New South Wales Acts Application Act 1984 (ACT)

New South Wales Acts Application Act 1984 (repealed)

A1984-41

Republication No 4

Effective: 10 November 1999

Republication date: 21 May 2009

As repealed by A1999-66 sch 2

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the New South Wales Acts Application Act 1984 (repealed) effective 10 November 1999.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

new south wales acts application act 1984

This consolidation has been prepared by the ACT Parliamentary Counsel’s Office

Repealed by 1999 No 66 (in force 10/11/99)

TABLE OF PROVISIONS

Section

1.Short title
2.Interpretation
3.Amendment of certain continued State Acts
4.Application of certain continued State Acts
5.Inconsistencies between continued State Acts and other laws
6.Footnotes to continued State Acts
7.Interpretation of Acts set out in Schedule 2
8.Further amendment of continued State Act

Schedule 1

administration of state acts that are amended by this act

Schedule 2

continued state acts

An Act relating to the application in the Territory of certain Acts of the State of New South Wales

Short title

1. This Act may be cited as the New South Wales Acts Application Act 1984.1

Interpretation

2.
(2) In this Act, other than a Schedule to this Act—
(a)a reference to a continued State Act shall be read as a reference to an Act of the State of New South Wales that—
(i)was continued in force in the Territory by section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth; and
(ii)had effect, immediately before the date of commencement of this Act, in the Territory as a law of the Territory as provided by section 4 of the Seat of Government (Administration) Act 1910 of the Commonwealth,

being the Act as amended and in force in that State immediately before the commencement of the Seat of Government Acceptance Act 1909 of the Commonwealth and, in a case where the Act had been amended by an Act of the Territory before the date of commencement of this Act, as so amended; and
(b)a reference to the amendment of a continued State Act shall be read as a reference to the modification of the Act by—
(i)the repeal or omission of any provision or other part of the Act, either with or without the substitution of a new provision or part in its place; or
(ii)the insertion in, or addition to, the Act of a new provision.

Amendment of certain continued State Acts

3.2 (1) Subject to subsection (2), a continued State Act specified in column 1 of Schedule 1 shall be deemed to be amended by this Act to the extent necessary for it to have effect in the Territory as a law of the Territory in the terms set out in Schedule 2.
(2) Where—
(a)a provision (in this subsection referred to as the relevant provision) of a continued State Act so specified amends another continued State Act so specified; and
(b)the relevant provision has been omitted from the text of that first-mentioned continued State Act as set out in Schedule 2 (the amendment made by the relevant provision having been incorporated in the text of that other continued State Act as set out in Schedule 2),

subsection (1) shall not be taken to effect the repeal of the relevant provision.

Application of certain continued State Acts

4. Nothing in section 3 shall be taken to prevent the continued State Acts specified in column 1 of Schedule 1, being those Acts as amended by this Act, from continuing in force in the Territory, after the commencement of this Act, under, and in accordance with, the provisions of section 6 of the Seat of Government Acceptance Act 1909 of the Commonwealth and section 4 of the Seat of Government (Administration) Act 1910 of the Commonwealth.

Inconsistencies between continued State Acts and other laws

5. (1) Where, upon the commencement of this Act, a provision of a continued State Act as amended by this Act (being a continued State Act specified in column 1 of Schedule 1) is inconsistent with a provision of another law in force in the Territory (not being a prescribed law), the provision of that other law prevails and the provision of that continued State Act, to the extent of the inconsistency, has no force or effect in the Territory.
(2) In this section, a reference to a prescribed law shall be read as a reference to—
(a)a continued State Act specified in column 1 of Schedule 1, as amended by this Act;
(b)any other continued State Act; or
(c)any Imperial Act that—
(i)was in force in the State of New South Wales immediately before the commencement of the Seat of Government Acceptance Act 1909 of the Commonwealth;
(ii)was continued in force in the Territory by section 6 of that Act; and
(iii)was in force in the Territory immediately before the commencement of this Act,

being that Act as amended and in force in the Territory immediately before the commencement of this Act.

Footnotes to continued State Acts

6. The footnotes appearing at the end of a Part of Schedule 2 do not form part—
(a)of the continued State Act the text of which is set out in that Part of that Schedule; or
(b)of this Act.

Interpretation of Acts set out in Schedule 2

7. In an Act of New South Wales set out in Schedule 2, in its application in the Territory, unless the contrary intention appears—
(a)a reference in the Act to the Supreme Court shall be read as a reference to the Supreme Court of the Australian Capital Territory;
(b)a reference in the Act to the Magistrates Court shall be read as a reference to the Magistrates Court for the Territory;
(d)a reference in the Act to a Magistrate shall be read as a reference to a Magistrate within the meaning of the Magistrates Court Act 1930;
(e)a reference in the Act to the Commissioner of Police or to a Deputy Commissioner of Police shall be read as a reference to the person holding, or performing the duties of, the office of Commissioner of Police or Deputy Commissioner of Police, as the case may be, under the Australian Federal Police Act 1979 of the Commonwealth;
(f)a reference in the Act to an officer of police or member of a police force shall be read as a reference to a member, or a special member, of the Australian Federal Police;
(g)a reference in the Act to a member of a police force holding a particular rank shall be read as a reference to a member, or special member, of the Australian Federal Police holding that rank but, if that rank does not exist as a rank in the Australian Federal Police, as a reference to a member, or special member, of the Australian Federal Police holding the rank that is declared by regulations in force under the Australian Federal Police Act 1979 of the Commonwealth to be the equivalent of that particular rank; and
(h)a reference in the Act to the Registrar of Titles shall be read as a reference to the person holding, or performing the duties of, the office of Registrar-General in the performance or exercise of his or her functions or powers under the Land Titles Act 1925 or the Registration of Deeds Act 1957.

Further amendment of continued State Act

8. Section 3 of the Gaming and Betting (Amendment) Act, 1906, in its application in the Territory, is repealed.

Schedule 1 Section 3

Administration Of Continued State Acts That Are Amended By This Act

Short title of Act

Column 1

Ancient Lights Declaratory Act 1904

Apportionment Act 1905
Arrest on Mesne Process Act 1902
Common Carriers Act 1902
Contractors’ Debts Act 1897
Conveyancing and Law of Property Act 1898
Conveyancing and Law of Property (Supplemental) Act 1901
Crown Lands Act 1884
Dedication by User Limitation Act 1902
Defamation Act 1901
Defamation (Amendment) Act 1909
Fertilizers Act 1904
Forfeiture of Leases Act 1901
Forfeiture and Validation of Leases Act 1905
Free Education Act 1906
Games Wagers and Betting-houses Act 1901
Gaming and Betting Act 1906
Innkeepers’ Liability Act 1902
Judgment Creditors’ Remedies Act 1901
Landlord and Tenant Act 1899
Life, Fire, and Marine Insurance Act 1902
Limitation of Actions for Trespass Act 1884

Schedule 2 Section 3

Part 1

Ancient Lights Declaratory Act 1904 No. 16, 1904

An Act to declare the law with respect to ancient lights

Right not acquired by use or presumption of lost grant

1. From and after the commencement of this Act, no right to the access or use of light to or for any building shall be deemed to exist, or to be capable of coming into existence, by reason only of the enjoyment of such access or use for any period or of any presumption of a lost grant based upon such enjoyment.

Short title

3. This Act may be cited as the Ancient Lights Declaratory Act 1904.

Notes

(a)The Ancient Lights Declaratory Act 1904, in its application in the Territory, comprises the Ancient Lights Declaratory Act 1904 as amended by the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Ancient Lights Declaratory Act 1904 in Part 1 of this Schedule
(b)Section 2 was repealed by the New South Wales Acts Application Act 1984.

Part 2

Apportionment Act 1905 No. 2, 1905

An Act for the better apportionment of rents and other periodical payments

Short title

1. This Act may be cited as the Apportionment Act 1905.

Definitions

2. In this Act—
“Annuities” includes salaries and pensions.
“Dividends” includes (besides dividends strictly so called) all payments made by the name of dividend, bonus, or otherwise out of the revenue of trading or other public companies, divisible between all or any of the members of such respective companies, whether such payments are usually made or declared at any fixed times or otherwise, and all such divisible revenue shall, for the purposes of this Act, be deemed to have accrued by equal daily increment during and within the period for or in respect of which the payment of the same revenue is declared or expressed to be made; but the said word “dividend” does not include payments in the nature of a return or reimbursement of capital.
“Rents” includes rent service, rent charge, and rent seck, and all periodical payments or renderings in lieu of or in the nature of rent.

Apportionment of rents in respect of time

4. All rents, annuities, dividends, and other periodical payments in the nature of income (whether reserved or made payable under an instrument in writing, or otherwise reserved or made payable) shall, like interest on money lent, be considered as accruing from day to day, and shall be apportionable in respect of time accordingly.

When apportioned part payable or recoverable

5. The apportioned part of any such rent, annuity, dividend, or other payment shall be payable or recoverable in the case of a continuing rent, annuity, or other such payment when the entire portion of which such apportioned part forms part becomes due and payable, and not before; and in the case of a rent, annuity, or other such payment determined by re-entry, death, or otherwise, when the next entire portion of the same would have been payable if the same had not so determined, and not before.

Right of recovering apportioned parts

6. All persons and their respective executors, administrators, and assigns, and also the executors, administrators, and assigns respectively of persons whose interest determine with their own deaths, shall have such or the same remedies at law and in equity for recovering such apportioned parts as aforesaid when payable (allowing proportionate parts of all just allowances) as they respectively would have had for recovering such entire portions as aforesaid if entitled thereto respectively:
Provided that persons liable to pay rents reserved out of or charged on lands or other hereditaments of any tenure, and the same lands or other hereditaments shall not be resorted to for any such apportioned part forming part of an entire or continuing rent as aforesaid specifically; but the entire or continuing rent, including such apportioned part, shall be recovered and received by the person who, if the rent had not been apportionable under this Act, or otherwise, would have been entitled to such entire or continuing rent; and such apportioned part shall be recoverable from such person by the executors or other parties entitled under this Act to the same by action at law or suit in equity.

Policies of assurance

7. Nothing in this Act shall render apportionable any annual sums made payable in policies of assurance of any description.

