Financial Emergency Relief Extension Act of 1932 (23 Geo v No. 10) (Qld)

14084 COMMONWEALTH AND STATES. Financial Nmergency Relief Extension Act. 23 GEO. V. No. 10, BRISBANE CRICKET GROUND. See PART H., COMPANIES. BUILDING IMPROVEMENT. See BANKS. BULLS, LICENSING OF. See STOCK (2). BUREAU OF INDUSTRY. 1 See INDUSTRY. CLOSER SETTLEMENT. See LANDS, CROWN (1). COMMONWEALTH AND STATE, AGREEMENT RE INSPECTION AT ABATTOIRS. See PART H., STOCK. COMMONWEALTH AND STATES. 23 N G o. eo 1 . 0 V . . An Aot to Provide for the Continuanoe of the Opera- THE tions of "The Purohasers of Homes Relief FINANCIAL EMERGENCY Aot of 1930," of Part VI. of "The RELIEF EXTENSION Financial Emergenoy Aot of 1931," "The ACT OF 1932. Mortgagors Relief Aot of 1931," and "The· Lessees' Relief Aot of 1931"; and to Amend the said Aots in oertain partioulars. [ASSENTED TO 18TH OCTOBER, 1932.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Ss a t n hr d uocr c tt o ito n int - l.e Emer 1 g . en T c h y is Re A lie c f t E m xt a e y nsio b n e A c c it t ed of a 1 s 93 " 2 T ." he Financial

1932. COMMONWEALTH AND STATES. Financial Emergency Relief Extension Act. 14085 PART I.- PRELIMINARY. 2. This Act is divided into Parts, as follows- Parts of Act. PART I.-PRELIMINARY; PART II.-*"THEPURCHAS"ERS OF HOMES RELIEF ACT OF 1930" EXTENSION AND AMENDMENT; PART III.--t" THE FINANCIAL EMERGENCY ACT OF 1931," PART VI., EXTENSION AND AMENDMENT; PART IV.-t" THE MORTGAGORS RELIEF ACT OF 1931" EXTENSION AND AMENDMENT; PART V.-§"THE LESSEES' RELIEF ACT OF 1931" PART EXTENSION AND AMENDMENT; PART VI.-GENERAL. II.-" THE PURCHASERS OF HOMES RELIEF OF 1930" EXTENSION AND AMENDMENT. ACT PARTII.- "THE PUROHASERS OF HOMES RELIEF ACT OF 1930" EXTENSION AND AMENDMENT. 3. This Part shall be read as one with *" The Construction Purcha8er8 of Home8 Relief Act of 1930 " and the Order of Part H. in Council of the seventeenth day of December, one thousand nine hundred and thirty-one, exte~ ding the operation of the said Act to the thirty-first day of December, one thousand nine hundred and thirty-two (as set forth in the Gazette of the nineteenth day of December, one thousand nine hundred and thirty-one, at page one thousand eight hundred and thirty-five), which Act and Order in Council are referred to in this Part as the Principal Act. The Principal Act as amended by this Part may collectively be cited as "The Purcha8er8 of H ome8 Relief Act8, 111930 to 1932." 4. Subsections one and two of section three of the Amendment Principal Act are repealed, and the following subsections of s. 3. are inserted in lieu thereof, namely:- "(1.) This Act shall be deemed to have come into Operation of operation on the eighteenth day of December, one Act. thousand nine hundred and thirty, and shall continue in force until the thirty-first day of December, one thousand nine hundred and thirty-three: * 21 Geo. V. No. 33, 8upra, page 13094. t 22 Geo. V. No. I, 8upra, page 13402. t 22 Geo. V. No. 6, 8upra, page 13848. § 22 Geo. V. No. 28, 8upra, page 13828. 11 VeFhally corrected- H 1930" substituted for "1931."

14086 COMMONWEALTH AND STATES. PART II.- " THE PUROHASERS Financia( ]i) merg~ ency Relief Extension Act. 23 GEO. V. No. 10, OF HOMES R;~ ~ ~3t~ Provided that the Governor in Council may from EXTENSION time to time, if in his discretion he thinks fit, by Order AME~ ~ ~ ENT. in Council published in the Gazette extend the provisions of this Act together with any additions or amendments thereto or modifications thereof for such time as shall be expressed in any such Order in Council: Provided further that an order of the Court made under this Act shall be operative and of full force and effect to the extent of such order, notwithstanding the expiration of this Act on the thirty-first day of December. one thousand nine hundred and thirty-three, or such extended time as may be prescribed by any Order in Council as aforesaid. (2.) This Act shall apply in respect of a mortgagor who was a mortgagor (as defined in this Act) at the date of the passing of *" The Purchasers of Homes Relief Act of 1930," and also in respect of a mortgagor who is a mortgagor (as defined in this Act) at the date of the passing of tee The Financial Emergency Relief Extension Act of 1932." Act not to bind the Crown (3.) The provisions of this Act shall not apply to any mortgage given to secure any moneys payable to the Crown or to any body representing the Crown, or to any officer or body acting for and on behalf of the Crown. Act to ~ pply But notwithstanding the foregoing provisions of C to u~ P at u o b r l . le this subsection, this Act shall apply to the Public Curator constituted pursuant to the provisions of t" The Public Ourator Acts, 1915 to 1926." Application (4.) In addition to and without limiting the of provisions of this Act, the provisions of " The Mortgagors :~ ~ ! 11~ ~ : , Relief Acts, 1931 to 1932," and of Part VI. of §" The and Part VI. Financial Emergency Act of 1931," as amended by ~~ : cial t" The Financial Emergency Relief Extension Act of !mergency 1932," shall, mutatis mutandis, apply and extend to cts. any mortgage or mortgagor or mortgagee under this Act, but so that the Court under this Act shall be the Magistrates Court." Subsections three and four are renumbered five and six accordingly. * 21 Geo. V. No. 33, 8upra, page 13094. t 23 Geo. V. No. 10 (this Act). t 6 Geo. V. No..14 and amending Acts, 8upra, pages 7056 et 8eq. § 22 Geo. V. No. I, 8upra, page 13402.

