Deeds Registration Act 1861 No 4a (NSW)

No. VII.

An Act to further amend the Law relative to the

Registrat ion of Deeds affecting Real Estate ,

[20th March, 1861.]

WH E R E A S n u m b e r one i t was enac ted t h a t n o I n s t r u m e n t thereaf ter

by section e ighteen of t h e Ac t twenty-second Victor ia

executed and registered u n d e r t h e provisions of any Ac t in force for

t h e Reg i s t r a t i on of Deeds should lose any pr io r i ty to which i t would

be ent i t led by v i r tue of such regis t ra t ion by reason only of bad faith

in t he conveying p a r t y if t h e p a r t y beneficially t a k i n g unde r such

I n s t r u m e n t acted bona fide a n d the re was a va luable considerat ion for

t h e same paid or given A n d whereas i t is expedient to ex tend the said provisions of t h e said A c t as here in provided Be i t therefore enac ted by t h e Queen ' s Mos t Exce l l en t Majesty b y and wi th t he

advice and consent of t he Legislat ive Counci l a n d Legislat ive Assembly

of N e w Sou th W a l e s in P a r l i a m e n t assembled and by the au thor i ty of

t h e same as follows :—

I . N o I n s t r u m e n t executed pr ior t o t h e commencement of the

said hereinbefore men t ioned A c t a n d regis tered a t any t i m e unde r t he

provisions of any A c t in force for t h e Reg i s t r a t ion of Deeds shall lose

or be deemed to have lost a n y pr ior i ty t o which i t wou ld be en t i t l ed

by v i r tue of such regis t ra t ion by reason only of bad faith in t h e con­

veying pa r ty if the pa r ty beneficially t a k i n g u n d e r such I n s t r u m e n t

ac ted bond fide and the re was a va luable considerat ion for t h e same

paid or given	Provided t h a t n o t h i n g here in shall	ex tend to any	case
whe re	a n adverse t i t le has been establ ished	b y	t h e j u d g m e n t of any
competent	Court or shall hereaf ter	be es tabl ished by any such	j u d g ­

m e n t in any action or suit now p e n d i n g or which shall be commenced

wi th in twelve m o n t h s after t h e pass ing hereof.