Ejectments Postponement (Amendment) Act 1932 (NSW)

EJECTMENTS POSTPONEMENT

An Act to amend the Ejectments Postponement Act, 1931. and certain other Acts in certain respects; and for purposes con- nected therewith. [Assented to, 17th Oc- tober, 1932.] BE

(AMENDMENT) ACT.

Act No. 26, 1932.

BE it enacted by the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­
Wales in Parl iament assembled, and by the au thor i ty of the same, as follows : —

1 . This Act may be cited as the " E j e c t m e n t s Post­

ponement (Amendment) Act, 1932."

2. The Ejec tments Pos tponement Act, 1931, is

amended—

(a)	by omitting from section two from the definition
of "dwe l l ing -house" the word " n o w " ;
(b)	by omitting subsection one of section four and by inser t ing in lieu thereof the following new subsect ions:—

(1) Where in any court an order or judg­ ment for the recovery of possession of any dwelling-house or for the ejectment of the occu­ pier therefrom is made, recorded, signed or given, the court, upon the applicat ion of the occupier, and upon being satisfied tha t he is in impoverished circumstances shall, notwithstand­ ing anyth ing contained in the Common Law P r o ­ cedure Act, 1899, or any other Act or in the rules of court made under any Act s tay or suspend execution on any such order or judgment or postpone the date of possession for a period to end not less than three months from the date of the occupier 's application.

(1A) Where the order for the recovery of pos­ session of a dwelling-house is made under the

Landlord and Tenan t Act, 1899, an applicat ion

by the occupier under subsection one of this section may be made at the t ime of the hea r ing of the applicat ion for or the making of the order for the recovery of possession.

( l B ) W h e r e the action or proceeding for t he

ejectment of an occupier of a dwelling-house is inst i tuted in the Supreme Cour t or in the dis­ t r ic t court, an applicat ion under subsection one of this section may be lodged by the occupier a t any t ime after the inst i tut ion of such action or

proceeding,

proceeding, and before the judgment in such action or proceeding is executed; and if an appli- cation is so lodged a judgment for the ejectment of the occupier shall not be executed until such application has been heard and determined.

(c) by inserting after section seven the following new section:—

7A. The judges of the Supreme Court and the judges of the district court respectively may make rules of court regulating the procedure in the Supreme Court and in the district court respectively in all matters arising under this Act.