COMMONWEALTH AND STATES. 14087 PART II.- 1932. Fina11,cial Emergency Relief Extension A.ct. "THE PUROHASERS OF HOMES 5. A new section is added after section four of the ~ ; Y~ ' 3t~ Principal Act, as follows :-- EXTENSION AND " [4A.] Notwithstanding anything in this Act to AMENDMENT. the contrary contained, a mortgagor who has, prior to ~ ~ ~ tgagor the passing of *"The Financial Emergency Relief Extension ap-,?lied for Act O 'J f 1932 , " applied for an order of relief under the r P e r l m ~ e C f l.puanlder Principal Act, shall not be debarred from making a Act not further application for relief under the Principal Act ~ ~ bar~edthe as amended by *" The Financial Emergency Relief ap~ ca~ on. r Extension Act of 1932," and any such mortgagor shall be competent to apply to the Court for a further order of relief and to obtain any further order for relief which the Court may in its discretion think fit to grant: Provided that nothing in this section shall prejudice or affect the powers and absolute discretion of the Court m . gran t' mg or re f us ' mg any suc h applica t' IOn. " PAR " T T I H l E l . - FINANCIAL E,MERGENOY ACT OF 1931," PART IIl.-" THE FINANCIAL EMERGENCY ACT OF 1931," : E; : N~ ~ N PART VI., EXTENSION AND AMENDMENT. AME~ ~ ~ ENT~ M 6. This Part shall be read as one with" Part VI.- ~ Con ~ stru ~ ction ORTGAGORS' RELIEF IN RESPECT OF INTEREST" of t"The Financial Emergency Act of 1931 " (herein in this Part Ill. of this Act referred to as " this Part"). 7. Section fourteen of this Part is repealed and the following section is inserted in lieu thereof, namely :- " [14.] With the object of providing for the reduction MO, rtg~ gors' of the rates of interest in respect of certain mortgages ; : ! ~ ! c~ nof as hereinafter defined, and to enable tribunals to make interest. certain orders in respect of certain reductions of the rates of interest or to exercise such powers as are prescribed, the following provisions are enacted as hereunder set forth." 8. A new paragraph and subsection are added to Amendment section fifteen of this Part, and the bracket and figure of s. 15. " (1.)" are inserted after" 15," as follows :- "The date of the coming into operation of this Part is the first day of July, one thousand nine hundred and thirty-one, which date was fixed by Proclamation published in the Gazette of the thirtieth day of June, one thousand nine hundred and thirty-one. * 23 Geo. V. No. 10 (this Act). t 22 Geo. V. No. I, supra, page 13402.

14088 COMMONWEALTH AND STATES. PAR'l'III.- F;; '~~AL Financial Emergency Relief Extension Act. 23 GEO. V. No. 10, EMERGENCY ACPA~ ~ ~ f. : , , , (2.) The provisions of this Part shall not apply to EXT: : ~ ION any mortgage given to secure any moneys payable to AMENDMEN'l'. the Crown or to any body representing the Crown, or ! ' ; ~ iyn~ ; to to any officer or body acting for and on behalf of the Crown. Crown. Part to apply to Publio Curator. But notwithstanding the foregoing provisions of this subsection, this Part shall apply to the Public Curator constituted pursuant to the provisions of *" The Public Ourator Acts, 1915 to 1926." " Amendment of B. 16. follow 9 s . : S-ection sixteen of this Part is amended as The definition of "Mortgage" is repealed and a new definition is inserted in lieu thereof as follows : - Mortgage. " "Mortgage" means any deed, memorandum of mortgage, instrument, or agreement whereby security for payment of moneys or for the performance of any contract is granted over real or personal property or any interest therein, and includes an agreement for sale and purchase of real and personal property where payment of the unpaid purchase money and interest thereon is secured on such property; and also includes an equitable mortgage by deposit of title deeds and any document by which the duration of the mortgage is extended or by which any provision of the mortgage is varied. For the purposes of this Part an agreement for sale and purchase of land shall be deemed to be a mortgage of such land to secure payment of the unpaid purchase money and interest thereon and fulfilment of the conditions set forth in the agreement. Without in any wise affecting the generality of this definition, the term " Mortgage" shall also include a hire- purchase agreement. The term "Mortgage" shall also include a mortgage payable on demand, and shall also include any security given in respect of a bank overdraft payable on demand." * 6 Geo. V. No. 14 and a.mending Acts, 8upra, pa.ge 7056 et Beg.

COMMONWEALTH AND STATES. 14089 PART I1I.- 1932. Finalftcial Emergency Relief Extelftsion Act. "THE FINANCIAL EMERGENOY The definition of "Mortgagor" is repealed and the AC P T AR O T F V 19 I 3 ., 1," following definition is inserted in lieu thereof, namely;- EXTENSION AND " "Mortgagor" means a person liable under the AMENDMENT. provisions of a mortgage or entitled to redeem Mortgagor. a mortgage, and includes any person who has guaranteed the payment of any money the payment of which is secured by a mortgage or the performance by the mort- gagor of any covenant, condition, or agree- ment expressed or implied in the mortgage, whether such guarantee is expressed in the mortgage or in any. other instrument; and also includes any person against whom a mortgagor has a legal or equitable right of indemnity in respect of any liabilities under the mortgage." The following definition is inserted after the definition of "Mortgagee" as follows :- " "Hire-purchase agreement"-A hire-purchase Hire- agreement with respect to goods or chattels, ; ; : : ~ ! ~ ~ t. and includes a letting of goods or chattels with an option to purchase and an agreement for the payment of goods or chattels by instalments, whether such agreement describes such instalments as rent or hire or otherwise. For the purposes of this Part a hire- purchase agreement relating to goods or chattels shall be deemed a mortgage of such goods or chattels to secure the fulfilment of the conditions set forth in the agreement and the paymeut of the amount of instalments upon payment of which subject to such fulfilment the goods or chattels would under the agreement become the property of' the hirer." The following definition is inserted after the definition of " Hire-purchase agreement," namely:- " " Interest payable under the mortgage" means Interest interest at the rate which the mortgage ~: ~ :~ l:he provides shall be payable and includes mortgage. interest payable at any reduced rate which is substituted therefor in case of punctual payment ;" B

