Lake Avenue Resubdivision of Land Act 1937 (WA)

No. 36.] Lake Avenue Resubdit sum- of Land. [1937.

LAKE AVENUE RESUBDIVISION

OF LAND

1° AND 2° GEO. VI., No. XXXVI.

No. 36 of 1937.

AN ACT to constitute a public street at Shenton Park, Subiaeo, to be known as Lake Avenue, and to effect a resubdivision of the lands fronting the said street, and for other incidental purposes.

[Assented to 18th January, 1938.]

Preamble.

HEREAS certain lands situated at Shenton Park, at the Land Titles Office, Perth., abut on the south boun- dary of a road called Lake Avenue as appears upon the said plan and abut upon a right-of-way at the rear of such blocks as also appears on the said plan: And where- as also at the rear of such blocks is a public reserve No. A8630, which is vested in the Subiaco municipality for recreation purposes: And whereas the said reserve is known as "Shenton Park," on which is a lake known as Shenton Park Lake: And whereas it is the intention of the Subiaeo municipality to effect certain improvements to the said reserve, and it is the opinion of the said muni- cipality that such improvements cannot be advantage- ously effected, unless a public street runs along the nor- thern boundary of the said reserve: And whereas the said municipality is also of opinion that the amenity of the district will be improved by the said blocks being reversed and made to front Shenton Park Lake and the

W Subiaco, as delineated and shown on plan No. 1819

1937.1 Loire Avenue Resubdivision of Land. [No. 36.

proposed new public street: And whereas the said lands now fronting Lake Avenue as per the said deposited plan are all approximately thirty-three feet frontages: And whereas the municipality is of the opinion that the said frontages are too small for building purposes and is desirous of resubdividing the said land (as far as pos- sible) and increasing the size of the blocks which the municipality is of opinion will also add to the amenity of the district : And whereas it is desirable and expedient to enable the municipality to give legal effect to its desire to constitute the said new road and effect a resubdivision of the said lands: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and con- sent of the Legislative Council and Legislative Assembly of Western Australia in this present Parliament as- sembled and by the authority of the same, as follows :---

1.    This Act may be cited as the Lake Avenue Resub- Short title.

division of Land Act, 1937. This Act shall come into

operation on a date to be fixed by proclamation.*

2.    In this Act, unless the context otherwise requires— Definitions.

"Municipality" means the Subiaco municipality.

"Registrar" means the Registrar of Titles under

the Transfer of Land Act, 1893.

"Titles Office" means the Office of Land Titles at

Perth.

3. Plan No. 1819, deposited in the Titles Office, is Old plan 1819 cancelled, etc.

hereby cancelled, in so far as it relates

(1)	to the land shown and delineated thereon marked brown and edged in carmine and called "Lake Avenue";
(2)	to the land shown thereon coloured brown and called "right-of-way," except the right-of-way which has already been dedicated as part of Excelsior street shown on the said plan;
(3)	to all those pieces of land, being lots 28 to 40 both inclusive, lots 40A and 40B and lots 41 to 54, both inclusive.

Lake Avenue and the said right-of-way are hereby closed, and all rights over the same shall cease on the passing of this Act.

• Proclaimed to commence 14th March, 1938 (see Gazette, 18th March,

1938).

No. 36.] Lake Avenue' Resubdivision of Land. [1937.

Existing

diagrams	4. Diagrams Nos. 10357, 10358, 10359, and 10360, deposited in the Titles Office, and any other diagrams which may be deposited in the said Titles Office before the coming into operation of this Act which subdivide or seek to subdivide any of the lands referred to in section three (3) of this Act are hereby also cancelled.
cancelled.

Divesting	5. The respective proprietors of the whole of the
of lands.

lands referred to in subsections (1), (2), and (3) of section three or referred to in section four hereof are hereby divested of their respective titles to the said land. The respective certificates of title relating to the land referred to in section three (3) hereof and section four hereof are hereby cancelled, and the Registrar is hereby directed and required to cancel the originals of such titles accordingly and to enter a memorandum to that effect on the said titles in the Register Book.

Liability of	6. Notwithstanding the divesting of the said land and
owners for

rates and pay-	the cancellation of the said titles as aforesaid
ment of en-
not affected.

cumbrances	(1)	all rates, taxes, and assessments charged, assessed, or levied upon the said land prior to the com- mencement of this Act shall, both with respect to arrears and/or the period or periods of assessment current at the commencement of this Act, still remain payable by and recoverable from the respective owners of such lands, not- withstanding the cancellation of such titles;
(2)	the personal liability of the respective mortgagors under any mortgage registered against any of the said lands as at the commencement of this Act, or under any equitable mortgage, charge, or encumbrance, shall remain unprejudiced, and all moneys now or hereafter due under any such mortgage, legal or equitable, shall be recover- able by the respective mortgagees from the respective mortgagors, notwithstanding the can- cellation of the said titles.

