Freehold Estates Conveyancing Act 1843 (WA)

WESTERN AUSTRALIA

ANNO SEPTIMO

VICTORT78) REGINIE

No. 4

An Act for rendering a Release as effectual for the Con- veyance of Freehold Estates as a Lease and Release by the same parties. [Assented to 13th July, 1843.

Preamble

HEREAS it is expedient to lessen the expenses of conveying

Wthe Governor of Western Australia, by and with the advice and consentfreehold estates : Be it therefore enacted by His Excellency

A release to be

of the Legislative Council thereof, that every deed or instrument of

effectual al-

though no lease

release of a freehold estate or deed or instrument purporting or intended

for a year shall

to be a deed or instrument of release of a freehold estate which shall

be executed

be executed after the passing of this Act, and shall be expressed to be made in pursuance of this Act, shall be as effectual for the purposes therein expressed, and shall take effect as a conveyance to uses or other- wise, and shall operate in all respects both at law and equity as if the releasing party or parties who shall have executed the same had also executed in due form a deed or instrument of bargain and sale or lease for a year for giving effect to such release, although no such deed or instrument of bargain and sale or lease for a year shall be executed.

The recital or	2. And whereas deeds or instruments of bargain and sale or leases
mention of a

lease for a year	for a year, to give effect to deeds or instruments of release of freehold
in a release
executed before	estates heretofore executed, may have been lost or mislaid : Be it
the passing of	enacted that where in or by any deed or instrument of release of
this Act, to be
evidence of the	freehold estates executed before the passing of this Act, any deed or
execution of	instrument of bargain and sale or lease for a year giving effect to such
such lease for a
year	deed or instrument of release shall be recited, or by any mention thereof in such deed or instrument of release appear to have been made or

7 VIOTORDE. No. 4

Transfer of Real Property

executed, such recital or mention thereof shall be deemed and taken to be conclusive evidence of the deed or instrument of bargain and sale or lease for year so recited or mentioned having been made and executed ; and such deed or instrument of release shall also have the like effect as if the same had been executed after the passing of this Act, whether such deed or instrument of bargain and sale or lease for a year shall or shall not have been lost or mislaid or may or may not be produced :- Provided always that this Act shall not prejudice or affect any pro- ceedings at law or in equity pending at the time of the passing of this Act, in which the validity of any bargain and sale or lease for a year shall be in question between the party claiming under such bargain and sale or lease for a year and the party claiming adversely thereto ; and such bargain and sale or lease for a year, if the result of such pro- ceedings shall invalidate the same, shall not be rendered valid by this Act.

3. And be it enacted that in the construction of this Act, the word ' freehold ' shall have not only its usual signification, but shall	Construction of the word 'Free-
hold'
extend to all lands and bereditaments for the conveyance of which if this Act had not been passed, a bargain and sale or lease for a year, as well as a release might have been used.
4. And be it enacted that this Act may be amended or repealed by any Act to be passed during this present session.	Act may be
emended

JOHN HUTT,

GOVERNOR.