14090 COMMONWEALTH AND STATES. PART III.- FIN "T AN H C E IAL Financial Elm.ergency Relief Extension Act. 23 GEO. V. No. 10, E'MERGENOY AOT OF 1931," PART VI., In the definition "this Part," after the words EXT A E N N D SION "this Act," the words "(including the amendments AMENDMENT. made by *" The Financial Emergency Relief Extension Act of 1932 ")" are inserted; also after the word " Proclamation" the words "Rule of Court" are inserted. Amendment 10. Section seventeen of this Part is amended by Aofpp 8 l . i 1 c 7 a . tion omitting all words after the word" apply" to the end of Part. of the section, and by inserting in lieu thereof the words "to all mortgages as defined in section sixteen (as amended by section nine of *" The Financial Emergency Relief Extension Act of 1932 ") existing at the first day of July, one thousand nine hundred and thirty-one, and also to all mortgages as so defined existing at the passing of *" The Financial Emergency Relief Extension Act of 1932," subject always to the provisions of this Part." 11. After section seventeen of this Part, the following new sections are inserted, namely :- Reduction of " [17 A.] (1.) Every mortgage to which this section interest. applies shall be construed and take effect as if it were a term of the mortgage that on and from the passing of *" The Financial Emergency Relief Extension Act of 1932" the interest payable under such mortgage and accruing after the passing of such lastmentioned Act should be reduced at the rate of four shillings and six pence for every pound of such interest calculated as provided by such mortgage. (2.) The provisions of this section shall not have the effect of reducing the interest payable under any mortgage to a rate less than me pounds per centum per annum. (3.) Notwithstanding anything in this Part contained, the maximum rate of reduction of interest, as prescribed by subsection one of this section in respect of any such mortgage to which this section applies, shall be inclusive of any reduction of interest made by, any order of the Court pursuant to the provisions of Part VI. of t" The Financial Emergency Act of 1931" prior to the passing of *" The Financial Emergency Relief Extension Act of 1932," and shall also be inclusive of any reduction of interest made by the mortgagee * 23 Geo. V. No. 10 (this Act.) t 22 Geo. V. No. I, 8upra, page 13402. .. 1

1932. COMMONWEAtTH AND STATES. f ~- - -- - - Financial Ernergen y Relief Extension Act. 14091 PART III.- " THE FINANCIAL EMERGENCY : ~ t: F-~ re~ !: £ f: r: i7~ : ~~ t: t~ ~ : ~ f: ~ ~ ~ Ji: ~ { f~ ~ ? j ; :~ ; !~ " Emergency Relief Extens~ n Act of 1932," and to the intent that the total red ction of interest in respect of the mortgage shall not exceed the rate of four shillings and six pence in the pound for every pound of such interest. Where the rate of reduction prescribed by subsection one of this section is greater than the rate of reduction prescribed by any order of the Court, or greater than the rate of reduction made by a mortgagee otherwise than pursuant to an order of the Court, the rate of reduction prescribed by subsection one of this section shall apply only in respect of interest accruing due after the passing of *" The Financial Emergency Relief Extension Act of 1932." (4.) The provisions of this section shall only apply to mortgages as defined in section sixteen of this Part (as amended by *" The Financial Emergency Relief Extension Act of 1932 "), which were in existence on the first day of July, one thousand nine hundred and thirty-one, and which were still in existence at the date of the passing of *" The Financial Emergency Relief Extension Act of 1932"; and for the purposes of this section, the amendments made to section sixteen shall be deemed to have been made therein on the first day of July, one thousand nine hundred and thirty-one: Provided that this section shall not apply to any fluctuating advance which- (a) Is made by way of bank overdraft secured by a mortgage; or (b) Is made by way of overdraft, secured by a mortgage, by any corporation or company registered or deemed to be registered under t" The Companies Act of 1931," tor a primary producers' co-operative association registered under §"The Primary Producers' Co-operative Associations Acts, 1923 to 1926," or registered firm under [[" The Registration * 23 Geo. Y. No. 10 (this Act). t 22 Geo. Y. No. 53, supra, page 13433. t Words from" or a primary" to "1923 to 1926" inserted by section 82 (2) (a) of "The Industrial Oonciliation and Arbitration Act of 1932." § 14 Geo. V. No. 45 and 17 Geo. V. No. 4, supra, pages 10766 and 11652. " 2 Edw. V. No. 12 and 3 Geo. V. No 27, supra, page 5795.

14092 PART UI.- " THE FINANCIAL EMERGENOY ACT OF 1931," PART VI., EXTENSION AND AMENDMENT. COMMONWEALTH AND S'PATES. Financial Eymergency Rdiet Extension Act. 23 GEO. V. No. 10, of Firms Acts, 1902 to 1912," in connection with the business of which such corporation, company, *primary producers' co-operative association or firm similarly lends money on overdraft, notwithstanding that any such mortgage referred to in paragraphs (a) or (b) was in existence on the first day of July, one thousand nine hundred and thirty-one. The term" fluctuating advance" means an advance to the mortgagor which fluctuates in amount from time to time according to the terms and conditions expressed in the mortgage securing such advance or in any other instrument or security in relation thereto: Provided that in any case where a mortgage is given to a mutual loan building society registered under t" The Building Societies Act of 1886" by a member of such society, the provisions of this section shall not apply notwithstanding that any such mortgage was in existence on the first day of July, one thousand nine hundred and thirty-one. The term "Mutual loan building society" shall mean a building society the rules of which provide that any surplus profits of the society shall be divisible among the members of the society, whether borrowers or investors. Application [17B.] (1.) Any mortgagee affected by the provisions by of section 17 A of this Part may at any time within six mtoomrtogdagifeye months after the passing of t" The Financial Emergency or exclude Relief Extension Act of 1932" make application in opfrosv. i 1 s 7 io A n . s accordance with this section to a Court for an order modifying or excluding the operation of the said provisions in relation to such mortgage. (2.) Such application to the Court shall be by summons calling upon the mortgagor to show cause why the operation of the provisions of section 17A of this Part should not be modified or excluded in relation to the mortgage on the grounds specified in the summons. The summons shall be in or to the effect of the prescribed form or according to the practice of the Court, and shall be served according to the practice * 'Words" primary produnerd' co.operative a%ociation" inserted by Bection 82 (2) (a) of "The Industrial Oonciliation and Arbitration Act of 1932." 'r .sO 'Vie. No. 34, supra, page 3192. t 23 Geo. V. No. 10 (this Act).

