Mortgagors’ Interest Reduction Regulations (ACT)

THE TERRITORY FOR THE SEAT OF

GOVERNMENT.

Regulations under the Mortgagors' Interest Reduction

Ordinance 1931.

F R A N K B R E N N A N , the Attorney-General of the Commonwealth

of Australia, in pursuance of the powers conferred upon me by the Mortgagors' Interest Reduction Ordinance 1931, hereby make the following Regulations, to come into operation forthwith.

Dated this sixteenth day of September, One thousand nine hundred and thirty-one.

F R A N K B R E N N A N

*	Attorney-General.
MORTGAGORS' I N T E R E S T	REDUCTION" REGULATIONS.

Short title. 1. These Regulations may be cited as the Mortgagors' Interest Reduction Regulations.

Definitions. 3. In these Regulations, unless the contrary intention appears—- " document" means any application, copy of application, notice

or order required or permitted by the Ordinance or these

Regulations;

" t h e Clerk" means the Clerk of Petty Sessions appointed under

the Court of Petty Sessions Ordinance (No. 2) 1930;

" the Ordinance" means the Mortgagors' Interest Reduction

Ordinance 1931.

Form of	3 . Any application by a mortgagor under section five of 'the
application.	Ordinance shall be in accordance with Form A in the Schedule to these Regulations.
Original	4. The mortgagor shall serve the original application on the Clerk
application to
Ije delivered to	and shall, at the same time pay a fee of Two shillings. A copy of
Olerir.	the application shall be served by the mortgagor upon the mortgagee.
Service of	5. Any document required by the Ordinance or these Regulations to be served upon or given to any party, may be so served or given by delivering the document to the person on whom it is to be served or given, or by delivering it at the residence or; place of business of that person or by sending it hy post, prepaid, addressed to that, person at his address as appearing in the mortgage, and in default of that address therein appearing, to his last-known residence or place of business; and any such document if served or given hy post, shall, unless the contrary be proved, be deemed to have been served or given at the time when the letter containing the document, would have heen delivered in the ordinary course of post; and in proving the service or giving hy post of the document it shall be -sufficient to prove that
documents.
it was properly addressed and posted:

Provided that for the purposes of this regulation a "place of business" shall not bo deemed to be the place of business of the person to be served or given unless he is the master or one of the masters thereof.

to the mortgagor and the mortgagee of the date, time and place of comt? °f 6.—(1.) Tho Clerk shall give not less than fourteen days notice Notice of

sittings' of the Court at which the application is set down to bo heard.
(2.) The notice shall he in accordance with 'Form B in the Schedule to these Regulations and be prepared by the Clerk in triplicate and service thereof upon the mortgagor and the mortgagee shall be effected in the manner prescribed in the last preceding regulation.

(3.) One copy of the" notice shall be filed by the Clerk and an endorsement made thereon showing the time and mode of service.

7. The order of the Court on any application made under section order of Court,

five of the Ordinance shall be in accordance with Form C in the

Schedule to these Regulations.

POEM A. I.R.A. No

T H E TEKRITOBY FOB THE SEAT OF GOVERNMENT.

Mortgagors' Interest Reduction Ordinance 1931.

APPLICATION TO COURT BY A MORTGAGOR UNDER SECTION 5.

I, (A.B.)

of	-	do hereby apply to the Court of
Potty Sessions for a reduction from	% to	% of the ra te of interest

payable under my Mortgage * . . , . ; ' . . . . . - .

The name and address of the Mortgagee ia as follows	:	» state
. . . . . ' . '	registered

Dated a t • " this- day of . 193 . mortgage or

Applicant. " particulars

(Mortgagor) suffolentto

0 0 Identify.

Original.	Foe 2s.
To	*.

The Clerk of Petty Sessions, Canberra.

Duplicate.

To

Mortgagee.

FORM B.

T H E TEERJTORY FOB THE SEAT OF GOVERNMENT.

Mortgagors' Interest Reduction Ordinance 1931.

NOTICE OF CASE COMING ON BEFORE COURT.

In the Court of Petty Sessions 1

a t Canberra. j

To , of

In the matter of the Mortgagors' Interest Reduction Ordinance 1931 and in

the matter of „ and

The above-mentioned matter having come under the cognizance of the Court of Potty Sessions, you are hereby notified tha t a t the sitt ings of the said Court, to be holden a t Canberra, at Ten o'clock in the forenoon on the

clay of 193 , the said matter will be brought before the Court

for hearing or otherwise as may be ordered in tha t behalf.

Signed this day of , 193 .

( I .S . )

Clerk of Petty Sessions.

FORM C.

TnE TERRITORY FOB THE SEAT OF GOVERNMENT.

Mortgagors' Interest Reduction Ordinance 1931.

ORDER FOR REDUCTION OF INTEREST.

In the Court of Pet ty Sessions }

at Canberra. )•

In the matter of the Mortgagors' Interest Reduction Ordinance 1931 and

in the matter of.. and

Whereas on the day of , 193 . . . , a certain matter

wherein' [names of parlies and nature of case to be here set out~\ was brought
before the Court of Petty Sessions:

And whereas the said Court has duly heard and determined the said mat te r : I t is hereby adjudged t h a t the ra te of interest payable under tho mortgage

\lterc state registered number of mortgage or other particulars sufficient to

identify] by the sa id . . , mortgagor, to the said. '

mortgagee, shall be reduced to	per centum per annum [or shall not be
reduced] and further tha t the said	shall pay to the sa id . . .
for his costs in this behalf.

Given under my hand a t Canberra, in the said Territory, this

day of : , 193. . .

Magistrate.