Conveyancing (Amendment) Act 1932 (NSW)

CONVEYANCING (AMENDMENT)

ACT.

Act No. 65, 1932.

An Act to apply certain provisions of the Con- veyancing Act, 1919-1930, to lands under the Real Property Act, 1900; to make pro- vision for the issue of certificates of title upon a resumption ; and for these and other purposes to amend the Conveyancing Act, 1919-1930, and certain other Acts in certain respects; and for purposes connected there-

(Amendment) Act, 1932." (2)

with. [Assented to, 30th December, 1932.]

1 3 L it enacted by the King's Most Excellent Majesty,. _ I 3 by and with the advice and consent of the Legis- lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . ( 1 ) This Act may be cited as the f; Conveyancing

(2) The Conveyanc ing Act , 1919-1930 , as

amended by this Act, may be cited as t he Con­

v e y a n c i n g Act, 1919-1932 .

2 .     The Conveyanc ing Act , 1919-1930, is amended—

(a) by omitting section fifty-two and by inserting in l ieu thereof t he following new section :—

52. Divisions 1, 2, 3 , and 4 of this P a r t shall not apply, b u t Divisions 5 a n d 6 shall apply and shall be deemed to have appl ied from the c o m m e n c e m e n t of the Conveyanc ing (Amend­

m e n t ) Act , 1930, to land unde r t h e provisions

of t h e R e a l P r o p e r t y Act , 1900, except where

otherwise provided.

(b) by inserting at the end of section 54A the fol­ lowing new subsection : —

(3) This section applies and shall be deemed

to	have	applied from	t h e	c o m m e n c e m e n t	of
t he	Conveyancing	( A m e n d m e n t )	Act ,	1930,	to

land	unde r t h e provisions of t he Rea l	P r o p e r t v
Act ,	1900.

(c)

by inserting at the end of section sixty-one the following new subsect ion :—

(2) This section applies to condit ions of
sale contracts , a r r a n g e m e n t s or u n d e r t a k i n g s
re la t ing to land under t h e provisions of t h e

Rea l P r o p e r t y Act , 1900.

(d)

by omitting from paragraph (b) of subsection

and by inser t ing in l ieu thereof the words	th ree of section 6 C G t he words " section n ine "
" section	seventv-e ight . "

3 . (1) The Conveyanc ing Act , 1919-1930, is fur ther

amended—

(a) by omi t t i ng from section s ix ty-n ine t he word

a n d figure " Division 1. " and by inser t ing in l ieu thereof t he words and figures " Divisions 1 and 4 " ;

(b)

(b)	by inserting at the end of section 88A the following new subsect ion :—
(2) This section applies and shall be deemed to have applied from the c o m m e n c e m e n t of
t h e Conveyanc ing (Amendmen t ) Act, 1930, to
land unde r the provisions of t he Rea l P r o p e r t y
Act , 1900.
(c)	by inserting at the end of section 96A the following new subsect ion :—

(4) This section appl ies a n d shal l be deemed

to have applied from t h e c o m m e n c e m e n t of mor tgages t h e Conveyancing ( A m e n d m e n t ) Act , 1930, to

unde r t h e R e a l P rope r ty Act , 1900.

(d)	by adding at the end of subsection sixteen of section one h u n d r e d and six t h e words " and the mor tgagee may , by deed, delegate such power to t he receiver " ;
(e)	by adding at the end of subsection eleven of section one h u n d r e d and seven t h e words " and t h e mor tgagee may , by deed, de legate such
power to the r e c e i v e r " ;
(f)	by inserting at the end of subsection three of
section one h u n d r e d and fifteen t h e words
" a n d to exercise any powers wh ich m a y have
been delegated to h i m by t h e mor tgagee
p u r s u a n t to this A c t " ;
(g)	by inserting after subsection six of section one hundred and fifteen the following new subsec­
t ion :—

(6A) W h e r e a t r u s t corporat ion being a mort ­

gagee is entit led to appoin t a receiver under the power in tha t behalf conferred by this Act or by the mor tgage deed, or is in possession of the mor tgaged proper ty , such t ru s t corpora t ion may appo in t itself receiver, and in tha t event shall be entit led to re ta in out of any money received by it as such receiver for its remunera t ion , and in

satisfaction

satisfaction of all costs, charges and expenses incurred by it as such receiver, such commission as would under the provisions of this Act or of the mor tgage deed, as the case may be, be retain­ able by another person if appointed rece iver :

P rov ided tha t when a t rus t corporat ion so

appoints itself receiver it shall not be deemed to

be the agent of the mor tgagor .

(h)	by omitting from subsection eight of section
one h u n d r e d and twen ty-n ine t he words " s a v e

as otherwise men t ioned " ;

(i)  by omitting from paragraph (a) of subsection four of section one hundred and s ix ty t he words " the last p receding subsection " and b y inser t ing in l ieu thereof t he words " subsect ion th ree " ;

(j)	by omitting from subsection two of section
1 8 1 A the word " subsect ion " and by inse r t ing

in l ieu thereof the word " section " ;

(k) b y inse r t ing n e x t after subsection one of

section two hund red and two the following

new	subsec t ion :—
( 1 A ) I n this	section t he expression " t he

office of t he Reg i s t r a r -Gene ra l " shall inc lude a n d shall be deemed always to have inc luded t h e office of t h e Reg is t ra r of J o i n t Stock Companies .