OOMMONWEALTH AND ST'ATES. 14093 PART III.- 1932. Financial Emergency Relief Extension Act. " THE FINANCIAL EMERGENCY o f t h e C ourt or as preSCrI 'b e d upon t h e mortgagor an d upon AC P T AR O T F V 19 I 3 ., 1 ' " such other persons, if any, as may be prescribed or EX~ ~ ION directed by the Court. AMENDMENT. (3.) The mortgagor or any such person may before the hearing of the application lodge an application according to the practice of the Court or in the manner prescribed in objection to the granting of the application, and shall be entitled to be heard in support of such objection. (4.) Upon the hearing of the application the Court may make such order as it deems just modifying or excluding the operation of the provisions of section 17 A of this Part in relation to the mortgage if the mortgagee satisfies the Court that- (a) The interest has already been reduced; or (b) The rate of interest was fixed subsequently to the first day of March, one thousand nine hundred and thirty-one, and such rate was by reason of the anticipation of a general reduction of interest rates by legislative action or otherwise fixed at a, lower rate than would otherwise have been provided. (5.) In the hearing of any such application the Court may also take into consideration the matters and things referred to in subsection five of section eighteen' of this Act, which shall mutatis mv.tandis apply accordingly. (6.) The Court may direct the summons to be served upon any person it thinks fit, and such person shall be entitled to appear and be heard. (7.) The Court may make such order for the payment of costs as it deems just. [17e.] (1.) Where there are several persons having ~ pr~ nta. the same interest in any mortgage or having or claiming tlve or ere. whether jointly or severally any right of relief in respect of the same mortgage or series of mortgages, anyone or more of such persons may apply to the Court for an order appointing one or more persons to make an application under section 17B of this Part on behalf or for the benefit of all such persons. An application under this subsection shall be made as prescribed by Rules of Court, or according to the practice of the Court, and the Court may, subject to

14094 COMMONWEALTH AND STATES. PART nI.- FIN" A' rNI' CHIEAL Financial Bmergency Relief Extension Act. 23 GEO. V. No. 10, EMERGENCY - - -...- - - - - - - - - - - - - - - - - - - - - - - - ;\C P T AR O T F V 19 I 3 . 1 ,' " such condI' tl.Ons as may be pr'esbcrI ed by such ru I es or EXTENSION as the Court may order, appoint one or more persons to AME~ ~ ~ ! ENT, make the application under section 17B accordingly. An order of the Court made under section 17B upon the application of the person or persons so appointed shall bind all the mortgagees so represented and the mortgagor. (2.) Any mortgagee being the holder of several mortgages from separate mortgagors, and desirous of having the provisions of section 17 A modified or excluded in relation to all such mortgages, may upon taking out a summons against anyone of such mortgagors under section 17B of this Part apply to the Court for special directions as to service. The Court may make an order for service of the summons on such persons as it thinks fit to represent all the mortgagors, and may direct such advertisement by the applicant of notice of the application as the Court may think proper. (3.) Upon compliance with an order made under subsection two of this section the summons shall be deemed to have been served on every mortgagor affected thereby, and every such mortgagor shall be bound by any order made thereon modifying or excluding the provisions of section 17 A of this Part. Preference [17D.] (1.) Any company incorporated under any *" AstohpapCreloiscu.artti.on Act Th o e r O re o g m i p st a e n r i e e d s A o c r t d o e f em19e3d1 " toorbeanryegsihsaterreehdolduenrdeorf such company may at any time within twelve months after the passing of t" The Financial Emergency Relief Extension Act of 1932," or such extended time as may be prescribed by the Governor in Council by Order in Council published in the Gazette, apply to the Court for any order modifying the rights of the holder of a preference share in any such company. Notice of (2.) Notice of any such application shall be served application. upon such persons or class of persons or shall otherwise be given in such manner as the Court may direct. Jurisdiction (3.) The Court shall consider any such application of Court. relating to the preference shares concerned and the * 22 Geo. V. No. 53 supra, page 13433. t 23 Geo. V. No. 10 (this Act).

COMMONWEALTH AND STATES. 14095 - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1932. Financial Emergen.cy Relief Extension. Act. " 'THE FINANCIAL EMERGENOY hoIder t hereof, and sha11 have authon·ty and" JUrIS dictl. On AO P T AR O T F V 19 I 3 ., 1," to make such order in relation thereto as it shall in its EX:E!ION absolute discretion think fit. AMENDMENT. 'Without in any wise limiting the discretion of the Court in the granting or refusing to make any order under this section or the order of the Court, any such order may contain all or any of the following provisions, namely:- (a) That the right of the holder of a preference share in the company concerned to receive in preference or priority £0 any other shareholder in the company a dividend at a specified rate shall, in respect of so much of any period for which a dividend is declared after the commencement of *" The Financial Emergency Relief Extension Act. of 1932 " as is subsequent to such commencement, be deemed to be modified by the substitution for such specified rate of a rate less than such specified rate by twenty-two and one-half per centum thereof (or such lower per centum as the Court may fix), or of a rate of five per centum, whichever is the higher; (b) That where the holder of a preference share has a right at the commencement of *" The Financial Emergency Relief Extension Act of 1932" to participate in the profits of the company after payment to other shareholders of a dividend at a specified rate, any memorandum of association, articles of association, or other instrument or resolution governing the rights of shareholders in the company shall, in respect of so much of any period for which a dividend is declared after the commencement of *" The " Financial Emergency Relief Extension Act of 1932" as is subsequent to such commencement, be deemed to be modified by the substitution for such specified rate of l a rate less than such specified rate by twenty-two and one-half per centulf thereof * 23 Geo. V. No. 10 (this Act).

14096 COMMONWEALTH AND STATES. PART III.- "THE FINANCIAL EMERGENCY ACT OF 1931," PART VI., EXTENSION AND AMENDMENT. Financial E)mergency Relief Extension Act. 23 GEO. V. No. 10, (or such lower per centum as the Court may fix), or of a rate of five per centum, whichever is the higher; (c) That where the rate of dividend to which a holder of a preference share is entitled is limited to a specified rate, and that specified rate is modified by the operation of paragraph (a) aforesaid, the holder of the preference share shall be entitled to a right to participate by way of dividend in the profits of the company equally with other shareholders after such other shareholders have received a dividend equal to that received by him- But that this section shall not be construed to entitle the holder of a preference share to receive a ' dividend at any rate higher than the specified rate. Meaning of " specified rate." (4.) In this section the" specified rate" means the rate specified in the memorandum of association, articles of association, or other instrument or resolution governing the rights of shareholders in a company in relation to their participation in the profits of the company by way of dividend. 6ow~ \ of (5.) If, however, on the hearing of any such re~~ se o~ der. application as aforesaid the Court, after considering the grounds upon which the application is made and the grounds on which any such application is opposed and all other circumstances of the case, is of opinion that such application should be refused, the Court may make an order refusing such application for relief under this section accordingly. Costs. (6.) The costs of any application under this section shall be in the absolute discretion of the Court. Cthoaovuceertrrtmeagianayrd order (7 u .) ndTehre thCios usret, ctiionn, thme aymahkaivneg roegr arredfugseinnegraollfy atno Acts. the provisions of *" The Financial Emergency Act of 1931" (as amended by t" The Financial Emergency Relief Extension Act of 1932 "), and to the provisions of t" The Mortgagors Relief Acts, 1931 to 1932." Meaning of " Court." (8.) For the purposes of this section the term " Court" shall mean the Supreme Court, and shall not include the Magistrates Court." * 22 Geo. V. No. 1, 8upra, page 13402. t 23 Geo. V. No. 10 (this Act). t 22 Geo. V. No. 6, 8upra, page 13848. (See Part IV. of this Act).