Plan 5790	7. In lieu of such portion of deposited plan No. 1819
xubstituted

for plan 1819. and the said diagrams as by this Act are cancelled, plan No. 5790, already received by the Titles Office (but not yet accepted as a deposited plan), is substituted, and the Registrar is hereby required and directed to give effect to the partial cancellation of plan No. 1819 and the can-

1937.] Lake Avenue Resubdivision of Land. [No. 36. cellation of the said diagrams as aforesaid, and upon the requirements of section eighteen of this Act being ful- filled, to forthwith accept and approve of the said plan No. 5790 as a deposited plan in lieu of such partially can- celled plan and cancelled diagrams.

8.     (a) The land shown and delineated as Lake Avenue P,,ZeZ,V,1,0!

on the said plan 5790 is hereby dedicated as a road for n	igenration of
the purpose of section two hundred and twenty-one of the Municipal Corporations Act, 1906, and vested hi the municipality accordingly.
(b) The lands shown and delineated as "r.o.w." and right of way respectively on the said plan 5790 are hereby dedicated as public rights of way and vested in the municipality for an estate in fee simple in possession.

9.    Upon written application, to be made by the muni- eaten

cipality to the Registrar forthwith after the commence- to be issued.

ment of this Act, the Registrar shall issue a new certifi- cate of title (original and duplicate) under the provisions of the Transfer of Land Act, 1893, for an estate in fee simple in possession in favour of the person whose name, address, and description is set forth in the first column to the schedule for each piece of land set forth opposite his or her name in the third column to the said Schedule, in lieu of the land set forth opposite his or her name in the second column to the said Schedule. Provided always, that if any of the persons whose names are set forth in the said first column to the said Schedule have prior to the commencement of this Act by transfer duly registered under the provisions of the Transfer of Land Act, 1893, transferred the land owned by him or her and set forth in the second column of the said Schedule, or if any of the said land shall have been otherwise legally transferred by any other means or transmitted under the provisions of the Transfer of Land Act, 1893, into any other name, then the Registrar shall issue such new certificate of title in favour of the transferee or successor in title of such person or persons. The Registrar shall issue to the registered proprietor a new certificate of title for the balance of the land (lot 15) in certificate of title volume 1026, folio 733.

10.    Any person in possession of any certificate of octaT sce.:ittue

title evidencing the title to any land set forth in the to be returnee.	to Tit/es Office.
second column to the Schedule shall, upon receiving

No. 36.] Lake Avenue Resubdivision of Land. [1937.

written notice from the Registrar, deliver up to him such certificate of title, which shall thereupon be marked as cancelled by the Registrar and retained by him.

Delivery of

new certifi-	11. The duplicates of the new certificates required to
by the Regis-

cates of title	be issued by the Registrar shall only be delivered or sent
trar.	by the Registrar to the same persons respectively as shall have delivered up the cancelled certificates of title to the Registrar in respect of which such new duplicate certifi- cate of title has been issued. If any cancelled certificate of title shall not be delivered up to the Registrar, then the relative duplicate new certificate of title shall only he delivered or sent by the Registrar to the person claiming to be leg-ally entitled thereto, upon proof satisfactory to the Registrar, supported by statutory declaration, sub- stantiating such claim and accounting for the non- production or inability to produce the cancelled certifi- cate of title. Pending the delivery or sending of any new duplicate certificate of title under the provisions of this section, no dealing by the registered proprietor of the land comprised in any new certificate of title shall be accepted by the Registrar.
Encumbrances	12. Each new certificate of title shall have indorsed same date of registration and under the same registra- tion number the same registered mortgages, charges, encumbrances, or caveats or dealings as those indorsed upon the cancelled title to the respective lands set out in the said second column to the said Schedule in respect of which the said new certificate of title shall be issued, and such encumbrances shall operate and take effect accord- ing to their tenor in all respects as if originally affecting the land comprised in the new certificate in lieu of the land comprised in the cancelled certificate and with the same priorities as existing immediately prior to the commencement of this Act, and the land the subject of the said new certificate of title shall be deemed to be and is hereby mortgaged, charged, or encumbered accordingly, and the Registrar is hereby required and directed to make the necessary amendment to the original of such mort- gages or other encumbrances, notwithstanding the non- production of the duplicates thereof, and upon production to him of the duplicate of any such registered encum- brances to likewise make the necessary amendment
to be	thereon by the Registrar as an encumbrance under the
3113W title,.

1937.] Lake Avenue Resubdivision of Land. [No. 36.

13. Any person in possession of any duplicate regis- Registered s

tered mortgage or other encumbrance over any of the of b f mortgage gee

land set forth in the second column to the Schedule shall up for amend-	meat.
upon receiving written notice from the Registrar deliver up to him such duplicate mortgage or encumbrance, upon which the Registrar shall make the necessary amend- ments as required by the last preceding section.

14.   The Registrar shall, upon effecting the said Return of

amendments to the duplicate mortgages or other encum- after‘anteld-

meat.

brance, deliver or send the same only to the same per- sons respectively as shall have delivered up the said duplicate mortgages or other encumbrances to the Regis- trar, and if any of the said mortgages or other encum- brances have not been delivered up to the Registrar, then no dealing thereon or therewith shall be accepted by the Registrar unless or until the same is delivered up to the Registrar, or the inability so to do explained by the registered proprietor or person legally entitled thereto to the satisfaction of the 'Registrar and sup- ported by statutory declaration.