Contracting out

8. This Act shall not extend to any case in which it has been expressly stipulated that no apportionment shall take place.

Notes

(a)The Apportionment Act 1905, in its application in the Territory, comprises the Apportionment Act 1905 as amended by the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Apportionment Act 1905 in Part 2 of this Schedule.
(b)Section 3 was repealed by the New South Wales Acts Application Act 1984.

Part 4

Arrest On Mesne Process Act 1902 No. 24, 1902

An Act to consolidate the enactments relating to arrest on mesne process

Part I—Preliminary

Short title

1. This Act may be cited as the Arrest on Mesne Process Act 1902.

Interpretation

3. In this Act, unless the context or subject-matter otherwise indicates or requires—
“Capias” means capias ad respondendum.
“Court” means the Supreme Court.
“Judge” means a Judge of the Court.

Part II—Arrest and Bail

No arrest on mesne process except under this Act

4. No person shall be arrested upon mesne process in any civil action in any court except in the cases and in the manner hereinafter provided.

Order to hold to bail

5. In any action in the Court, if a Judge is satisfied by affidavit disclosing the facts constituting the ground of the plaintiff’s claim, or by evidence on oath before such Judge, that the plaintiff has prima facie a good cause of action in respect of his claim against the defendant and is also satisfied by the affidavit of the plaintiff or some other person—
(a)that such cause of action is to the amount of $40 or upwards, or that the plaintiff has sustained damage to that amount;
(b)that any defendant is about to remove or is making preparations to remove out of the jurisdiction of the Court;
(c)that such action will be defeated unless such defendant is forthwith apprehended; and
(d)that the application is made within a reasonable time after the fact of the defendant’s intention so to remove came to the knowledge of the plaintiff or might have become known to him by reasonable diligence on his part,

such Judge may by a special order direct that such defendant shall be held to bail for such sum as such Judge thinks fit, not exceeding the amount of the debt or damages.

Issue of writ of capias

6. (1) Thereupon the plaintiff, within the time expressed in such order but not afterwards, may sue out one or more writ or writs of capias against such defendant.
(2) Every such writ shall be in the form prescribed by the Rules of Court.

Execution of writ

7. (1) The sheriff of the Territory or other officer to whom any such writ is directed shall, before the return of the said writ but not afterwards, proceed to arrest such defendant thereupon.
(2) Such writ may be lawfully executed upon a Sunday.

Order and arrest to be during pendency of action

8. Such order may be made and the defendant arrested in pursuance thereof at any time after the commencement of the action and before final judgment is obtained therein.

Defendant to remain in custody until bail bond given or deposit made

9. The defendant when arrested shall remain in custody until he has given a bail bond to the sheriff or other officer, or has made deposit of the sum endorsed on such writ of capias, together with $20 costs.

Subsequent proceedings subject to Rules of Court

10. All subsequent proceedings as to putting in and perfecting special bail shall be subject to, and in accordance with, the practice and procedure of the Court.

Part III—Discharge

Application for order nisi for discharge

11. Any person arrested upon a writ of capias may apply to a Judge at any time after such arrest for an order on the plaintiff to show cause why such person should not be discharged out of custody.

Proceedings upon order nisi

12. Any Judge may make absolute or discharge such order, and may direct the costs of the application to be paid by either party, and may make such other order therein as he thinks fit.

Appeal

13. Upon the application of either party dissatisfied with any such order, the Court may discharge or vary the same.

Discharge on bankruptcy

14. (1) Any person in the custody of any sheriff, gaoler, or officer under any such writ shall upon the sequestration of his estate in pursuance of the law in force for the time being relating to bankruptcy, be entitled to his discharge from such custody on the order of a Judge of a court exercising jurisdiction in bankruptcy, and shall be forthwith discharged from such custody either absolutely or on such conditions as the said Judge may impose.
(2) No such sheriff, gaoler, or officer shall incur any liability in respect of such discharge to any person for anything done by him under this section.

Notes

(a)The Arrest on Mesne Process Act 1902, in its application in the Territory, comprises the Arrest on Mesne Process Act 1902 as amended by the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Arrest on Mesne Process Act 1902 in Part 4 of this Schedule.
(b)Section 2 and the Schedule and Part IV (comprising sections 15 to 35) were repealed by the New South Wales Acts Application Act 1984.

Part 5

Common Carriers Act 1902 No. 48, 1902

An Act to consolidate the enactments regulating the rights and liabilities of common carriers by land

Short title

1. This Act may be cited as the Common Carriers Act 1902.

Interpretation

3. In this Act, unless the context or subject-matter otherwise indicates or requires, “common carrier” means a common carrier by land.

Common carrier not liable for loss of certain goods above $20

4. No common carrier for hire shall be liable for the loss of or injury to any articles or property of the descriptions specified in the Second Schedule contained in any parcel or package which has been delivered either to be carried for hire or to accompany the person of any passenger in any conveyance by land when the value of such articles or property contained in such parcel or package exceeds the sum of $20 unless, at the time of delivery thereof at the office, warehouse or receiving-house of such common carrier or to his book-keeper or other servant for the purpose of being carried or of accompanying the person of any passenger as aforesaid, the value and nature of such articles or property are declared by the person sending or delivering the same and such increased charge, if any, as hereinafter mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package.

Increased charge may be demanded

5. (1) When any parcel or package containing any of the articles specified in the Second Schedule is delivered and its value and contents declared as aforesaid and such value exceeds the sum of $20, such common carrier may demand an increased rate of charge.
(2) Such increased rate shall be notified by a notice affixed in legible characters in some public and conspicuous part of the office warehouse or other receiving-house where such parcels or packages are received by such common carrier for the purpose of conveyance stating the increased rates of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe conveyance of such valuable articles.

(3) All persons sending or delivering parcels or packages containing such valuable articles as aforesaid at such office warehouse or other receiving-house shall be bound by such notice without further proof of the same having come to their knowledge.

Receipt to be given for increased charge

6. (1) When the value has been so declared and the increased rate of charge paid or an engagement to pay the same has been accepted, the person receiving such increased rate of charge or accepting such engagement shall, if thereto required, sign a receipt for the parcel or package acknowledging the same to have been insured.
(2) If such receipt is not given when required, or such notice as aforesaid has not been affixed, the common carrier shall not have or be entitled to any benefit or advantage under this Act but shall be liable and responsible as at the common law and be liable to refund the increased rate of charge if paid.

Public notices by carrier not to affect liability

7. (1) No public notice or declaration heretofore or hereafter made shall be deemed or construed to limit or in anywise affect the liability at common law of any common carrier in respect of any articles or goods to be carried and conveyed by him.
(2) All common carriers shall be liable as at the common law to answer for the loss or any injury to any articles and goods in respect whereof they are not entitled to the benefit of this Act any public notice or declaration by them made and given contrary thereto or in anywise limiting such liability notwithstanding.

Office etc. deemed to be receiving-house

8. (1) For the purposes of this Act, every office, warehouse or receiving-house used or appointed by any common carrier for the receiving of parcels to be conveyed as aforesaid shall be deemed and taken to be the receiving-house, warehouse or office of such common carrier.
(2) Any one or more of such common carriers shall be liable to be sued by his or their name or names only.
(3) No action or suit commenced to recover damages for loss or injury to any parcel, package or person shall abate for the want of joining any co-proprietor or co-partner in such public conveyance by land for hire as aforesaid.

Carrier liable for neglect or default

9. Every such carrier shall be liable for the loss of, or for any injury done to, any horses, cattle or other animals or to any articles, goods or things in the receiving, forwarding or delivering thereof occasioned by the neglect or default of such carrier or his servants notwithstanding any notice, condition or declaration made and given by such carrier contrary thereto or in anywise limiting such liability every such notice, condition or declaration being hereby declared to be null and void but the provisions in this section contained shall be subject to the following qualifications and conditions:—
(a)Every such carrier may make such conditions with respect to the necessary forwarding and delivering of any of the said animals, articles, goods or things as the Court or Judge before whom any question relating thereto is tried adjudges to be just and reasonable.
(b)No greater damages shall be recovered for the loss of, or for any injury done to, any of such animals beyond the sums mentioned in the Third Schedule unless the person sending or delivering the same to such carrier has at the time of such delivery declared them to be respectively of higher value, in which case such carrier may demand and receive by way of compensation for the increased risk and care thereby occasioned a reasonable percentage upon the excess of the value so declared above the respective sums so limited as aforesaid and which shall be paid in addition to the ordinary rate of charge and such percentage or increased rate of charge shall be notified in the manner prescribed in section 5 in the manner therein mentioned.
(c)No special contract between such carrier and any other parties respecting the receiving, forwarding or delivering of any animals, articles, goods or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods or things respectively for carriage.
(d)Nothing in this section shall affect the rights, privileges or liabilities of any such carrier with respect to articles of the description mentioned in the Second Schedule.

Felonious acts not protected

10. Nothing in this Act shall be deemed to protect any such carrier for hire from liability to answer for loss of or injury to any animals, goods or articles whatsoever arising from the felonious or fraudulent act of any servant in his employ nor to protect any such servant from liability for any loss or injury occasioned by his personal neglect or misconduct.

Carrier liable only for proved damage

11. No such carrier shall be concluded as to the value of any animal, parcel or package by the value so declared as aforesaid but he shall in all cases be entitled to require from the party suing in respect of any loss or injury proof of the actual value of any animal, parcel or package by the ordinary legal evidence and shall be liable to such damage only as is so proved as aforesaid not exceeding the declared value.

Second Schedule

Goods for loss of which carrier not liable above $20 unless declared

Gold or silver coin of the Commonwealth or of any other country; any gold or silver in a manufactured or unmanufactured state; any precious stones, jewellery, watches, clocks or time-pieces of any description; trinkets, gold or silver ores, bills, notes of any bank, orders, notes or securities for the payment of money; Australian stamps or stamps of a country other than Australia, maps, writings, title-deeds, paintings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials, furs or lace or any of them.

Third Schedule

Scale of damages for loss of or injury to animals

$

For a horse   .................................................................      100
For cattle, per head   ....................................................        30
For a sheep or a pig   ...................................................          4

Notes

(a)The Common Carriers Act 1902, in its application in the Territory, comprises the Common Carriers Act 1902 as amended by the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Common Carriers Act 1902 in Part 5 of this Schedule.
(b)Section 2 and the First Schedule were repealed by the New South Wales Acts Application Act 1984.