COMMONWEALTH AND STATES. 14097 PART III.- 1932. Finarncial Emergency Relief Extension Act. " THE FINANCIAL EMERGENCY 12. Section eighteen of this Part is amended as AC P T AR O T F V 19 I 3 ., 1," follCYWs : - EXTENSION AND (a) Subsection one is repealed, and a new subsection AMENDMENT. is inserted in lieu thereof, namely :- ~ ~ ~~ ~ :nent " (1.) Any mortgagor to which this section applies, by notice in the prescribed form, may apply to the Court at any time within twelve months after the first day of July, one thousand nine hundred and thirty-two, or such extended time as may be prescribed by the Governor in Council by Order in Council published in the Gazette, for reduction of the rate of interest payable under such mortgage to which this section applies." (b) Subsection five is amended by inserting the following additional paragraphs after paragraph (a) as follows :- "(ai.) The nature of the mortgage, including the nature of the security for the loan concerned; (aii.) The extent to which relief has been granted pursuant to any order of the Court or pursuant to any voluntary reduction of interest made by the mortgagee; (aiii.) That the rate of interest was fixed subse- quently to the first day of July, one thousand nine hundred and thirty-one, or that such rate was by reason of the anticipation of a general reduction of interest rates by legislative action or otherwise fixed at a lower rate than would otherwise have been provided." (c) A new subsection is added to the said section, namely:- " (10.) The provisions of this section shall only apply- (a) To mortgages as defined in section sixteen of this Part (as amended by *" The Financial Emergency Relief Extension Act of 1932 "), which were made and executed subsequent to the first day of July, one thousand nine hundred and thirty-one, and which were in existence at the date of the passing of *" The Financial Emergency Relief Extension Act of 1932 " ; * 23 Geo. V. No. 10 (this Act).

14098 COMMONWEALTH AND STATES. PART III.- " THE FINANCIAL EMERGENCY ACT OF 1931," PART VI., EXTENSION AND AMEND1IENT. Financial E<mergency Relief Extension Act. 23 GEO. V. No. 10, (b) To any fluctuating advance which- (i.) Is made by way of bank overdraft secured by a mortgage; or (ii.) Is made by way of overdraft, secured by a mortgage, by any corporation or company registered or deemed to be registercd under *" The Companies Act of 1931," tor a primary producers' co-operative associa- ciation registered under t" The Primary Producers' Co-operative Associations Acts, 1923 to 1926," or registered firm under §" The Registration of Firms Acts, 1902 to 1912," in connection with the business of which such corporation, company, tprimary producers' co-operative associa- tion or firm similarly lends money on overdraft, whether any such mortgage referred to in provisions (i. ) and (ii.) aforesaid was in existence on the first day of July, one thousand nine hundred and thirty-one, or was made and executed subsequent to such date, and which in either case is in existence at the date of the passing of il" The Financial Emergency Relief Extension Act of 1932." The term " fluctuating advance" means an advance to the mortgagor which fluctuates in amount from time to time according to the terms and conditions expressed in the mortgage securing such advance or in any other instrument or security in relation thereto; (C) To any mortgage given to a mutual loan building society registered under~ " The Building Societies Act of 1886 " by a member of such society, whether in existence on the first day of July, one thousand nine hundred and thirty-one, or made or executed * 22 Geo. V. No. 53, supra, page 13433. t Words" or a primary" to" 1923 to 1926" inserted by section 82 (2) (b) of " The Industrial Conciliation and Arbitration Act of 1932"; also words " primary producers' co-operative association" inserted by s ]'me section of that Act. t 14 Geo. V No. 45 and 17 Geo. V. No. 4, supra, pages 10776 ani 11652. § 2 Edw. VII. No. 12 and 3 Geo. V. No. 27, supra, page 5795. 11 23 Geo. V_ No. 10 (this Act). "if 50 Vic_ No. 34, supra, page 3192.

COMMONWEALTH AND STATES. 14099 - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1932. Financial Emergency Relief Extension Act. " THE FINANCIAL EMERGENOY SU bsequent to such date, and wh l · C h' ill el.ther AC P T AR O T F V 19 I 3 . 1 : " case is in existence at the date of the passing EXTEN~ ION of *"The Financial Emergency Relief Extension AME~ ~i\ lENT. Act of 1932." The term" Mutual loan building society" shall mean a building society the rules of which provide that any surplus profits of the society shall be divisible among the members of the society, whether borrowers or in v estors." 13. A new section 18A is inserted after section tiew s. 18A. eighteen of this Part as follows:- " [18A.] Where the mortgagor or the mortgagee Power of alleges that interest is included in any amount or amounts ~ : rt ~ her: to be paid under a mortgage, and that the rate of interest : adi!~ no payable under the mortgage is not readily ascertainable, a~ ertain­ either the mortgagor or the mortgagee may in default 8 e. of agreement apply to the Court for a declaration that interest is so included in such amount or amounts and for the ascertainment of the rate of such interest and for an order for a re<iuction thereof in accordance with this Part. Where the Court orders a reduction of interest Adjust. under this section, the Court may if it thinks fit make ments. such further order as to the adjustment of the amount or amounts so payable as will give effect to the reduction of interest so ordered by the Court." 14. The following further amendments are made Repeal of in this Part, namely:- s. 20. (1.) Section twenty of this Part is repealed and the follbwing section twenty is inserted in lieu thereof : - "[20.] (1.) Every payment of interest made in Effect .of pursuance 0 f sectI.On 17 A hereof, or where an order has reductIon. been made under this Part in pursuance of such order, shall be a full discharge of the mortgagor's liability to payment of interest under the mortgage in respect of the period to which such payment relates. (2.) Every order made under this Part prior to the passing of *"The Financial Emergency Relief Extension Act of 1932" shall apply only in respect of interest that accrued due after the first day of July, one thousand nine hundred and thirty-one. * 23 Geo. V. No. 10 (this Act).