15.

The lands comprised in each new certificate of

title shall be deemed to be subject to the same equitable entarestasiew

mortgages, charges, and encumbrances and to the same tales.

Interests to

statutory charges and liens as those appertaining at the commencement of this Act to the respective lands set out in the second column to the said Schedule in respect of which the said new certificate of title shall be issued.

16.   In addition to the express powers hereby con- Registrar to

felted upon the Registrar, he is hereby directed and 101=e,:untiot

required to make such entries and indorsements on all "I'

original and duplicate certificates of title, mortgages,

and other encumbrances, and on all plans and diagrams,

and on all other documents, as shall in the opinion of

the Registrar be necessary and proper to give effect to

the provisions of this Act.

17.   All fees payable to the Registrar to give effect iNqinicipiaity

to the provisions of this Act shall be payable by the to pay tees.

municipality.

18.

The Board under the Town Planning and De- velopment Act, 1928, is hereby directed and required,	Town Plan- ning Board
to approve
upon application being made in that behalf, to approve	plan.

No. 36.] Lake ..-trevue Resubdivision of Laud. [1937.

of the said plan of subdivision No. 5790, and thereupon the said plan shall be forthwith accepted as a deposited plan No. 5790 by the Registrar of Titles.

No compensa-

tion payable	19. No person shall have any claim or demand upon the municipality, or upon His Majesty's Government, or upon the assurance fund constituted under the provi- sions of the Transfer of Land Act, 1893, or upon any person, or be entitled to receive any compensation con- sequent upon being divested of his or her land under the provisions of this Act and the issue to him or her of a new certificate of title as aforesaid.
to interested
parties.

THE SCHEDULE.

Registered Proprietor Land for which

Name, Address, and of undermentioned new Title to be

Description.	Lots, all as shown on	issued, as shown
Deposited Plan 1819.	on Plan 5790.

William Hepburn, of Lot 28, certificate of Lot 16

Broken Hill, in the State	title volume 235,
of Now South Wales,	folio 130
confectioner

John Augustine Moore Lot 29, certificate of Lot 15

Shelley, of Morgan street,	title volume 236,
Broken Hill, New South	folio 67
Wales

Frederick Walter Flood, of 21 Hopetoun terrace, Lots 30 and 31, certi- ficate of title volume Lot 14

West Subiaco, painter 1046, folio 379

Colin Anderson, of 49 Lots 32 and 33, certi- Lot 13

Evans street, Shenton	ficate of title volume
Park, builder	1054, folio 602

Rupert Lindsay Connor, of 4 Commercial Bank Lots 34 and 35, part of land in certificate Lot 12

Chambers, Perth, free-	of title volume 1026,
holder	folio 733

Anthony Joseph Bush, of 251 Nicholson road, Lots 36 and 37, certi- ficate of title volume Lot 11

Subiaco, signwriter 1050, folio 285

Colin Anderson, of 49 Lots 38, 39, and part Lot 10

Evans street, Shenton	of lot 40 (diagram
Park, builder	10360), certificate of title volume 1050, folio 624

Colin Anderson, of 49 Lot 40A and part of Lot 9

Evans street, Shenton	Lot 40 (diagram
Park, builder	10359), certificate of title volume 1050, folio 625

1937.] Lake Avenue Resubdivision of Land. [No. 36.

THE SCHEDULE—continued.

Registered Proprietor Land for which

Name, Address, and of undermentioned now Title to be

Description.	Lots, all as shown on	issued, as shown
Deposited Plan 1819.	on Plan 5790.

Colin Anderson, of 49 Lot 40B and part of Lot 8

Evans street, Shenton	lot 41 (diagram
Park, builder	10358), certificate of title volume 1050, folio 626

Cohn Anderson, of 49 Lot 42 and part of lot Lot 7

Evans street, Shenton	41 (diagram 10357),
Park, builder	certificate of title volume 1050, folio 627

Leonard Henry Pottier, of 19 Stirling highway, Lot 43 and part of lot 44, certificate of Lot 6

Claremont, bus driver

title volume 1049,

folio 587

Ernest Edward Rose, tele- phone mechanic, and Lot 45 and part of lot 44, certificate of Lot 5

Lilian May Rose, mar-	title volume 1049,
ried woman, both of	folio 839
Lake avenue, Subiaco

Winifred Alice Kernutt, of Tavistock street, Wagin, Lot 46, certificate of

title, volume 475,

widow folio 195 Lot 4

Winifred Alice Kernutt, of Tavistock street, Wagin, Lot 47, certificate of

title volume 618,

widow folio 107

Edward Nairn Roberts, Lots 48, 49, 50, and Lots 1, 2,

of Coodardy station,	51, certificate of	and 3
Cue, squatter	title volume 470, folio 155

Gerald Balding and Frank Balding, both of Rail- Lot 52, certificate of Lot 17

title volume 432,

way road, West Subiaco,

folio 127

builders, as tenants in

common

Martin Patrick Dunne, of 175 Onslow road, Su- Lot 53, certificate of Lot 18

title volume 359,

biaco, customs clerk folio 9