Improvement Leases Cancellation (Declaratory) Act 1908 (NSW)

Act No. 4, 1908.

A n Act to expla in the operation of the Improve­ m e n t Leases Cancel lat ion Act , 1906 ; to r e m o v e doubt as to the va l id i ty of a certain certificate and all acts, thing's, and proceed­ i n g s done and he ld under the said A c t ; and

for other purposes . [28th April, 1908.]

WH E R E A S "was, a m o n g o the r th ings , enacted that if wi th in four mon ths of

by the I m p r o v e m e n t Leases Cancel la t ion Act , 1906, it

t h e commencemen t of the said Act the Honorab le Mr . Jus t i ce Owen

should certify tha t any i m p r o v e m e n t lease, then cu r r en t and in force, which was t h e subject of inqu i ry by the Royal Commission on the adminis t ra t ion of the Lands Depa r tmen t , had been granted or purpor ted to have been g ran t ed unde r c i rcumstances evidencing improper acts or serious i r regular i ty , and tha t such lease should be dealt with unde r t he said Act , such certificate should he notified in the Gazette , and thereupon such lease should become cancelled and forfei ted: A n d whereas the Honorab l e M r . Ju s t i ce Owen issued his certificate unde r tha t provision, bear ing date the twenty-f i f th day of February , one thousand n ine

h u n d r e d and seven, with respect to cer ta in improvemen t leases : A n d

whereas doubt m a y exist upon t he construct ion of t he said Act , and i t is exped ien t to remove such doubt and to declare the validity of t he certificate so issued, and of all acts, thing's, and proceedings done and held in pur suance thereof or consequent the reon : Be it therefore enacted by the K i n g ' s Most Exce l len t Majesty , by and wi th t he advice and consent of the Legis la t ive Council and Legis la t ive Assembly of N e w South "Wales in P a r l i a m e n t assembled, and by the au thor i ty of t he same, as follows :—

Ac t

1. This Act may be cited as t he " I m p r o v e m e n t Leases

Cancellat ion (Declaratory) Act , 1908."'

2.    Al l acts , th ings , and proceedings done or held, or pu rpo r t ing

to have been done or held, unde r t he I m p r o v e m e n t Leases Cancel la t ion Ac t , 1906, are hereby declared to have been and to be valid, and the same shall not be deemed to have been and shall no t be chal lengeable on t he g round tha t any person affected by the g r a n t i n g of t he said certificate was not afforded an oppo r tun i t y to he heard in opposition

there to , or on any o the r g round whatever .