(1) by omi t t ing from Schedule V I t h e note a t the

e n d thereof a n d by inser t ing in l ieu thereof
t h e fol lowing new note :—

N O T E . — T h e lessor will be ent i t led to

re -enter or forfeit t he lease in t he event of t he lessee fail ing to comply wi th th is not ice w i th in a reasonable t ime—see section one hundred and t w e n t y - n i n e of t he Conveyanc ing

Act , 1 9 1 9 - 1 9 3 2 .

( 2 ) The Conveyanc ing ( A m e n d m e n t ) Act , 1 9 3 0 ,

is amended by omi t t ing subparag raph (iii) of p a r a g r a p h

(b) of section twenty- two.

4 .	(1)	The Real Proper ty Act , 1900, is a m e n d e d —
(a) by inser t ing n e x t	after section th i r ty-one	the

following new P a r t : —

P A R T V A .

I S S U E OF C E R T I F I C A T E S OF T I T L E FOR

R E S U M E D L A N D .

31A. (1) I n th is section " r e s u m p t i o n "

means t he compulsory acquis i t ion of land for an es ta te in fee s imple unde r the provisions of the Pub l ic "Works Act , 1912, or any o the r A c t au thor i s ing t he compulsory acquis i t ion of

land , and " r e s u m e d " has a m e a n i n g cor­

responding with t h a t of " r e sumpt ion . "

(2) W h e r e any land described in a Gaze t te notif ication declar ing such land to be so resumed is no t unde r t he provisions of th is A c t the Reg i s t r a r -Genera l shall , upon the appl icat ion of t he person, body, or corporat ion in w h o m the land so described is by v i r tue of such notification vested, and upon p a y m e n t of the fees prescribed, issue to such person, body, or corporat ion a certificate of t i t le

unde r this A c t in respect of such land

wi thou t causing any examina t ion or r epo r t to be m a d e as to the t i t le to t he land and wi thou t considering such t i t le excep t so far as m a y be necessary to give effect to t he provisions of

subsect ion three of th is section.

(3) I n deal ing wi th the appl ica t ion it

shall not be necessary to locate t h e boundar ies of t he Crown g r a n t (if any) of the land, b u t it shall be sufficient if the Reg is t ra r -Genera l is satisfied wi th respect to any certificate of t i t le proposed to be issued by h im in pu r suance of this section t h a t t he land to be comprised in t he certificate is included in the resumed land.

(4) I n any certificate of t i t le issued in
pu r suance of th i s section t he land may be

described in t h e t e rms of or by reference to

t he notification of r e sumpt ion .

' 5 )

(5) No cont r ibut ion to t he assurance

fund shall be payable upon the issue of any

such certificate of t i t le.

((5) This section shall apply to land

resumed before or after t he commencemen t of

t he Conveyanc ing ( A m e n d m e n t ) Act , 1932.

(b) by inserting next after section forty-six the following new section :—-

46A. Where a not ice of r e sumpt ion of land subject to the provisions of th is Ac t , is sent to t h e Reg i s t r a r -Genera l in pu r suance of sec­ t ion 1 9 i i A of the Conveyancing Act , 1919-1932, or a copy of a notification of acquis i t ion unde r t he Lands Acquis i t ion Act, 1906-1916, of land subject to the provisions of th is Act , is lodged with h im, t he following provisions shal l have effect:—

(a) The Reg i s t ra r -Genera l shall , no twi th ­

s t and ing a n y t h i n g in th is A c t con­

ta ined, m a k e such entr ies , notifications, and cancel la t ions in t he register book as may be necessary to g ive effect to t he resumpt ion or acquisit ion.

(b)	"Where the duplicate Crown grant or certificate of t i t le is p resen ted wi th the not ice of r e sumpt ion or t he copy of t he notification of acquis i t ion, t he pro­
visions of th is Ac t re la t ing to the
regis t ra t ion of t ransfer a n d act ion con­

sequen t thereon shall , mu ta t i s mu t and i s , apply to and in respect of such notice or copy of notification.

(c) W h e r e t he dupl ica te Crown g r a n t or certificate of t i t le is no t presented wi th the not ice of r e sumpt ion or t he copy of the notification of acquisi t ion the Regis t ra r -Genera l shall a t the request of the person lodging such not ice or copy of notification, where t he land has been resumed or acqui red for an estate

in

in fee-simple, cancel whol ly or in pa r t as t h e case may requi re t he folium of t h e

regis ter book cons t i tu ted by t h e Crown

g r a n t or certificate of t i t le , and shall

m a k e ou t to t h e cons t ruc t ing au thor i ty

or t he Commonwea l th of Aust ra l ia , or t h e person in w h o m by the notification in t h e Gazet te or in t h e Gove rnmen t

Gazet te of t h e Commonwea l th of

Aus t ra l i a as t h e case m a y be , t he land is vested, a certificate of t i t le for t h e land resumed or acquired.

