Real Property Acts Amendment Act of 1942 (6 Geo Vi No. 14) (Qld)

252 REAL PROPERTY. Real Property Acts Amendment Act. 6 GEO. VI. No. 14, REAL PROPERTY. 6 G N E o O . . 1 V 4. I. An Act to Amend "The Real Property Acts, 1861 to THE REAL PROPERTY 1887 "(as amended by subsequent Acts), in ACTS AMENDMENT ACT OF 1942 certain particulars. [ASSENTED TO 29TH OCTOBER, 1942.] B E it enacted by the King's Most Excellent Majesty~ by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title. 1. This Act may be cited as "The Real Property Acts Amendment Act of 1942." Amendments of the Principal Act. Construction 2. (1.) *" The Real Property Acts, 1861 to 1887," as of Act. amended by t" The Public Ourator Act of 1915" and t" The Justices Acts and Real Property Fees Act of 1932," are in this Act collectively referred to as the Principal Act. Collective (2.) The Principal Act and the amendments made title. thereto by this Act may collectively be cited as "The Real Property Acts, 1861 to 1942." Amendment 3. The proviso to section sixty-one of the Principal I! ri~ ' c~ ~ tf Act is repealed and a new proviso is inserted in lieu Act. thereof, namely :- "Provided that no lessee or tenant or occupier occupying such land, such lessee or tenant or occupier not being the mortgagor or encumbrancer, shall be liable to pay to any mortgagee or encumbrancee of such land a greater sum than the amount of rent or moneys payable in respect of such occupancy which at the time of making such distress may be then due and payable by such lessee or tenant or occupier as aforesaid to the mortgagor or encumbrancer or to the person claiming the said land under the mortgagor or encumbrancer." * 25 v. No. 14 and amending Acts. See v. 8, pp. 163 et 8eq. t 6 G. 5 No. 14 and amending Acts. See v. 9, pp. 627 et Beq. t 23 G. 5 No. 7, Part H. See v. 4, p. 474.

REAL PROPERTY, 253 1942. Real Property Acts Amendment Act. 4. Mter section sixty-one of the Principal Act New s. 61A. the following new section is inserted, namely : - "[61A.] (1.) Notwithstanding anything contained in Construction this Act, or in any other Act or law or rule of law or ~ss6~hen practice or process of law to the contrary, where the mortgagor occupier or tenant referred to in sections sixty and ~ ~ a: , ~ ~ ~ ~ sixty-one of this Act shall be the mortgagor .or :: ~ :~ r encumbrancer of the mortgaged or encumbered land, mortgaged the mortgagee or encumbrancee shall have no power or . be d or authority under the said sections to distrain the ~ = ;n re goods and chattels the property~ of such occupier or tenant (being the mortgagor or encumbrancer) unless such power or authority so to distrain shall' have been expressly given to such mortgagee or encumbrancee by the mortgagor or encumbrancer and evidenced by being set forth in the bill of mortgage or bill of encumbrance concerned, and unless such bill of mortgage or bill of encumbrance shall have been registered within three months of the date of the execution thereof, or if executed prior to the passing of *" The Real Property Acts Amendment Act of 1942," then within the time or extended time provided in subsection two of this section as a bill of sale, stock mortgage, mortgage, or security (as the case may be) in accordance with the provisions of such of the following Acts as shall be applicable to such registration, namely :-t" The Bills of Sale Acts, 1891 to 1941," or t" The Mercantile Acts, 1867 to 1896," or §" The Companies Act of 1931," or 11" The State Securities Registration Act of 1925," or ~ " The Primary Producers' Co-operative Associations Acts, 1923 to 1934," or **" The Industrial and Provident Societies Acts, 1920 to 1935," or tt" The Liens on Crops of Sugar Cane Acts, 1931 to 1933," or of any other Act which may be applicable to the registration of securities of a like nature, or of any Act amending or in substitution for the said Acts or any of them. (2.) Every bill of mortgage or bill of encumbrance Registration executed prior to the passing of *" The Real Property Acts ~ ~ cfe~ ~ ~ _ es ________________________ brances * This Act. t 55 V. No. 23 and amending Acts. See v. 6, pp. 319 et seq. t 31 V. No. 36 and amending Acts. See v. 6, pp. 293 et seq. § 22 G. 5 No. 53. See v. 2, p. 10. 1116 G. 5 No. 19. See v. 3, p. 18. 'If 14 G. 5 No. 45 and amending Acts. See v. 7, pp. 891 et seq. ** 10 G. 5 No. 32 and amending Acts. See v. 8, pp. 1078 et seq. tt 22 G. 5 No. 37 and amending Acts. See v. 9, pp. 266 et seq. executed prior to the passing of "The Real Property Acts Amendment Act of 1942."

