Instruments Act 1936 (ACT)
[Extract from Commonwealth of Australia Gazelle, No. 3, dated
9th January, 1936.]
| I | THE TERRITORY FOR THE SEAT OF |
GOVERNMENT.
No. 1 of 1936.
| I | AN ORDINANCE |
To amend the Instruments Ordinances 1933.
BE it ordained by the Governor-General in and over the Executive Council, in pursuance of the powers conferred by the Commonwealth of Australia, with the advice of the Federal Seat of Government Acceptance Act 1909 and the Seat of
Government (Administration) Act 1910-1933, as follows:— 1.— (1.) This Ordinance may be cited as the Instruments short, title and citation' Ordinance 1936. (2.) The Instruments Ordinances 1933 is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance, may be cited as the Instruments Ordinance 1933-1936. 2. Section fourteen of the Principal Ordinance is repealed and the following section inserted in its stead:—
"14.— (1.) A bill of sale may be discharged or partly Discharge of
discharged by a memorandum in accordance with the form set out bill of sale. in Part I. of the Third Schedule to this Ordinance, or to the like effect, endorsed on the bill of sale or copy thereof, held by the grantee or person claiming through him, acknowledging that the bill of sale has been or is discharged or, in ease of part discharge, the extent to which it has been or is so discharged.
" (2.) If the Registrar is satisfied that the bill of sale or copy held by the grantee or person claiming through him cannot, for some good reason, be produced, a bill of sale may be discharged or partly discharged by a memorandum in accordance with the form set out in Part II . of the Third Schedule to this Ordinance, or to the like effect, acknowledging that the bill of sale has been or is discharged or, in case of a part discharge, the extent to which it has been or is so discharged.
" (3.) The signature to any memorandum acknowledging any such discharge or part discharge shall be witnessed by a solicitor of the High Court or by a Justice of the Peace, or by a Commissioner for Declarations appointed under the Statutory Declarations Act 1911-1922.
5540/35.—PRICE 3D. " (4.) The Registrar, if required so to do, and if satisfied that any bill of sale has been discharged or partially discharged, shall
register the discharge or part discharge by noting the discharge I or part discharge upon the bill of sale or copy registered and in the book or index kept in pursuance of section eleven of this Ordinance.".
3. The Third Schedule to the Principal Ordinance is repealed and the following Schedule inserted in its stead:—
TheThw " T H E THIRD SCHEDULE.
Schedule. r>»r>n- T
Section 14. PARI I.
Memorandum made this day of between
and whereby it is acknowledged that the
within security has been discharged and satisfied in full {or, if in part, to the
extent of pounds).
(Witnessed.) (Signed.)
PART II .
Memorandum made this day of between and whereby it. is acknowledged tha t the (here set out description of bill of sale) has been discharged and satisfied in full (or, if in part, to the extent of pounds).
(Witnessed.) (Signed.)".
Dated this eighth day of January, 1936.
ISAAC A. ISAACS
Governor-General.
By His Excellency's Command,
T. PATERSON
Minister of State for the Interior.
I By Authori ty: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
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