14100 COMMONWEALTH AND STATES. PARTIII.- FIN "T A H NC E IA l L Financial Emergency Relief Extension Act. 23 GEO. V. No. 10, EMERGENCY AC P T AR OF T 1 V 93 I 1 .: " Every reductI.On o,f mterest or order made under EXTAENNDSION this Part subsequent to the passing of *" The Financial AMENDMENT. Emergency Relief Extension Act of 1932" shall apply only in respect of interest accruing due after the passing of *" The Financial Emergency Relief Extension Act of 1932," and such reduction, if granted by the Court, shall take effect from the date of the passing of such lastmentioned Act or from such date as may be fixed by the Court in its order according to the absolute discretion of the Court. (3.) Unless the Court for special reasons otherwise directs- (a) Every reduction of interest made by this Part; and (b) Every order modifying or excluding the application of section 17 A of this Part to any mortgage, shall continue in force during the continuance of the mortgage. (4.) Where no order is made under this Part, or where an order has been so made during the continuance of such order, it shall not be lawful for the mortgagee to demand, sue for, or enforce payment of interest in respect of any period to which such order relates at a rate greater than the rate payable in pursuance of section 17 A hereof or than that allowed by such order. as the case may be. (5.) Every reduction of interest as provided by this Part shall have the effect of relieving, to the extent of such reduction, every guarantor who is liable for the payment of such interest." Amendment of s. 21. (2.) Section twenty-one of this Part is amended by inserting after the words "shall not prevent," where they first occur, the words "the application to the PART IV.- mortgage concerned of the provisions of this Part and MOR " T T G H AG E ORS S hall not prevent. ' ' RElLIEF ACT !OF 1931" AEMXETNAEDNNMDSIEONNT. PART IV.-" E TXHTEENMSIOORNTGAANGDORS. f A il , Ru r EENLDIEMFEN A T C . T OF 1931 " C of oPnsat.rrut cIVtio. n .J 7 . 1 Y r .Lor 1 tg 5 ag . or T s hi R s el P ie a f rt A s c h t al o l f b1e93r1e,a"d haesreoinne inwitthhis t" P T a h r e t referred to as the Principal Act. * 23 Geo. V. No. 10 (this Act). t 22 Geo. V. No. 6, supra, pa.ge 13848.

COMMONWEALTH AND STATES. 14101 PART IV.- 1932. Financial Emergency Relief Extension Act. " THE MORTGAGOBS RELIEF ACT OF 1931 " The Principal Act and this Act may collectively be EXTENSION cI ' t d e as " e T Mortga h gors Re ' l~ ef Acts, 1931 to 1932." A M E N A D N M D E N T . 16. (a) Subsections two and three of section one of Amendment the Principal Act are repealed, and the following new of s. 1. subsections are inserted in lieu thereof, namely:- " (2.) This Act shall be deemed to have come into force on the first day of August, one thousand nine hundred and thirty-one, and shall continue in force until the thirty-first day of December, one thousand nine hundred and thirty-three: Provided that the Governor in Council may from time to time, if in his discretion he thinks fit, by Order in Council published in the Gazette extend the provisions of this Act for such time as shall be expressed in any such Order in Council. (3.) On the thirty-first day of December, one thousand nine hundred and thirty-three, or such date subsequent thereto as may be fixed from time to time by the Governor in Council under the previous subsection as the date of the ceasing of the operation of this Act, this Act shall be deemed to have been repealed." (b) Subsection five is repealed and the following subsection is inserted in lieu thereof :- any " m (5 or . t ) gaTghee gpI. rvoevnisitoonsseocfurthe isanAyctmsohnaellysnoptaaypapblley ttoo CA ap rco p tw l n y no t . t o t t o he the Crown or to any body representing the Crown, or to any officer or body acting for and on behalf of the Crown. But notwithstanding the foregoing provisions of Act to this subsection, this Act shall apply to the Public ?XBc to Curator constituted pursuant to the provisions of *" The Curator. Public Curator Acts, 1915 to 1926."" 1 7. Section two of the Principal Act is amended Amendment as follows :_ of s. 2. The definition of " Mortgage" is repealed and a new definition is inserted in lieu thereof, namely:- " "Mortgage" means any deed, memorandum of Mortgage. mortgage, instrument, or agreement whereby security for payment of moneys or for the * 6 Geo. V. No. 14 and amending Acts, supra, pagcs 7056 et seq.

14102 COMMONWEALTH AND ST'ATES. PART IV.- MOR"TGTAHGEORS Financial F},m.ergency Relief Extension Act. 23 GEO. V. No. 10, RELIEF ACT - - - - - - - - - - OF 1931" EXTENSION performance of any contract is granted over AND AMENDMENT. real or personal property or any interest therein, and includes an agreement for sale and purchase of real and personal property where payment of the unpaid purchase money and interest thereon is secured on such property; and also includes an equitable mortgage by deposit of title deeds and any document by which the duration of the mortgage is extended or by which any provision of the mortgage is varied. For the purposes of this Act an agree- ment for sale and purchase of land shall be deemed to be a mortgage of such land to secure payment of the unpaid purchase money and interest thereon and fulfilment of the conditions set forth in the agreement. Without in any wise affecting the generality of this definition the term " Mortgage" shall also include a hire-purchase agreement. The term " Mortgage" shall also include a mortgage payable on demand, and shall also include any security given in respect of a bank overdraft payable on demand." The definition of " Mortgagor" is repealed and the following definition is inserted in lieu thereof, namely:- Mortgagor. " "Mortgagor" means a person liable under the provisions of a mortgage or entitled to redeem a mortgage, and includes any person who has guaranteed the payment of any money the payment of which is secured by a mortgage or the performance by the mortgagor of any covenant, condition, or agreement expressed or implied in the mortgage, whether such guarantee is expressed in the mortgage or in any other instrument; and also includes any person against whom a mortgagor has a legal or equitable right of indemnity in respect of any liabilities under the mortgage." And without in any wise limiting the definition of "Mortgagee" for the purposes of *" The Mortgagors Relief Acts, 1931 to 1932," the term" Mortgagee" shall, * 22 Geo. V. No. 6, supra, page 13848. (See Part IV. of 23 Geo. V. No. 10,)

