Real Property Act Amendment Act of 1873 No 2a (NSW)

187P>. 3() ̂ VIC. N o. 7. 1 9

Becd Vroj)crli) Act Amendment.

No. VII.

R eal P uopelty Act

All A ct to am on (I th e Ilea l Propei'ty A ct o f A m ILN'DMENT.

1802.      [2hs' ̂ Fehruemj, 1873.]

T X 7 ITEll-EAS it is ('xpedient to amoiid tlic Ileal Property Act ol'i’n'miii'ir.

W 1802 in manner lieroinaftcT provided Be it tliereibre enaeted

1)V tlic Queen’s ALost Excellent Alajesty by and Avitli the advice and constmt of the Legislative Council and Legislative Assembly of New South AÂ alcs in Parliament assembled anti by the authority of the same as follows ;—

1. Upon the registration of any memorandum of transb'r in the form marked D in the Schedule to the Ileal Property Act of pg(jo com]U’ising the Avbolc of the land described in any grant or ccrtilicatc of title it shall not be necessary for the transfcrrcc to take out a cer­ tificate of title in his oAvn name but be may receive the grant or certificate of title of the transferror or in the (,‘ase of a sale by a mortgagee the grant or certificate of title of the mortgagor -with a memorial of the transfer in each case indorsed thereon and tlu^ Registrar General shall not after registering any such transfer enter a memorandum cancelling such grant or ccrtilicatc of title as required by the Ileal Propicrty Act of 1802 and each successive transferreo (if any) of the whole of such land may at his option take out a certificate of tith' in his own name or may receive the same grant or ccrtilicatc of title upon which the memorial or memorials of any prcAuous transfer or transfers lun c been indorsed as aforesaid but the Registrar General Avhenever in his ojiinion any grant or ccrtilicatc of title shall he incapable of containing Avilli convenience any liirther indorsements may compel the last transfcrrcc to receive a certiheate of title in his OAVn name. U ciuiorsp-

2. A transfcrrcc of land shall not he required in any case to Tiansfcr need noi- be

present in duplicate a memorandum of transfer for the purpose of

registration. ' ■

3. The cflect gh'i'u by section tAventy-six of the Real Property Crown nrani in name

Act of 1862 to a ccrtilicatc of title issued in the name of a deceased	person,
person shall exti'ud to every CroAvn grant in the name of a deceased
person AA'ho Avould liaA'C hcon entitled thereto if living.

1. In addition to the charges and fees provided by the Real

Property Act of 1802 the Registrar Gcni'ral may charge for	•
certificate of title A\hich shall exceed in length six folios of scA'cnly-tAvo Avords each a further sum of tu o shillings for each folio or part of a folio in excess of such six folios and if there shall be more Ilian one diagram in such certificate a further sum of one shilling for every such diagram after the first diagram.

5. All plans hereafter to he prepared and required to be

deposited for the purposes of the Real Projicrty Act of 1802 shall if' **"''

required by the Registrar General be in duplicate.

'jc i"

0. This Act shall be construed together Avith the said Real An inooi-poraiid with Acl of 18(>2.

Property Act of 1802 and except so far as any portion of the said Real Property Act of 1802 may he repealed or altered or addl'd to by this Act the provisions of the said Real ProjAcrty Act of 1802 shall remain in full force.

7. This Act may be cited for all purposes as the “ Real Property sboii uiu-.

Act Amendment Act of 1873.”

No. V III.