Part 6

Contractors’ Debts Act 1897 No. 29, 1897

An Act to consolidate the Acts for better securing the payment of debts due to workmen, tradesmen, and others

Short title

1. This Act may be cited as the Contractors’ Debts Act 1897.

Certificate of cause of debt

3. If in any proceeding at law in any court of competent jurisdiction in the Territory, any sum is found due and payable by the defendant for work and labour, or for material; or for material and work and labour, done, supplied, or provided by the plaintiff, and the character of the work, or material, and the locality in which the same has been done, supplied, or provided appears from the evidence, a Judge or magistrate of the court shall, upon the plaintiff’s application, sign and deliver to him a certificate of the cause of debts in the form in the Second Schedule, which, for the purposes of this Act, shall be conclusive.

Certificate not to be given if workman could have had a lien

4. No such certificate shall be given for any sum due and payable for work and labour if the work appears to have been done upon a movable chattel of such a description that it would be practicable for a workman to have a lien thereon by retaining the same in his actual possession.

Certificate to be for no more than sixty days’ wages

5. If the sum so found due for work and labour is in respect of daily, weekly, or monthly wages, and exceeds the amount of 60 days’ wages, such certificate shall be given for the amount of 60 days’ wages and no more.

Limitation of action by tradesman

6. All proceedings under this Act in respect of debts due for material, or for material and work and labour, shall be instituted within 3 months after any such debt accrues due.

Payment of debt out of moneys due to contractor

7. If the work done or material supplied be work or material, or part of or incidental to work or material, for the doing or supplying of which any moneys may be due or accruing due to the defendant in such proceeding (hereinafter referred to as the contractor) under any express or implied contract with any third person, the plaintiff in such proceeding (hereinafter referred to as the workman if the sum sued for and found to be due is on account of work done, or as the tradesman if the said sum is on account of material or material and work and labour) may obtain payment of the sum mentioned in the certificate out of such moneys by serving on such third person (hereinafter referred to as the contractee) a notice in the form in the Third Schedule, together with a copy of the certificate issued to him as aforesaid.

Service of notice to operate as assignment of moneys due to contractor

8. Upon service as aforesaid, all moneys due or to accrue due as aforesaid from the contractee to the contractor to the amount of the workman’s or tradesman’s debt specified in the certificate shall be deemed to be effectually assigned by the contractor to such workman or tradesman, but subject to any prior assignment thereof under this Act binding upon the contractor and contractee at the time of service being effected on the contractee as aforesaid.

Contractee to satisfy debt to workman or tradesman out of moneys due to contractor

9. After such service, and until a discharge for the workman’s or tradesman’s said debt in the form in the Fourth Schedule has been produced to, and a copy thereof left with, the contractee, he shall satisfy such debt out of the moneys assigned as aforesaid by paying to the workman or tradesman upon his application the said moneys as they become due and payable.

Priority of assignments

10. The priority of assignments as aforesaid shall be determined by the order of service of notice on the contractee, but all notices served within 7 days of the first notice served in respect of the same contractor shall be deemed to have been served at the same time for the purpose of securing the equal distribution of moneys due and accruing due to the contractor amongst all workmen and tradesmen serving notice within such period of 7 days rateably in proportion to the amounts of their respective debts until payment of all in full, and until such period of 7 days has expired the contractee shall not pay any such debt out of the moneys due and accruing due as aforesaid.

Recovery of moneys assigned

11. If the contractee fails to pay as aforesaid, the workman or tradesman may sue for and recover in his own name the moneys assigned as aforesaid as if the assignment of the debt due to the contractor were valid at law, and, by any proceeding which the contractor might have taken had there been no assignment under this Act, but subject to any defence which would have been available against the contractor in such proceeding, except a defence founded on the act of the contractee after service upon him of the notice and the copy of the certificate aforesaid.

Assignment ceases to operate on satisfaction of debt

12. Upon satisfaction by any other means than as aforesaid of the whole or part of the debt mentioned in any certificate under this Act, or on the setting aside of the judgment or order in respect of which any such certificate was given, any assignment effected under this Act in respect of such debt shall in the whole or in part cease to be operative, but without prejudice to any bona fide payment or other dealing by the contractee on the footing of such assignment prior to notice and sufficient evidence of such satisfaction or setting aside having been given to him, and so far as may be necessary to such payment or dealing such assignment shall continue in force.

Workman or tradesman to sign discharge on payment

13. The workman or tradesman shall, upon the request of the contractor or contractee paying to him the debt specified in the certificate, sign a discharge therefor in the form in the Fourth Schedule, and any workman or tradesman refusing to sign a discharge as aforesaid if tendered for signature at the time of payment shall forfeit and pay to the contractor or contractee so tendering a sum equal to the amount of the payment, such penalty to be recoverable in the Court of Petty Sessions.

Attachment of moneys after notice of action

14. The workman or tradesman, when, or at any time after, he takes out a summons or plaint against the defendant, may, by leave of the court in which the summons or plaint is taken out, or of the Judge or magistrate thereof, serve a notice of the action upon the contractee specifying the sum sued for. Such notice shall be in the form contained in the Fifth Schedule or to the effect thereof, and thereupon any moneys due or accruing due by the contractee to the defendant, or so much thereof as the court, Judge, or magistrate shall order, shall be attached and shall remain in the hands of the contractee until judgment is given in the action, unless the said court, Judge, or magistrate shall otherwise order on the application of the contractee, or of the defendant.

Application for leave to serve notice

15. Leave to serve such notice may be obtained on the ex-parte application of the workman or tradesman, and he shall, in such application prove on oath to the satisfaction of the court, or Judge or magistrate thereof, that the sum sued for is due and owing by the contractor.

Proceedings after judgment

16. The plaintiff, in the event of his obtaining judgment against the defendant, shall then proceed by further notice in the form in the Third Schedule as hereinbefore provided.

Contractor to furnish information

17. Every contractor against whom a certificate is granted shall on demand furnish to every workman employed by him, and to every tradesman to whom he is indebted for any material, or material and work and labour, a certificate in the form in the Sixth Schedule, and setting forth the name and address of his contractee. And every contractor refusing or neglecting to furnish, or making any untrue statement in such certificate, shall be liable to a penalty not exceeding $100, recoverable in the Court of Petty Sessions.

Contractor liable for certain debts of sub-contractor

18. A contractor who sublets any part of the work shall be responsible to the extent provided for by this Act for the wages of the workmen employed by, and for material, or material and work and labour, supplied for the sub-contractor, and a workman employed by, or a tradesman supplying material, or material and work and labour for, a sub-contractor, may proceed against the contractor, as in this Act provided, as if he had been directly employed by, or had directly contracted with, him.

Saving

19. Nothing in this Act shall be construed to prejudice any remedy which the workmen or tradesman may have against the contractor in respect of the debt due to him, or, saved as expressly provided, to affect any right subsisting under any contract as aforesaid, or otherwise, between the contractor and contractee.

Second Schedule Section 3

In pursuance of the Contractors’ Debts Act 1897 I hereby certify that on the day of the sum of $ was on a proceeding before me ascertained to be due and payable by (a) to (b) for work and labour done by him as (c) , (or for material provided by him for, or for material and work and labour provided and done by him for and upon) (d)
As witness my hand
this day of 19 .

(e)

Judge or Magistrate
(a)Name of defendant.
(b)Name of plaintiff.

(c)State generally the actual employment of plaintiff, e.g. bricklayer, labourer, shipwright.
(d)Describe generally the thing upon or in respect of which the plaintiff has been employed or for which he has provided material.
(e)Signature.

Third Schedule Section 7

To (a)

Take notice that the work (or material, or material and work and labour) specified in the certificate, a copy of which is served herewith, having been done (or provided, or provided and done) in performance of an agreement entered into with you by (b) , who has failed to pay me for such work (or material, or material and work and labour), you are hereby required under the Contractors’ Debts Act 1897 to pay me on demand the amount specified in the certificate out of any moneys now due or from time to time becoming due from you to the said (c) under the said agreement, and on your failing so to do, you will under the said Act be liable to legal proceedings at my suit to obtain payment.
As witness my hand
this day of 19 .

(d)

(a)Name and address of contractee.
(b)Name and address of contractor.
(c)Name of contractor.
(d)Signature of workman or tradesman.

Fourth Schedule Sections 9 and 13

I hereby acknowledge that the debt $ certified to be due to me by (a) in a certificate issued under the Contractors’ Debts Act 1897 and dated the day of 19 , has been fully discharged.

As witness my hand

this day of 19 .

(b)

(a)Name of contractor.
(b)Signature of workman or tradesman.

Fifth Schedule Section 13

In the Court

Between A.B., plaintiff and C.D., defendant.
To E.F., of
By leave of this Court (or of G.H. a judge of this Court, or J.K. a magistrate of this Court) and on the application of A.B., the plaintiff, you are hereby required to retain in your hands until judgment herein or as this Court otherwise orders all moneys due or accruing due from you to the said C.D., or if the same shall exceed $  then $ thereof.
Dated this  day of  19    .
Judge (or Magistrate) of the Court.
Sixth Schedule  Section 17

I hereby certify that (a) is the contractee of the work (b) upon which you (c) are now employed (or: for which you (d) have provided material, or material and labour).

As witness my hand this day of 19 .

(e)

(a)Name and address of contractee.
(b)State generally the kind of work as in the Second Schedule.
(c)Name of workman.
(d)Name of tradesman.
(e)Signature of contractor.

Notes

(a)The Contractors’ Debt Act 1897, in its application in the Territory, comprises the Contractors’ Debts Act 1897 as amended by the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Contractors’ Debts Act 1897 in Part 6 of this Schedule.
(b)Section 2 and the First Schedule were repealed by the New South Wales Acts Application Act 1984.

Part 7

Conveyancing and Law of Property Act 1898 No. 17, 1898

An Act to consolidate the statutes relating to conveyances, assignments and titles to lands

Short title

1. (1) This Act may be cited as the Conveyancing and Law of Property Act 1898.
(2) Nothing in this Act contained shall be taken in any way to alter or modify the provisions of the Married Women’s Property Act 1901, in its application in the Territory, but this Act shall have effect only so far as it is not inconsistent with the said Married Women’s Property Act 1901, in its application in the Territory.