COMMONWEALTH AND STATES. 1410:.t 1932. F inancial Em,ergency Relief Extension .d A ct. PART IV.- "THE MORTGAGORS - - - - - - - - - - RELIEF ACT unless the context otherwise requires, also I • nclude EOXFTE 19 N 3 S 1 IO " N every person whose powers are restricted by section A~ fE~ ~~ENT. four of the Principal Act as amended by section nineteen of *" The Financial Emergency Relief Extension Act of 1932." The following definition is inserted after the definition of " Mortgage " as follows :- " " Hire-purchase agreement"-A hire-purchase Hire· agreement with respect to goods or chattels, purchasee t and includes a letting of goods or chattels agreem n , with an option to purchase and an agreement for the payment of goods or chatte1s by instalments, whether such agreement describes such instalments as rent or hire or otherwise. For the purposes of this Act a hire- purchase agreement relating to goods or chattels shall be deemed a mortgage of such goods or chattels to secure the fulfilment of the conditions set forth in the agreement and the payment of the amount of instalments upon payment of which subject to such fulfilment the goods or chattels would under the agreement become the property of the hirer." 18. Section three is repealed and the following Section 3. section is inserted in lieu thereof :- " [3.] This Act shall apply to all mortgages as APxlication hereinbefore defined by the Principal Act, as amended of ct. by section seventeen of *" The Financial Emergency Relief Extension Act of 1932," existing at the commence- ment of t" The Mortgagors Relief Act of 1931," and also to all mortgages as so defined existing at the passing of *" The Financial Emergency Relief Extension Act of 1932." " 19. In paragraph (b) of subsection one of section Amendment four of the Principal Act, after the words" implied in of B. 4. the mortgage" the words "or in any instrument of guarantee in respect of such mortgage" are inserted. * 23 Geo. V. No. 10 (this Act). t 22 Geo. V. No. 6, supra, page 13848.

14104 COMMONWEALTH AND STATES. PART IV.- MOR " TG T A H G E ORS Financial Nmergency Relief Extension Act. 23 GEO. V. No. 10, RELIEF ACT - - - - - - - - - - - - - - - - - - - - - - - - OF 1931" EXTENSION Two new paragraphs (c) and (d) are also inserted, AME~ ~ ~ENT. namely- "(c) To call up or demand payment from any mortgagor of the whole or any part of the principal sum secured by the mortgage; or (d) To appoint a receiver or take any steps to have a receiver appointed; " and the comma (,) after the word" Act" at the end of paragraph (b) is deleted and a semi-colon (;) and the word'" or" are inserted in lieu thereof. Amendment 20. In subsection three of section five, after the of s. 5. words "process of execution," where those words twice occur, the words" or the exercise of any power or the doing of any act defined in paragraphs (c) and (d) of subsection one of section four" are respectively inserted. Section 9A. 21. The following section 9A is inserted after section nine of the Principal Act as follows : - Special "[9A.] (1.) Notwithstanding anything to the provisions. contrary contained in this Act, where, between the first wpohweererscehratvame day 0 f J u1y, one t housandr' une hundred and t hir ty-two, been. and the date of the passing of *"The Financial Emergency epxaerrtclyIsed or R e l M ' . J .f!E xtensw . n A ct O I J f 1932," the mortgagee, I . II pursuance ex~ rcised of the powers contained in the mortgage concerned- prIor to the passing of (a) Has exercised or has done; or "The Financial Emergency Relief ( b ) Having commenced to exercise or do subsequent to the first day of January, one Extension Act of 1932." thousand nine hundred and thirty-two, is between the first beforementioned dates, exercising or doing, any of the powers or acts defined in paragraphs (a) to (d) of subsection one of section four of the Principal Act as amended by section nineteen of *" The Financial Emergency Relief Extension Act of 1932,." and where such mortgage is one to which the provisions of the Principal Act would have applied if such Principal Act as amended by *" The Financial Emergency Relief Extension Act of 1932" had been in operation at the time when such powers were exercised or done or were commenced to be exercised or done, the mortgagor may apply to the Supreme Court (which term in this section does not include the Magistrates Court), for an order setting aside * 23 Geo. V. No. 10 (this Act).

COMMONWEALTH AND STATES. 14105 PART IV.- 1932. Financial Emergency Relief Extension Act. " THE MORTGAGORS --------- - - - - -- ------- RELIEFACT t he exerCI.se 0 f such power or t he do' mg 0 f such Act, EOXFTE 19 N 3 S 1 IO " N reinstating. a.ll parties as nearly as may be in their AJ\ IE~ ~ IENT. former posItIOns, and granting relief to the mortgagor as provided in section eight hereof as if the exercise of such power or the doing of such act had not been exercised or commenced to be exercised or done or commenced to be done, as the case may be. (2.) If the Court, having regard to the considerations mentioned in section seven hereof and to all other relevant considerations, is of opinion that such relief should be granted to the mortgagor, it may, in its discretion, subject to such terms and conditions as it thinks fit to impose, and notwithstanding that rights may have been acquired by any person other than the mortgagee, make such order as aforesaid, or may make such particular order which the Court in its absolute discretion shall in the circumstances think fit and proper: Provided that (but subject as hereinafter further provided) no order shall be made under this section in any case where the property in respect of which such power has been exercised or such act has been done has been sold at the time of or after the exercise of such power or the doing of such act to a person other than the mortgagee and such sale has been completed by the payment of the purchase-money and the delivery of the property and the documents of title (if any) before the passing of *" The Financial Emergency Relief Extension Act of 1932" : Provided always that where the mortgagee has commenced to exercise and do, between the twenty-ninth day of September, one thousand nine hundred and thirty-two, and the passing of *" The Financial Emergency Relief Extension Act of 1932," any of the powers or acts defined in paragraphs (a) to (d) of subsection one of section four of the Principal Act (as amended by section nineteen of *" The Financial Emergency Relief Extension Act of 1932 "), the Court shall have authority and jurisdiction to make an order under this section notwithstanding that the property in respect of which such power has been exercised or such act has been done has been sold at the time of or after the exercise of such power or the doing of such act to a person other than the mortgagee, and notwithstanding that such sale * 23 Geo. V. No. 10 (this Act). C

