or a n estate or in teres t in an undiv ided share of the ent i re es ta te or in teres t which the order purpor t s to affect ; and
(c)	an order made in a suit for fore­ closure or otherwise a t t he sui t of a mor tgagee as such shal l no t by th is section be val idated as aga ins t any es ta te or in te res t no t c la imed unde r or t h r o u g h the person by whose act or defaul t t he mor tgage in re la t ion to which the order was m a d e was created, or as against a n y es ta te or in teres t h a v i n g pr ior i ty to

such m o r t g a g e ; and

(d) an order in any other case shall not by th is section be val idated aga ins t a person not a pa r ty to , a n d n o t apa r t f rom th is section, o therwise bound by the proceedings in which t h e order was made , if the effect of t h e order or of a n y t h i n g done in p u r s u a n c e of t he order or the com­ bined effect of t h e order and any­ t h i n g done in p u r s u a n c e of t h e order, b u t for this proviso, would b e

to

to deprive such person of an estate or interest and prevent him from receiving the whole or any part of the proceeds of any transaction carried out in pursuance of the order; and

(e) in any case an order to the extent to which it expressly excludes any person from its operation shall not by this section be validated against that person.

(2) This Act shall take effect as if it had come into operation on the first day of July, one thousand nine hundred and twenty, except that it shall not affect the rights of any party to any proceeding at law or in equity concluded before or pending at the passing of this Act.