Voluntary settlement of land not be deemed fraudulent

29. (1) Notwithstanding anything in the Act 27 Elizabeth Chapter 4, in its application in the Territory, no settlement of land duly registered—
(a)before the commencement of the Registration of Deeds Act 1957—under the Registration of Deeds Act 1897 in its application in the Territory;

(b)after the commencement of that Act—under that Act; or
(c)under the Real Property Act 1925,

shall, in favour of a purchaser taking under a contract, deed or other instrument made subsequently to that registration, be deemed fraudulent by reason only that the settlement was not made for valuable consideration.

(2) The word “settlement” in this section shall include conveyance, assignment, lease, mortgage, charge, limitation of uses, declaration of trusts, transfer, and other instruments creating or transferring any estate or interests in land, whether under the provisions of the Real Property Act 1925, or otherwise.

Bona fide purchase of reversionary interest not to be set aside for under value only

30. (1) No purchase made bona fide and without fraud or unfair dealing of any reversionary interest in real or personal estate shall hereafter be opened or set aside merely on the ground of under value.
(2) The word “purchase” in this section shall include every kind of contract, conveyance, or assignment under or by which any beneficial interest in any kind of property may be acquired, and the words “reversionary interest” shall include any estate or interest in remainder or expectancy.

Registration of deed of feoffment equivalent to livery of seisin

31. The due registration in the office of the Registrar of Titles of any deed of feoffment shall operate as and be for all purposes equivalent to livery of seisin as to the lands and hereditaments comprised in and intended to be conveyed by such deed of feoffment, the same in all respects as if there had been livery of seisin actually made and given of the same lands and hereditaments in the most valid and effectual form and manner.

Release equivalent to lease and release

32. Every deed or instrument of release executed after the passing of this Act shall be as effectual as if the releasing parties who have executed the same had also executed a lease or bargain and sale for a year giving effect to such release, although no such lease or bargain and sale had been executed, and the recital or mention of a lease or bargain and sale in a release executed before 1 January 1844, shall be conclusive evidence of the execution of such lease or bargain and sale.

Provision for cases of future and contingent uses

33. Where by any instrument, whether executed before or after the passing of this Act, any hereditaments are limited to uses, all uses thereunder whether expressed or implied by law, and whether immediate or future or contingent or executory or to be declared under any power therein contained, shall take effect when and as they arise by force of and by relation to the estate and seisin originally vested in the person seised to the uses, and the continued existence in him or elsewhere of any seisin to uses or scintilla juris shall not be deemed necessary for the support of or to give effect to future or contingent or executory uses, nor shall any such seisin to uses or scintilla juris be deemed to be suspended or to remain or to subsist in him or elsewhere.

Assignment of personality to self and another

34. Any person may assign personal property now by law assignable, including chattels real, directly to himself and another person by the like means as he might assign the same to another.

Sale under power not to be avoided for mistaken payment to tenant for life

36. (1) Where, under a power of sale, a bona fide sale is made of an estate with the timber thereon, or any other articles attached thereto, and the tenant for life, or any other party to the transaction, is by mistake allowed to receive for his own benefit for the purchase money as the value of the timber or other articles, the Supreme Court, upon any claim or application in a summary way as the case may require or permit may declare that, upon payment by the purchaser or the claimant under him of the full value of the timber and articles at the time of sale, with such interest thereon as the said Court directs, and the settlement of the said principal, moneys, and interest under the direction of the said Court upon such parties as in the opinion of the said Court are entitled thereto, the said sale ought to be established.
(2) Upon such payment and settlement being made accordingly the said Court may declare that the said sale is valid, and thereupon the legal estate shall vest and go in like manner as if the power had been duly executed.
(3) The costs of the said application as between solicitor and client shall be paid by the purchaser or the claimant under him.

Part IV—Leases and Sales of Settled Estates of Infants

Interpretation

37. (1) The word “settlement” as used in this Part shall signify any Act of the Commonwealth, deed, agreement, will, or other instrument, or any number of such instruments, under or by virtue of which any hereditaments or any estate or interest in land stand for the time being limited to or in trust for any persons by way of succession, including any such instruments affecting the estates of any one or more of such persons exclusively.
(2) The terms “settled estates” as used in this Part shall signify all hereditaments of any tenure, and all estates or interests in any such hereditaments which are the subject of a settlement.
(3) For the purposes of this Part a tenant in tail after possibility of issue extinct shall be deemed to be a tenant for life.
(4) All estates or interests in remainder or reversion not disposed of by the settlement and reverting to the settlor or descending to the heir of a testator or passing to his personal representatives or next of kin under the law relating to the descent and distribution of the real estate of intestates shall be deemed to be estates coming to such settlor, heir, personal representative, or next of kind under and by virtue of the settlement.
(5) Land and any estate or interest therein which is the subject of a settlement is for the purposes of this Part settled land.
(6) In determining what are settled estates within the meaning of this Part, the Court shall be governed by the state of facts and by the trusts or limitations of the settlement at the time of the said settlement taking effect.
(7) Where a person in his own right seised or beneficially entitled to land for an estate in fee simple or for any leasehold interest at a rent is an infant, such land or leasehold interest shall be deemed to be settled estate within the meaning of this Part.
(8) The expression “The Court” in this Part of this Act shall mean the Supreme Court.
(9) For the purposes of this Part, a person shall be deemed to be entitled to the possession or to the receipt of the rents and profits of settled land, although his estate may be charged or encumbered either by himself or by the settlor or otherwise howsoever to any extent, but the estates or interests of the parties entitled to any such charge or encumbrance shall not be affected by the acts of the persons entitled to the possession or to the receipt of the rents and profits as aforesaid unless they concur therein.

Power of the Court to authorize leases

38. The Court may, if it deem it proper and consistent with a due regard for the interests of all parties entitled under the settlement and subject to the provisions and restrictions in this Part contained, authorize leases of any settled estates or of any rights or privileges over or affecting any settled estates for any purpose whatsoever whether involving waste or not, provided the following conditions be observed:—

Every such lease shall be made to take effect in possession at or within 1 year next after the making thereof, and shall be for a term of years not exceeding for any agricultural or occupation lease 10 years, and for a mining lease 40 years, and for a repairing lease 15 years, and for a building lease 30 years.
(2)(a) On every such lease shall be reserved the best rent or reservation in the nature of rent, either uniform or not, that can be reasonably obtained, to be made payable half-yearly or oftener, without taking any fine or other benefit in the nature of a fine.
(b)In the case of a mining lease a nominal rent, or any smaller rent than the rent to be ultimately made payable, if the Court thinks fit so to direct, be made payable during all or any part of the first 5 years of the lease.
(c)In the case of a mining lease, the rent reserved may be in part by way of royalty on the minerals raised, or on the gross or net produce thereof.
(3)(a) Where the lease is of any earth, coal, stone, or mineral, a certain portion of the whole rent or payment reserved shall be from time to time set aside and invested as hereinafter mentioned namely, when and so long as the person for the time being entitled to the receipt of such rent is a person who, by reason of his estate or by virtue of any declaration in the settlement, is entitled to work such earth, coal, stone, or mineral for his own benefit one-fourth part of such rent and otherwise three-fourth parts thereof.
(b)In every such lease, sufficient provision shall be made to ensure such application of the aforesaid portion of the rent by the appointment of trustees, or otherwise as the Court deems expedient.
(4) Every such lease shall be by deed, and the lessee shall execute a counterpart thereof.
(5) Every such lease shall contain a condition for re-entry on non-payment of the rent for a period of 28 days after it becomes due, or for some less period to be specified in that behalf.

Special covenants

39. Subject and in addition to the conditions hereinbefore mentioned, every such lease shall contain such covenants, conditions, and stipulations as the Court deems expedient with reference to the special circumstances of the demise.

Leases of settled land

40. The power to authorize leases conferred by this Part shall extend to authorize leases either of the whole or any parts of the settled land, and may be exercised from time to time.

Surrender and renewal of leases

41. Any leases, whether granted in pursuance of this Part or otherwise, may be surrendered, either for the purpose of obtaining a renewal of the same or not: and the power to authorize leases conferred by this Part shall extend to authorize new leases of the whole or any part of the hereditaments comprised in any surrendered lease.

Authorization of preliminary contracts

42. The power to authorize leases conferred by this Part shall extend to authorize preliminary contracts to grant any such leases, and any of the terms of such contracts may be varied in the leases.

Modes of authorization

43. The power to authorize leases conferred by this Part may be exercised by the Court, either by approving of particular leases or by ordering that powers of leasing in conformity with the provisions of this Part shall be vested in trustees in manner hereinafter mentioned.

Evidence

44. Where application is made to the Court either to approve of a particular lease or to vest any powers of leasing in trustees, the Court shall require the applicant to produce such evidence as it deems sufficient to enable it to ascertain the nature, value, and circumstances of the estate, and the terms and conditions on which leases thereof ought to be authorized.

Court to direct who shall be lessor

45. When a particular lease or contact for a lease has been approved by the Court, the Court shall direct who shall execute the same as lessor, and the lease or contract executed by such person shall take effect in all respects as if he was at the time of the execution thereof absolutely entitled to the whole estate or interest which is bound by the settlement, and had immediately afterwards settled the same according to the settlement, and so as to operate (if necessary) by way of revocation and appointment of the use or otherwise as the Court directs.

Powers of leasing may be vested in trustees

46. (1) Where the Court deems it expedient that any general powers of leasing any settled estates conformably to this Act should be vested in trustees, it may by order vest any such power accordingly, either in the existing trustees of the settlement or in any other persons, and such powers when exercised by such trustees shall take effect in all respects as if the power so vested in them had been originally contained in the settlement, and so as to operate (if necessary) by way of revocation and appointment of the use or otherwise as the Court directs.
(2) In every such case the Court may impose any conditions as to consents or otherwise on the exercise of such power, and may also authorize the insertion of provisions for the appointment of new trustees from time to time for the purpose of exercising such powers of leasing as aforesaid.