(d)	If the grant or certificate of title is in the possession of some person o the r t h a n the person, body, or corporat ion in w h o m the land is vested by v i r tue of t h e resumpt ion or acquisi t ion, a n d
such first-named person declines to
deliver it u p for cancel lat ion w h e n
required in wr i t ing by t h e Regis t ra r -

General so to do, t h e g r a n t or cer t i ­ ficate of t i t le shall be deemed to be wrongful ly retained wi th in t he mean ing

of section one hund red a n d th i r ty -s ix

of this Ac t .

(c) by inse r t ing n e x t after section 56A t h e fol­

lowing n e w section :—

56B. (1) W h e r e by an i n s t r u m e n t executed

pr ior to t he first day of J a n u a r y , one thousand

n ine h u n d r e d and th i r ty -one , t he propr ie tor of

a regis tered m o r t g a g e (in th i s section referred

to as t he " pr ior m o r t g a g e " ) has agreed to postpone such mor tgage in i ts en t i r e ty to a m o r t g a g e (in th is section referred to as t h e " subsequen t mor tgage ") affecting the whole of t he same land, and no o ther land which was regis tered or to be regis tered after t h e pr ior m o r t g a g e , t he Reg i s t r a r -Genera l m a y reg i s te r

a n y deal ing by t h e propr ie tor of t he subse­

q u e n t mor tgage as if t h e subsequen t m o r t g a g e

h a d been registered immedia te ly before	t h e
pr ior	mor tgage .

( 2 )

(2) The power conferred by subsect ion one of th is section shall no t be exercised where a registered mor tgage in tervenes between the pr ior mor tgage and the subsequent mor tgage miless t he propr ie tor of the i n t e rven ing mor t ­

gage was joined as a pa r ty to the i n s t r u m e n t

pos tponing the pr ior mor tgage , or by ins t ru­ m e n t in t h e prescribed form, consents to t he exercise of such power.

(3) U p o n regis t ra t ion of a n y such

deal ing t he Resristrar-General shal l m a k e all

such entr ies , notifications, and cancel lat ions in t he register-book a n d upon the dupl ica te Crown gran t , certificate of t i t le , or o ther i n s t r u m e n t evidencing t i t le to t he es ta te or in teres t affected as may be necessary to give effect to such deal ing.

(d)	by inserting at the end of subsection one of section one hund red a n d seven t h e words " not
be ing a p a r t y to t h e i n s t r u m e n t . "
(e)	by inserting in section one next after the
m a t t e r re la t ing to P a r t V t h e fo l lowing:—

P A P . T V A . — I S S U E S OE C E R T I F I C A T E S OE

T I T L E EOIt R E S U M E D L A N D — S. 31A.

(2) The Conveyanc ing Act, 1919-1930, is fur ther
amended by omi t t i ng from subsection four of section 196A

t h e words " a s if t h e same were a m e m o r a n d u m of

t ransfer duly execu ted unde r t h a t A c t " and by inse r t ing

in l ieu thereof the words " i n t h e m a n n e r provided in

t h a t A c t . "

(3) The fol lowing Ac t s are to t h e e x t e n t in this

subsect ion ment ioned hereby repealed :—

(a)	D a r l i n g	H a r b o u r	L a n d	Titles	Act ,	1907,	t he
whole .

(b) Sydney H a r b o u r Trus t L a n d Tit les Act , 1909,

section three , subsection two.

(c) Sydney Corporation Act, 1932, section two hund red and fifty-one.

5 . The Wi l l s , P roba t e and Admin i s t r a t ion Act , 1898,

is a mende d :—

(a) (i) by inse r t ing a t t he end of subsect ion one

of section 4 6 D the words " o r of	any
legacies bequea thed by such will " ;

(ii)    by omitting from subsection two of the same sect ion t he words " and liabilities " and by inse r t ing in l ieu thereof t he words " l iabili t ies and legacies " ;

(iii)   by omitting from subsection three of the same ssct ion t h e words " and liabilit ies " and by inser t ing in l ieu thereof t he words " l iabil i t ies and legacies " ;

(b) by inser t ing a t t he end of p a r a g r a p h two of

P a r t I of t he Th i rd Schedule the words :—

I n t he appl ica t ion of such ru les t he date of
t he dea th of t he deceased person shal l be sub­
s t i tu ted for t he da te of t he seques t ra t ion order.

(1) A n y a l tera t ion of t h e law by th is Ac t shall no t affect any act ion, sui t or proceeding commenced on or after t h e first day of J a n u a r y , one t housand n ine

6 .

h u n d r e d and th i r ty-one , and concluded before or p e n d i n g

a t t he commencemen t of th is Act .

(2) A n y action, sui t or proceeding so pend ing may be carried on and comple ted as if th is A c t had n o t been enacted.

W E S T E R N