14106 COMMONWEALTH AND STATES. PART IV.- MOR " TG T A H G E ORS 11'inancial Emergency Relief Extension Act. 23 GEO. V. No. 10, RELIEF ACT - - - - - - - - - - - - - - - - - - - - - - - - - E O X F TE 19 N 3 S 1 IO " X has been complet.ed by t.he payment of the purchase A)IEN A D N M D ENT. money and the delivery of t.he property and the documents of title (if any) before the passing of *" The Financial Emergency Relief Extension Act of 1932." (3.) The provisions of subsection two of section eight hereof shall apply with respect to any order made under this section in so far as such order grants relief as provided in the said section eight. (4.) No application to the Supreme Court under this section shall be heard by the Court unless the application is made within one month after the passing of *" The Financial Emergency Relief Extension Act of 1932" or within such later time, not exceeding three months, as the Court may direct. (5.) Subject to the provisions of any order that may be made under this section, the exercise of any such power or the doing of any such act as aforesaid which has been completed before the passing of *"The Financial Emergency Relief Extension Act of 1932" shall not by reason of anything in this Act be deemed to have been unlawfully so completed." Amendment 22. Subsection one of section thirteen is amended of s. 13. by the insertion therein of the following provisions to paragraph ~ b) of the said section, namely:- " (iii.A) The nature of the mortgage including the nature of the security for the mortgage concerned; ( 2~ ii. B) The extent to which relief has been granted pursuant to any order of the Court or pursuant to any voluntary relief granted by the mortgagee." 23. The following new section is inserted after section thirteen of the Principal Act, as follows :- ~ Iortgagor "[13A.] Notwithstanding anything in this Act to who applied for the contrary contained, a mortgagor who has, prior to the APrercliitnecnfiouptnadl er p A a c s t s . i o n f J g19o3f2 * ,' " ' T ap h p e li F ed in t a o nc t i h a e l E C m ou er rt ge u n n c d y er Re th li e ef p E ro x v te is n l s . O io n n s thereby of this Act for an order of relief by the Court, shall ~ ~ : r: : king not be debarred from making a further application further for relief under the Principal Act as amended by *" The application. Financial Emergency Relief Extension Act of 1932," and any such mortgagor shall be competent to apply to * 23 Geo. V. No. 10 (this Act).

COMMONWEALTH AND STATES. 1410'j 1932. ~ Financial Emergency Relief Exten ion Act. PART IV.- MO~ T~ : ~ ORS ------- .. - - - - - RELIEF ACT the Court for a further order of relief I Iw . hich the Court EOXFTl 1 l 9 K 3 S 1 IO " N may in its discretion think fit to grant \; A. IE~ ~~ENT. Provided that nothing in this sectiqn shall prejudice or affect the powers and absolute discre~ ion of the Court in granting or refusing any applicatio~ for relief under this Act." , i 24. A new section 13B is insert~ d after section 13A, previously inserted as follows;- I "[13B.] (1.) Where the Supreme C1urt or any othercourtm~ y Court has made an order for the p~ yment by any ! ~ ~ : s~ ehef person to a~ lY o~ her person. of a .sunt of money, andjudgme';lts such Court IS satIsfied that ImmedIate! payment of the ~ ~ s: ~ ~ tam whole or part of the money would in: fiic~ great hardship on the person ordered to pay the money Iby reason of the operation of this Act upon his propertr or investments or upon the realisation therereof, or by reason of any other cause which such Court in the <ilircumstances of the case deems sufficient, such Court niay, at the time of the entry of judgment or subsequen~ ly thereto, upon the application of the person ordered tolpay the money, in its discretion, if in all the circumstaflCes it thinks it desirable so to do, order that the paym~ nt of the whole or part of the sum of money in question ~ hall be deferred u~ til such time and up~ m such conditio~ s as such Court thmks fit. A default Judgment shall b~ deemed to be an order of the Court. ' (2.) An order may be made unde~ this section in respect of orders for the payment of mo:q.ey made by any Court before the commencement of *f'The Financial Emergency Rel£ef Extension Act of 1932\" as well as in respect of orders made after the commehcement of such Act." , 25. In the preamble to the Princip~l Act the words Formal "under. certain existing mortgages Isecuring fixed ~ ~ :~ ~ . liabilities" are repealed, and the words I "under certain mortgages" are inserted in lieu thereof. I I 26. In t" The Mortgagors Relief Act$, 1931 to 1932," I~ terpreta. unless inconsistent with the context, the term "this tIOIl. Act" shall mean t" The Mortgagors Reli~ f Act of 1931 " as amended by *" The Financial Einergency Relief Extension Act of 1932," and all Proclam~ tions, Orders in Council, regulations, and R.ules of Court Ijade thereunder. * 23 Geo. V. No. 10 (this Act). ! t 22 Geo. V. No. 6, supra, page 13848, and I]art IV. of this Act (23 Geo. V. No. 10). I ~ 22 Geo. V. No. 6, supra, page 13848.

14108 COMMONWE'ALTH AND STATES. PARTV.- " THE LESSEES' RELIEF ACT OF 1931 " EXTENSION AND AMEND- MENT. Financial Emergency Relief Extension Act. 23 GEO. V. No. 10, PART V.-" THE LESSEES' RELIEF ACT OF 1931" EXTENSION AND AMENDMENT. Construction 27. This Part shall be read as one with *" The of Part. Lessees' Relief Act of 1931," herein referred to as the Principal Act. The Principal Act as amended by this Part may be collectively cited as "The Lessees' Relief Acts, 1931 to 1932." Amendment 28. (1.) Subsections one and two of section two of of B.2. the Principal Act are repealed, and the following subsections are inserted in lieu thereof :- "(1.) This Act shall be deemed to have come into force on the sixteenth day of December, one thousand nine hundred and thirty-one, and shall continue in force until the thirty-first day of December, one thousand nine hundred and thirty-three: Provided that the Governor in Council may from time to time, if in his discretion he thinks fit, by Order in Council published in the Gazette extend the provisions of this Act, for such time as shall be expressed in any such Order in Council. (2.) On the thirty-first day of December, one thousand nine hundred and thirty-three, or such date subsequent thereto as may be fixed from time to time by the Governor in Council under the previous subsection as the date of the ceasing of the operation of this Act, this Act shall be deemed to have been repealed." Act not to apply to Crown. Act to apply to Public Curator. (2.) Subsection four is repealed and the following subsection is inserted in lieu thereof, namely:- "(4.) The provisions of this Act shall not apply to any lease the rent in respect' of which is payable to the Crown or to any body representing the Crown, or to any officer or body acting for and on behalf of the Crown. But notwithstanding the foregoing provisions of this subsection, this Act shall apply to the Public Curator constituted pursuant to the provisions of t" The Public Curator Acts, 1915 to 1926." " * 22 Geo. V. No. 28, 8upra, page 13828. t 6 Geo. V, No. 14, Bupra, pages 7056 et Beq, and amending Acts. ~ ~ -- - -- - -- - - - - -