Exception of minerals

47. On any lease of land any earth, coal, stone or mineral may be excepted, and any rights or privileges may be reserved, and the lessee may be required to enter into any covenants and submit to any restrictions which the Court may deem advisable.

Sale of settled estates

48. (1) The Court may, if it deems it proper and consistent with a due regard for the interest of all parties entitled under the settlement and subject to the provisions and restrictions in this Part contained, from time to time authorize a sale of the whole or any parts of any settled estates.
(2) Every such sale shall be conducted and confirmed in the same manner as by the rules and practice of the Court for the time being is or shall be required in the sale of lands sold under a decree of the Court.
(3) The Court may authorize any such sale to be conducted out of Court upon such terms and conditions and subject to such restrictions as to the Court may seem fit.

Consideration for sale of land for building

49. When any land is sold for building purposes, the Court may allow the whole or any part of the consideration to be a rent issuing out of such land which may be secured and settled in such manner as the Court approves.

Minerals to be excepted

50. On any sale of land, any earth, coal, stone, or mineral may be excepted, and any rights or privileges may be reserved, and the purchaser may be required to enter into any covenants or submit to any restrictions which the Court may deem advisable.

Dedication of land for streets etc.

51. The Court may, if it deems it proper and consistent with a due regard for the interests of all parties entitled under the settlement and subject to the provisions and restrictions in this Part contained, from time to time direct that any part of any settled estates be laid out for streets, roads, paths, squares, gardens, or other open spaces, sewers, drains, or watercourses either to be dedicated to the public or not, and the Court may direct that the parts so laid out shall remain vested in the trustees of the settlement or be conveyed to or vested in any other trustees upon such trusts for securing the continued appropriation thereof to the purposes aforesaid in all respects, and with such provisions for the appointment of new trustees when required as by the Court are deemed advisable.

Laying out and maintenance of streets etc.

52. (1) Where any part of any settled estates is directed to be laid out for such purposes as aforesaid, the Court may direct that any such streets, roads, paths, squares, gardens, or other open spaces, sewers, drains, or watercourses, including all necessary or proper fences, pavings, connections, and other works incidental thereto, respectively, be made and executed, and that all or any part of the expenses in relation to such laying out, and making and execution, be raised and paid by means of a sale or mortgage of or charge upon all or any part of the settled estates, or be raised and paid out of the rents and profits of the settled estates, or any part thereof, or out of any moneys or investments representing moneys liable to be laid out in the purchase of hereditaments to be settled in the same manner as the settled estates, or out of the income of such moneys or investments, or out of any accumulations of rents, profits, or income.
(2) The Court may also give such directions as it may deem advisable for any repair or maintenance of any such streets, roads, paths, squares, gardens, or other open spaces, sewers, drains, or watercourses, or other works out of any such rents, profits, income, or accumulations during such periods of time as to the Court seems advisable.

Sales and dedications to be effected under direction of Court

53. On every sale or dedication to be effected as hereinbefore mentioned, the Court may direct who shall execute the deed of conveyance, and the deed executed by such person shall take effect as if the settlement had contained a power enabling such person to effect such sale or dedication, and so as to operate if necessary by way of revocation and appointment of the use or otherwise as the Court directs.

Petition for exercise of powers

54. Any person entitled to the possession or to the receipt of the rents and profits of any settled estates for a term of years determinable on his death or for an estate for life or any greater estate, and also any person entitled to the possession or to the receipt of the rents and profits of any settled estates as the assignee of any person who, but for such assignment, would be entitled to such settled estate for a term of years determinable with any life, or for an estate for any life, or any greater estate may apply to the Court by petition in a summary way to exercise the powers conferred by this Part.

Consents required

55. Subject to the exceptions hereinafter contained, every application to the Court must be made with the concurrence or consent of the following parties, namely:—

Where there is a tenant in tail under the settlement in existence and of full age, then the parties to concur or consent shall be such tenant in tail, or if there is more than one such tenant in tail, then the first of such tenants in tail and all persons in existence having any beneficial estate or interest under or by virtue of the settlement prior to the estate of such tenants or tenant in tail, and all trustees having any estate or interest on behalf of any unborn child prior to the estate of such tenant in tail.
And in every other case, the parties to concur or consent shall be all the persons in existence having any beneficial estate or interest under or by virtue of the settlement, and also all trustees having any estate or interest on behalf of any unborn child.

Dispensing with certain consents

56. Where an infant is tenant in tail under the settlement, the Court may dispense with the concurrence or consent of all or any of the persons entitled, whether beneficially or otherwise, to any estate or interest subsequent to the estate tail of such infant.

Notice of application

57. (1) Where, on an application under this Part, the concurrence or consent of any such person as aforesaid has not been obtained, notice shall be given to such person in such manner as the Court directs requiring him to notify within a time to be specified in such notice whether he assents to or dissents from such application, or submits his rights or interests so far as they may be effected by such application to be dealt with by the Court.
(2) Every such notice shall specify to whom and in what manner such notification is to be delivered or left.
(3) In case no notification is delivered or left in accordance with the notice, and within the time thereby limited, the person to or for whom such notice has been given or left shall be deemed to have submitted his rights and interests to be dealt with by the Court.

Dispensing with notice

58. (1) Where, on an application under this Part, the concurrence or consent of any such person as aforesaid has not been obtained, and in case such person cannot be found, or in case it is uncertain whether he be living or dead, or in case it appears to the Court that such notice as aforesaid cannot be given to such person without expense disproportionate to the value of the subject matter of the application, then and in any such case the Court may, either on the ground of the rights or interests of such person being small or remote, or being similar to the rights or interests of any other person, or on any other ground, by order dispense with notice to such person, and such person shall thereupon be deemed to have submitted his rights and interests to be dealt with by the Court.

(2) In order to ascertain who are the persons having the right to assent or dissent, or submit as herein provided, the Court may direct the Registrar of the Supreme Court to make inquiry in that behalf as in the case of suits for partition, and the Registrar’s report shall, if approved by the Court, be conclusive for the purposes of such application, and any person having any interest who is not mentioned in the report, and does not make claim to the Court before the order on such application has been made shall be deemed to have submitted his rights and interests to be dealt with by the Court.

Dispensing with consent in view of number of parties etc.

59. An order may be made upon any application notwithstanding that the concurrence or consent of any such person as aforesaid has not been obtained or has been refused, but the Court in considering the application shall have regard to the number of persons who concur in or consent to the application and who dissent therefrom, or who submit or are to be deemed to submit their rights or interests to be dealt with by the Court, and to the estates or interests which such persons respectively have or claim to have in the estate as to which such application is made, and every order of the Court made upon such application shall have the same effect as if all such persons had been consenting parties thereto.

Petition may be granted without consent

60. The Court may nevertheless give effect to any petition subject to and so as not to affect the rights, estate, or interest of any person whose concurrence or consent has been refused, or who has not submitted or is not deemed to have submitted his rights or interests to be dealt with by the Court, or whose rights, estate, or interest ought in the opinion of the Court to be excepted.

Notice of application to be served on trustees

61. Notice of any application to the Court under this Part shall be served on all trustees who are seized or possessed of any estate in trust for any person whose consent or concurrence to or in the application is hereby required, and on any other parties who in the opinion of the Court ought to be so served unless the Court thinks fit to dispense with such notice.

Publication of notice of application

62. Notice of any application to the Court under this Part shall, if the Court so directs but not otherwise, be inserted in such newspapers as the Court directs, and any person, whether interested in the estate or not, may apply to the Court by motion for leave to be heard in opposition to or in support of any application which may be made to the Court under this Part, and the Court is hereby authorized to permit such person to appear and be heard in opposition to or in support of any such application on such terms as to costs or otherwise and in such manner as it thinks fit.

Application of moneys arising from sales

63. All money to be received on any sale effected under the authority of this Part, or to be set aside out of the rent or payments reserved on any lease of earth, coal, stone, or minerals as aforesaid may, if the Court thinks fit, be paid to any trustees of whom it shall approve, or otherwise the same shall be paid into Court ex parte the applicant in the matter of this Part, and such money shall be invested, deposited, or otherwise applied as the Court shall from time to time direct in some one or more of the following modes, namely—
(a)In investment in Government securities, or on other securities on which trustees are by law authorized to invest trust moneys, or on which the trustees of the settlement are by the settlement authorized so to invest:
Provided that in case of investment in terminable securities provisions shall be made by way of sinking fund or otherwise in respect of any premiums or discount so as to secure the full capital for persons having remoter interests.

(b)By deposit as interest in any bank as authorized by the present or any future rules of Court.
(c)In discharge, purchase, or redemption of incumbrances affecting the inheritance of the settled land or other the whole estate the subject of the settlement, or affecting any other hereditaments subject to the same uses or trusts.
(d)In purchase of the reversion in fee of any part of the settled land being leasehold land for years or life or years determinable on life.
(e)In purchase of land in fee simple, of leasehold land held for 60 years or more unexpired at the time of purchase or of land held under the provisions of the Leases Act 1918 or the City Area Leases Act 1936, to be settled in the same manner as the hereditaments in respect of which the money was paid, or as near thereto as the different nature of the property purchased may admit.
(f)In payment to any person becoming absolutely entitled or empowered to give an absolute discharge.
(g)In payment of costs, charges, and expenses of or incidental to the exercise of any of the powers, or the execution of any of the provisions of this Part.
(h)In any other mode in which money produced by the exercise of a power of sale in the settlement is applicable thereunder.

Transmission and devolution of capital

64. Capital money arising under this Part while remaining uninvested or unapplied, and securities on which an investment of any such capital money is made shall, for all purposes of disposition, transmission, and devolution be considered as land, and the same shall be held for and go to the same persons successively in the same manner and for and on the same estates, interests, and trusts as the land wherefrom the money arises would, if not disposed of, have been held and have gone under the settlement, and the income of such capital money and such securities shall be paid or applied as the income of that land, if not disposed of, would have been payable or applicable under the settlement.

Application of certain moneys without order of Court

65. The application of the money in manner aforesaid may, if the Court so directs, be made by the trustees (if any) without any application to the Court, or otherwise upon an order of the Court upon the petition of the person who would have been entitled to the possession or the receipt of the rents and profits of the settled estates.