REAL PROPERTY. Real Property Acts Amendment Act. 6 GEO. VI. No. 14, Amendment Act of 1942 " and subsisting at the passing of such last-mentioned Act shall, unless otherwise provided therein, and if registered in the manner and within the time hereinafter next provided, be deemed to include power and authority so to distrain as provided in sections sixty and sixty-one of this Act, and shall be duly registered if registered in accordance with the provisions of the Acts specified in subsection one of this section as shall, be applicable to such registration within a period of three months after the passing of *" The Real Property Acts Amendment Act of 1942," or within such extended period not exceeding six months after the passing of such last- mentioned Act as a judge of the Supreme Court of Queensland may allow. Meaning of (3.) For the purposes of subsections one and a" mndor"tegnacguomr" - two of this section the terms "mortgagor" and brancer." " encumbrancer" shall include the person or company or corporation for the time being registered as proprietor of such estate or interest in the land as is mortgaged or encumbered." oAVfimcth. eeNndAom. c1et8n4. t1 t h. lrty 5 - . twAo noefw t" se T c h ti e on Re 3 a 2 l A Pr is ope in rt s y er A te c d t a o f f te1r 87s7e, c"tioans New B. 32A. follows;- : ; :~ ~ -nof land in intestacy. "[32A.] (1.) In the case of the death (whether before on or after the passing of *" The Real Property Acts Amendment Act of 1942") of a registered proprietor of any estate or interest in land under t" The Real Property Acts, 1861 to 1942," the registrar may, on application made to him in that behalf, and if satisfied that- (a) No will has been left by such registered proprietor and no administration of his estate has been taken out within six months after his death ; and (b) The value of his estate does not exceed three hundred pounds, cause transmission as administrator of such estate or interest in the lap-d concerned to be entered up in the register book in favour of such one or more' as the Master of Titles may determine of the person or persons who would have been entitled upon the grant of such administration to be entered up as administrator. * This Act. t 41 V. No. 18. See v. 8, p. 257. t 25 V. No. 14 and amending Acts. See v. 8, pp. 163 et seq,"

REAL PROPERTY. 255 1942. 't. Real Property ActB Amendment Act. Thereupon such person or persons shall have all the rights, powers, and liabilities in respect of the land as if administration of the estate of the deceased person had been granted to him or them: Provided that the applicant shall surrender the existing grant or certificate or other instrument of title of the land in respect of which such application is made prior to such transmission as mentioned aforesaid being entered up, unless the production of such grant or certificate or other instrument of title be duly dispensed with. (2.) Notwithstanding anything to the contrary Subsequent contained in this section, in any case where the court, ~ ~ ! t' : t or in the exercise of its powers, authorities, and jurisdiction, a~ inistl' S­ ttnthe shall grant probate or administration in respect of the Aet estate of any such deceased person aforesaid subsequent 31 Vie. No. 11, to the entry up in the register book of such transmission s. 39. . of his estate and interest in the land concerned, all acts, matters, and things done by, and all payments bona fide made by and to, the person or persons in whose favour such transmission has been entered up, up to the date of such grant, which if made by and to a person to whom a grant of probate or administration had been made would have been lawfully done and made, shall be and be deemed to have been so lawfully done and made. Moreover, on the grant of such probate or administration, the person or persons in whose favour such transmission has been entered up shall take all necessary steps and perform all necessary acts to hand over to and account to the grantee for any property in his or their hands at the date of such grant, and to render an account of all property passing through his or their hands from the entry up of transmission to the date of such grant." REGISTRATION OF DEATHS ON WAR SERVICE. See STATISTICS. REGISTRATION OF FIRMS. See MERCANTILE LAW. RELIEF, MORTGAGORS. See MORTGAGES.