Interim investment of moneys

66. Until the money can be applied as aforesaid, the same shall be invested as the Court directs in some or one of the investments in which cash under the control of the Court is for the time being authorized to be invested, and the interest and dividends of such investments shall be paid to the person who would have been entitled to the rents and profits of the land if the money had been invested in the purchase of land.

Court may direct application of moneys in respect of leases etc.

67. Where any purchase money paid into Court under the provisions of this Part shall have been paid in respect of any lease for a life or lives or years, or for a life or lives or years, or any estate in lands less than the whole fee simple thereof, or of any reversion dependent on any such lease or estate, the Court on the petition of any party interested in such money may order that the same shall be laid out, invested, accumulated, and paid in such manner as the said Court may consider will give to the parties interested in such money the same benefit therefrom as they might lawfully have had from the lease, estate, or reversion in respect of which such money has been paid, or as near thereto as may be.

Leases by tenants for life of settled estates

68. (1) Any of the following persons, that is to say—
(a)A person entitled to the possession or to the receipt of the rents and profits of any settled estates—
(i)for an estate for any life; or
(ii)for a term of years determinable with any life or lives; or
(iii)for any greater estate,

(unless the settlement expressly declares that any such person may not make such demise); and
(b)A person entitled to the possession or to the receipt of the rents and profits of any unsettled estates—
(i)as tenant in tail after possibility of issue extinct; or
(ii)as tenant by the courtesy,

may, without any application to the Court, demise the same or any part thereof from time to time for any term not exceeding 10 years, to take effect in possession at or within 1 year next after the making thereof.

(2) Every such demise shall be made by deed, and the best rent that can reasonably be obtained shall be thereby reserved without any fine or other benefit in the nature of a fine, which rent shall be incident to the immediate reversion.
(3) Such demise shall not be made without impeachment of waste, and shall contain a covenant for payment of the rent, and such other usual and proper covenants as the lessor thinks fit, and also a condition of re-entry on non-payment of the rent for a period of 28 days after it becomes due, or for some less period to be specified in that behalf.
(4) A counterpart of every deed of lease shall be executed by the lessee.

Effect of leases

69. Every demise authorized by the last preceding section shall be valid against the person granting the same, and all other persons entitled to estates subsequent to the estate of such person under or by virtue of the same settlement if the estates be settled.

Provisions as to persons under disability

70. (1) All powers given by this Part and all applications to the Court under this Part, and consents to and notifications respecting such applications, may be executed, made, or given by, and all notices under this Part may be given to guardians on behalf of infants, and by or to committees or other persons entrusted with the care, control, and management of their estates on behalf of lunatics, insane or incapable persons or insane patients, and by or to trustees or assignees of the property of bankrupts or insolvents.
(2) In the case of any tenant in tail who is an infant, or lunatic, or an insane or incapable person, or insane patient, no application or consent to, or notification respecting any application may be made or given by any guardian or committee, or other such persons as aforesaid, without the special direction of the Court.

No person obliged to apply or consent

74. Nothing in this Part shall be construed to create any obligation on any person to make or consent to any application to the Court, or to exercise any power.

Evidence of execution of counterpart lease by lessee

75. The execution of any lease by the lessor shall be deemed sufficient evidence that a counterpart of such lease has been duly executed by the lessee as required by this Act.

Record of exercise of powers

76. The Court shall direct that some sufficient notice of any exercise of any of the powers conferred on it by this Part shall be placed on the settlement, or on any copies thereof, or otherwise recorded in any way it may think proper in all cases where it appears to the Court to be practicable and expedient for preventing fraud or mistake.

Court may exercise powers repeatedly

77. (1) The Court may exercise any of the powers conferred on it by this Part whether the Court has already exercised any of such powers in respect of the same property or not.
(2) The powers conferred on the Court by this Part may be exercised if the Court thinks fit, notwithstanding any express declaration is contained in the settlement that they shall not be exercised.
(3) If in any settlement a provision is inserted purporting or attempting by way of direction, declaration, or otherwise to prevent or forbid the exercise by the Court of any such powers, or attempting or tending, or intended by a limitation gift, or disposition over of settled land, or by a limitation gift or disposition of other real or any personal property, or by the imposition of any condition, or by forfeiture, or in any other manner whatever to prohibit or prevent any person entitled under this Part to apply to the Court to exercise such powers from so applying, or to induce such persons to abstain from so applying that provision, so far as it purports or attempts, or tends, or is intended to have, or would or might have the operation aforesaid, shall be deemed to be void.
(4) An estate or interest limited to continue so long only as a person abstains from applying to the Court to exercise any of such powers, or so long only as any such powers shall remain unexercised, shall be, and take effect as an estate, or interest to continue for the period for which it would continue if that person were to abstain from so applying, or if any such power were not exercised discharged from liability to determination or cesser by or on such person applying, or by or on any such power being exercised.

Court not to authorize act beyond power of settlor to authorize

78. Nothing in this Part shall be construed to empower the Court to authorize any lease, sale, or other act beyond the extent to which, in the opinion of the Court, the same might have been authorized in and by the settlement by the settlor or settlors.

Acts of Court not to be called in question

79. After the completion of any lease or sale or other act under the authority of the Court, and purporting to be in pursuance of this Act, the same shall not be invalidated on the ground that the Court was not hereby empowered to authorize the same, except that no such lease, sale, or other act shall have any effect against such person as herein mentioned whose concurrence or consent ought to be obtained, or who ought to be served with notice, or in respect of whom an order dispensing with such service ought to be obtained in the case where such concurrence or consent has not been obtained and such service has not been made or dispensed with.

Costs

80. (1) The Court may order that all or any costs or expenses of all or any parties of and incident to any application under this Part shall be a charge on the hereditaments which is the subject of the application, or on any other hereditaments included in the same settlement and subject to the same limitations, or on any capital money arising under this Part, or on any securities on which an investment of any such money is made.
(2) The Court may also direct that such costs and expenses shall be raised by sale or mortgage of a sufficient part of any such hereditaments, or paid out of the rents and profits thereof, or out of any securities taken under this Part or the income thereof, such costs and expenses to be taxed as the Court directs.

Part V—Renewable Leaseholds of Persons Under Disability

Surrender and renewal of infants’ leaseholds

82. Where an infant is entitled to a lease made or granted for a life or for any term of years, either absolute or determinable on a death or otherwise, such infant, or the guardian of such infant, or some other person on behalf of such infant, may apply to the Supreme Court by motion or summons, and by the order and direction of the said Court such infant or guardian, or any person appointed in the place of such infant by the said Court, may be enabled from time to time by deed to surrender such lease, and accept and take in the place and for the benefit of such infant a new lease of the premises in such lease surrendered as aforesaid for and during such number of lives, or for such term of years either absolute or determinable as aforesaid as was mentioned in the surrendered lease, or otherwise as the said Court directs.

Charges for renewal to be charged on estates

83. Every sum of money and other consideration paid by any guardian, trustee, or other person as or in the nature of a fine, premium or income, for the renewal of any such lease, and all reasonable charges incident thereto shall be paid out of the estate or effects of the infant for whose benefit the lease is renewed, or shall be a charge upon the leasehold premises, together with interest for the same as the said Court directs.

New leases to be to the same uses

84. Every lease so renewed shall operate and be to the same uses, and be liable to the same trusts, charges, incumbrances, dispositions, devices, and conditions, as the lease surrendered as aforesaid was or would have been subject to in case such surrender had not been made.

Grant of renewals by infants

85. Where any infant might, in pursuance of any covenant or agreement, if not under disability, be compelled to renew any lease or to be made for the life of any person or for any term of years absolute or determinable on a death, such infant, or his guardian in the name of such infant, may by the direction of the Supreme Court, to be signified by an order to be made in a summary way upon the petition of such infant, or his guardian, or of any person entitled to such renewal, from time to time accept a surrender of such lease, and make and execute a new lease of the premises comprised in such lease for and during such number of lives, or for such term of years determinable upon such number of lives, or for such term of years absolute, as was mentioned in the lease so surrendered or otherwise as the said Court by such order directs.

Persons out of the jurisdiction

86. (1) Where any person who, in pursuance of any covenant or agreement in writing, might, if within the jurisdiction and amenable to the process of the Supreme Court, be compelled to execute any lease by way of renewal, is not within the jurisdiction or not amenable to the process of the said Court, the said Court may, by an order to be made upon the petition of any of the persons entitled to such renewal (whether such person be or be not under any disability), direct such person as the said Court thinks proper to appoint for that purpose, to accept a surrender of the subsisting lease, and make and execute a new lease in the name of the person who ought to have renewed the same.
(2) Such deed, executed by the person appointed as aforesaid, shall be as valid as if the person in whose name the same had executed the same, and had been alive and not under any disability.
(3) In every such case the said Court may, if under the circumstances it seems requisite, direct a suit to be instituted to establish the right of the party seeking the renewal, and not make the order for such new lease unless by the decree made in such cause, or until after such decree has been made.

Fines to be paid before renewal

87. (1) No renewal lease shall be executed by virtue of this Part, in pursuance of any covenant or agreement, unless the fine (if any) or such other sum (if any) as ought to be paid on such renewal, and such things (if any) as ought to be performed in pursuance of such covenant or agreement by the lessee or tenant, be first paid and performed.
(2) Counterparts of every renewed lease to be executed by virtue of this Act shall be duly executed by the lessee.

Manner of payment of premiums

88. All fines, premiums, and sums of money had, received, or paid for, or on account of, the renewal of any lease, after deduction of all necessary incidental charges and expenses, shall be paid in the manner following:—
(a)If the renewal is made by, or in the name of, an infant, to his guardian, to be applied and disposed of for the benefit of the infant as the said Court directs.
(c)If the renewal is made in the name of a person out of the jurisdiction or not amenable as aforesaid, to such person, and in such manner, or to such account in court as the said Court directs.

Surrenders and leases deemed valid

89. Every surrender, lease, or other disposition granted, accepted, executed, or made by virtue of this Part shall be as valid to all intents and purposes as if the person by whom, or in whose place, or on whose behalf the same respectively is granted, accepted, executed, or made had been of full age, and had granted, accepted, executed, and made the same.

Costs

90. The said Court may order the costs and expenses of and relating to the applications, orders, directions, and transfers made in pursuance of this Part, or any of them, to be paid and raised out of or from the lands or the rents in respect of which the same respectively are made, in such manner as the said Court thinks proper.

Discharge of judgment debtor on authority of attorney

24. (1) A written order under the hand of the attorney in the cause by whom any writ of capias ad satisfaciendum has been issued shall justify the sheriff, gaoler, or person in whose custody the part may be discharging such party unless the party for whom such attorney professes to act has given written notice to the contrary to such sheriff, gaoler, or person.
(2) Such discharge shall not be a satisfaction of the debt unless made by the authority of the creditor.
(3) Nothing herein contained shall justify any attorney in giving such order for discharge without the consent of his client.

Ca.sa. may be executed on Sunday

26. Any writ of capias ad satisfaciendum issued out of the Supreme Court may be lawfully executed upon Sunday.

Notes

(a)The Judgment Creditors’ Remedies Act 1901, in its application in the Territory, comprises the Judgment Creditors’ Remedies Act 1901 as amended by the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Judgment Creditors’ Remedies Act 1901 in Part 20 of this Schedule.
(b)Section 2 and the Schedule, Part II (comprising section 3), Part III (comprising sections 4 to 19) section 25 and Part V (comprising sections 27 to 33) were repealed by the New South Wales Acts Application Act 1984.

Part 21

Landlord and Tenant Act 1889 No. 18, 1899

An Act to consolidate the Statutes relating to the law of landlord and tenant

Short title

1. This Act shall be called the Landlord and Tenant Act 1899.

Part I—Facilitation of Leases

Short forms

3. Whenever any party to any deed made according to the tenor and effect of the form set forth in Schedule B, or whenever any party to any other deed which is expressed to be made in pursuance to this Act, employs in such deed respectively any of the forms of words contained in column 1 of Schedule C, and distinguished by any number therein, such deed shall be taken to have the same effect and be construed as if such party had inserted in such deed the form of words contained in column 2 of the same Schedule, and distinguished by the same number as is annexed to the form of words employed by such party, but it shall not be necessary in any such deed to insert any such numbers.

Deed to include buildings etc.

4. Every such deed, unless any exception be specially made therein, shall be held and construed to include all outhouses, buildings, barns, stables, yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, watercourses, liberties, privileges, easements, profits, commodities emoluments, hereditaments, and appurtenances whatsoever to the lands and tenements therein comprised, belonging, or in anywise appertaining.

Fee for preparing deed not to be fixed by length only

5. In taxing any bill for preparing and executing any deed under this Part, or which may be prepared under this Part, the taxing officer of the Supreme Court, in estimating the proper sum to be charged for such transaction, shall consider not the length of such deed, but only the skill and labour employed and responsibility incurred in the preparation thereof.

Saving of certain deeds

6. Any deed, or part of a deed, which fails to take effect by virtue of this Part shall nevertheless be as valid and effectual, and shall bind the parties thereto so far as the rules of law and equity permit, as if this Act had not been made.

Part II—Tenements recovery by ejectment in Supreme Court

Tenants to give notice of ejectment to landlord

7. Every tenant to whom any writ in ejectment is delivered, or to whose knowledge it comes, shall forthwith give notice thereof to his landlord, or his bailiff or receiver, under penalty of forfeiting the value of 3 year’s improved or rack rent of the premises demised or held in the possession of the tenant to the person of whom he holds to be recovered by action in the Supreme Court.

Part IV—Tenements recovery in Court of Petty Sessions

Interpretation

22. In the construction of this Part—
(a)the word “land” means land, houses, or other corporeal hereditaments;
(b)the word “agent” means any person usually employed by the landlord in the letting of the land or in the collection of the rents thereof, or specially authorized to act in the particular matter by writing under the hand of such landlord.

Recovery of possession in Court of Petty Sessions

23. (1) When the term or interest of the tenant of any land held by him for any term of years, or for any less estate or interest, either with or without being liable to the payment of any rent, has expired by effluxion of time or has been determined by notice to quit or demand of possession, and such tenant or any person claiming under him who is actually occupying such land or any part thereof neglects to quit and deliver up possession of such land or of such part thereof respectively, the landlord of such land or his agent may institute proceedings in the Court of Petty Sessions against the person so neglecting to recover possession of the land.
(2) Where the Court of Petty Sessions makes an order for the recovery of possession of any land, the court may—
(a)issue a warrant authorizing an officer of police or other person to enter (by force if necessary) into the land and give possession thereof to the landlord or his agent; and
(b)postpone the issue of such a warrant, or suspend the execution of such a warrant, for such periods as it deems fit.

Part VI—Restriction of Effect of Waiver and Licence by Lessor

Restriction on effect of licence to alien

57. Where any licence to do any which without such licence would create a forfeiture or give a right to re-enter under a condition or power reserved in any lease is given to any lessee or his assigns, every such licence shall, unless otherwise expressed, extend only to the permission actually given or to any specific breach of any proviso or covenant made, or to be made, or to the actual assignment under lease or other matter thereby specifically authorized to be done, but not so as to prevent any proceedings for any subsequent breach (unless otherwise specified in such licence), and all rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force and shall be available as against any subsequent breach of covenant or condition assignment under lease or other matter not specifically authorized or made dispunishable by such licence in the same manner as if no such licence had been given and the condition or right of re-entry shall be and remain in all respects as if such licence had not been given except in respect of the particular matter authorized to be done.

Operation of partial licences

58. Where in any lease there is a power or condition of re-entry on assigning, or under-letting, or doing any other specified act without licence, and a licence is given to one of several lessees or co-owners to assign or underlet his share or interest, or to do any other act prohibited to be done without licence, or is given to any lessee or owner, or any one of several lessees or owners, to assign or underlet part only of the property or to do any other such act as aforesaid in respect of part only of such property, such licence shall not operate to destroy or extinguish the right of re-entry in case of any breach of the covenant or condition by co-lessees or owners of the other shares or interests in the property, or by the lessee or owner of the rest of the property, as the case may be, over or in respect of such shares or interests or remaining property, but such right or re-entry shall remain in full force over or in respect of the shares or interests or property not the subject of such licence.

Apportionment of benefit of conditions of entry

59. Where the reversion upon a lease is severed and the rent or other reservation is legally apportioned, the assignee of each part of the reversion shall, in respect of the apportioned rent or other reservation allotted or belonging to him, be entitled to the benefit of all conditions or powers or re-entry for non-payment of the original rent or other reservation in like manner as if such conditions or powers had been reserved to him as incident to his part of the reversion in respect of the apportioned rent or other reservation allotted or belonging to him.

Application of Part

61. The provisions contained in this Part shall be applicable to leases for a term of years absolute or determinable on a life or lives, or otherwise, and also to a lease for the life of the lessee, or the life or lives of any other person or persons, whether such leases be made before or after the passing of this Act.

Schedule B Section 3

This indenture made the day of one thousand nine hundred and eighty (or other year), in pursuance of the Landlord and Tenant Act 1899, between [here insert the names of the parties and recitals if any], witnesseth that the said lessor (or lessors) doth (or do) demise unto the said lessee (or lessees), his (or their) heirs or executors, administrators, and assigns, as the case may be, all, &c. (parcels) from the day of for the term of thence ensuing, yielding and paying therefore during the said term the rent of [state the rent and mode of payment].
In witness whereof the said parties hereto have hereunto set their hands and seals.

Schedule C Section 3

Directions as to the forms in this Schedule

1. Parties who use any of the forms in the first column in this Schedule may substitute for the words “lessee” or “lessor” any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular in the forms in first column in this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.
3. Such parties may fill up the blank spaces left in the forms 4 and 5 in the first column of this Schedule so employed by them with any words or figures, and the words or figures so introduced shall be taken to be inserted in the corresponding blank spaces left in the forms embodied.
4. Such parties may introduce into or annex to any of the forms in the first column any express addition to, exceptions from, or express qualifications thereof, respectively, and the like additions, exceptions, or qualifications shall be taken to be made from or in the corresponding forms in the second column.

5. Where the premises demised are of freehold tenure the covenants 1 to 10 shall be taken to be made with, and the proviso 11 to apply to, the heirs, executors, administrators, and assigns of the lessor, and where the premises demised are of leasehold tenure the covenants and proviso shall be taken to be made with and apply to the lessor, his executors, administrators, and assigns, unless otherwise stated.

Column 1		Column 2
1.	That the said (lessee) covenants with the said (lessor) to pay the rent	1. And the said lessee doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said lessor that he the said lessee, his executors, administrators, and assigns will, during the said term, pay unto the said lessor the rent hereby reserved in manner hereinbefore mentioned without any deduction whatsoever.
2.	And to pay taxes	2. And also will pay all taxes, rates, duties, and assessments whatsoever now charged or hereafter to be charged upon the said demised premises or upon the said lessor on account thereof.
3.	And to repair	3. And also will, during the said term, well and sufficiently repair, maintain, pave, empty, cleanse, amend, and keep the said demised premises with the appurtenances in good and substantial repair, together with all chimney-pieces, windows, doors, fastenings, water closets, cisterns, partitions, fixed presses, shelves, pipes, pumps, pales, rails, locks and keys, and all other fixtures and things which, at any time during the said term, shall be erected and made when, where, and so often as need shall be.
4.	And to paint outside every [ ] year	4. And also that the said lessee, his executors, administrators, and assigns will, in every year in the said term, paint all the outside woodwork and ironwork belonging to the said premises with 2 coats or proper oil colours, in a workmanlike manner.
5.	And to paint and paper inside every [ ] year	5. And also that the said lessee, his executors, administrators, and assigns will, in every year, paint the inside wood, iron, and other words now or usually painted with 2 coats of proper oil colours, in a workmanlike manner, and also will re-paper with a paper of a quality as at present such parts of the premises as are now papered, and also wash, stop, whiten, or colour such parts of the said premises as are now plastered.
6.	And to insure from fire in the joint names of the said (lessor) and the said (lessee)	6. And also that the said lessee, his executors, administrators, and assigns will forthwith insure the said premises hereby demised to the full value thereof in some respectable insurance office in the joint names of the said lessor, his executors, administrators, and assigns, and the lessee, his executors, administrators, and assigns, and keep the same so insured during the said term, and will upon the request of the said lessor or his agent show the receipt for the last premium paid for such insurance for every current year, and as often as the said premises hereby demised shall be burnt down or damaged by fire all and every the sum or sums or money which shall, be recovered or received by the said lessee, his executors, administrators, or assigns for or in respect of such insurance, shall be laid out and expended by him in building or repairing the said demised premises or such parts thereof as shall be burnt down or damaged by fire as aforesaid.
7.	And that the said (lessor) may enter and view state or repair, and that the said (lessee) will repair according to notice	7. And it is hereby agreed that it shall be lawful for the said lessor and his agents at all reasonable times during the said term to enter the said demised premises to take a schedule of the fixtures and things made and erected thereupon, and to examine the condition of the said premises, and further, that all wants of reparation which upon such views shall be found and for the amendment of which notice in writing shall be left at the premises, the said lessee, his executors, administrators, and assigns will, within three calendar months next after every such notice, well and sufficiently repair and make good accordingly.
8.	That the said (lessee) will not use premises as a shop	8. And also that the said lessee, his executors, administrators, and assigns will not convert, use or occupy the said premises or any part thereof into as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose or otherwise than as a private dwelling-house, without the consent in writing of the said lessor.
9.	And will not assign without leave	9. And also that the said lessee shall not nor will, during the said term, assign, transfer, or set over, or otherwise, by any act or deed, procure the said premises or any of them, to be assigned, transferred, or set out unto any person or persons whomsoever, without the consent in writing of the said lessor his executors, administrators, or assigns first had and obtained.
10.	And that he will leave premises in good repair	10. And further that the said lessee will, at the expiration or other sooner determination of the said term, peaceably surrender and yield up unto the said lessor the said premises hereby demised with the appurtenances, together with all buildings, erections, and fixtures, nor or hereafter to be built or erected thereon, in good and substantial repair and condition in all respects reasonable wear and tear and damage by fire only excepted.
11.	Proviso for re-entry by the said lessor on non-payment of rent or non-performance of covenants	11. Provided also and it is expressly agreed that if the rent hereby reserved or any part thereof shall be unpaid for 15 days after any of the days on which the same ought to have been paid (although no formal demand shall have been made thereof), or in case of the breach or non-performance of any of the covenants and agreements herein contained on the part of the said lessee, his executors, administrators, and assigns, then and in either of such cases it shall be lawful for the said lessor at any time thereafter into and upon the said demised premises or any part thereof in the name of the whole to re-enter, and the same to have again repossess and enjoy as of his or their former estate, anything therein contained in the contrary notwithstanding.
12.	The said (lessor) covenants with the said (lessee) for quiet enjoyment	12. And the lessor doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said lessee, his executors, administrators, and assigns, that he and they paying the rent hereby reserved and performing the covenants hereinbefore on his and their part contained shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interruption or disturbance from the said lessor, his executors, administrators, or assigns, or any other person or persons lawfully claiming by, from, or under him, them, or any of them.

Notes

(a)The Landlord and Tenant Act 1899, in its application in the Territory, comprises the Landlord and Tenant Act 1899 as amended by the Landlord and Tenant Act 1972 and the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Landlord and Tenant Act 1899 in Part 21 of this Schedule.
(b)Section 2 and Schedule A, Part II (comprising sections 7 to 15), Part III (comprising sections 16 to 21) and sections 24 to 33 and Schedule D to M (inclusive) were repealed by the New South Wales Acts Application Act 1984.
(c)Section 23 was substituted by the New South Wales Acts Application Act 1984.
(d)Part V (comprising sections 34 to 56) was repealed by the Landlord and Tenant Act 1972.

Part 22

Life, Fire, and Marine Insurance Act 1902 No. 49, 1902

An Act to consolidate the enactments relating to life, fire, and marine insurance.

Short title

1. This Act may be cited as the Life, Fire, and Marine Insurance Act 1902.

Part IV—Fire Insurance Policies Assignment

Assignment of fire policy

14. (1) It shall be lawful to make an assignment of a fire policy by endorsement on such policy with the consent in writing of the company or person issuing the same endorsed on such policy.
(2) Such assignment shall be in the words or to the effect following, namely, “I, A.B., of &c., do hereby assign to C.D. the within policy of insurance on (here describe property insured, &c.) In witness whereof, &c”.

Assignee may sue in own name

15. Whenever a fire policy has been assigned in such manner and with such consent as aforesaid so as to pass the beneficial interest in such policy to any person entitled to the property thereby insured the assignee of such policy shall be entitled to sue thereon in his own name. The defendant in any action shall be entitled to make any defence which he would have been entitled to make if the said action had been brought before such assignment in the name of the person by whom or on whose account the policy sued upon was effected.

Interpretation

16. For the purposes and in the construction of sections 14 and 15, the expression “fire policy” means any instrument by which the payment of money is assured or secured on the happening of any of the contingencies in the nature of loss or damage to property by fire named in such instrument.

Notes

(a)The Life, Fire and Marine Insurance Act 1902, in its application in the Territory, comprises the Life, Fire, and Marine Insurance Act 1902 as affected by section 5 of, and the First Schedule to, the Marine Insurance Act 1909 of the Commonwealth and as amended by the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Life, Fire, and Marine Insurance Act 1902 in Part 22 of this Schedule.
(b)Section 2 and the Schedule, Part II (comprising sections 3 to 10), Part III (comprising sections 11 to 13) and Part V (comprising section 17) were repealed by the New South Wales Acts Application Act 1984.

Part 23

Limitation of Actions for Trespass Act 1884 No. 7, 1884

An Act to alter the law respecting remedies for trespass to land

WHEREAS it is desirable to discourage actions between neighbours for trifling and long past trespasses on land the title to which is not in dispute: Be it therefore enacted, as follows:—

Short title

1. This Act may be cited as the Limitation of Actions for Trespass Act 1884.

Limitation of time for actions if title undisputed

2. In any action to be brought in respect of any trespass to land the plaintiff’s title or to possession of which the defendant shall not by his defence have disputed the plaintiff shall not recover any damages for any act of trespass committed more than 12 months before the action shall have been begun. Provided always that nothing hereinbefore contained shall apply to any plaintiff who at the time when such act of trespass was committed was under any legal disability.

Notes

(a)The Limitation of Actions for Trespass Act 1884, in its application in the Territory, comprises the Limitation of Actions for Trespass Act 1884 as amended before 1 January 1911 by the Common Law Procedure Act 1899 and as further amended after that date by the New South Wales Acts Application Act 1984. The amendments so made have been incorporated in the text of the Limitations of Actions for Trespass Act 1884 in Part 23 of this Schedule.
(b)Section 4 was repealed by the New South Wales Acts Application Act 1984.
(c)Section 3 was repealed by the Common Law Procedure Act 1899.

1. The New South Wales Acts App0lication Act 1984 as shown in this reprint comprises Act No. 41, 1984 amended as indicated in the Tables below.

Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts. That Act also affects references in ACT laws to Commonwealth Acts.

Table 1

Table of Ordinances

Ordinance

Number

and year

Date of

notification

in Gazette

Date of

commencement

Application, saving or transitional provisions

New South Wales Acts Application Ordinance 1984	41, 1984	10 Aug 1984	10 Aug 1984
New South Wales Acts Application (Amendment) Ordinance 1984	58, 1984	30 Oct 1984	30 Oct 1984	—
Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—
New South Wales Acts Application (Amendment) Ordinance 1986	5, 1986	18 Apr 1986	18 Apr 1986	—
New South Wales Acts Ordinance 1986	91, 1986	12 Jan 1987	12 Jan 1987	—
Administrative Arrangements (Consequential Amendments) Ordinance 1987	37, 1987	24 July 1987	S. 6: 24 July 1987 (a)	—
Administrative Arrangements (Consequential Amendments) Ordinance 1988	17, 1988	22 Apr 1988	22 Apr 1988	S. 4
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2: 10 May 1989 Remainder: 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)	—

Self-Government day 11 May 1989

Table 2

Table of Acts

Act

Number

and year

Date of

notification

in Gazette

Date of

commencement

Application, saving or transitional provisions

Commercial Arbitration (Amendment) Act 1990	32, 1990	2 Oct 1990		Ss. 1, 2 and 6: 2 Oct 1990 Remainder: 1 Jan 1992 (b)	—
Registrar-General (Consequential Provisions) Act 1993	64, 1993	6 Sept 1993		Ss. 1 and 2: 6 Sept 1993 Remainder: 1 Oct 1993 (see s. 2 (2) and Gazette 1993, No. S207)	Part III (ss. 6-13)
Land Titles (Consequential Amendments) Act 1995	54, 1995	20 Dec 1995		20 June 1996 (see s. 2)	—
as repealed by
Law Reform (Miscellaneous Provisions) Act 1999		66, 1999	10 November 1999	10 November 1999 (s 2 (2) and Gaz 1999 No 45)

(a) The New South Wales Acts Application Act 1984 was amended by section 6 only of the Administrative Arrangements (Consequential Amendments) Ordinance 1987, subsection 2 (2) of which provides as follows:

“(2) The remaining provisions of this Ordinance shall come into operation on the day on which this Ordinance is notified in the Gazette.”

(b) The New South Wales Acts Application Act 1984 was amended by section 5 only of the Commercial Arbitration (Amendment) Act 1990, subsection 2 (2) of which provides as follows:

“(2) Sections 3, 4 and 5 commence on the date of commencement of Rules of Court (under section 28 of the Australian Capital Territory Supreme Court Act 1933 of the Commonwealth) made for the purposes of section 3 of the Supreme Court (Arbitration) Ordinance 1990.”.
The date fixed for the commencement of section 5 was 1 January 1992 (see Commonwealth Statutory Rules 1991 No. 416).

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision How affected

S. 2....................................... am. No. 91, 1986; No. 17, 1988; No. 38, 1989
S. 5....................................... am. No. 91, 1986
S. 7....................................... am. No. 67, 1985; No. 38, 1989; Act No. 64, 1993; No. 54, 1995
S. 9....................................... rep. No. 38, 1989

Schedule 1.......................... am. No. 5, 1986; No. 37, 1987; No. 17, 1988; No. 38, 1989; Act No. 32, 1990
Schedule 2.......................... am. No. 58, 1984