Real Property Acts Amendment Act of 1963 (Qld)

142 (l ueenstall t ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 25 of 1963 An Act to Amend "The Real Property Acts, 1861 to 1960," in certain particulars [ASSENTED TO 12TH DECEMBER, 1963] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as "The Real Property Acts Amendment Act of 1963." (2) Principal Act. " The Real Property Acts, 1861 to 1960," are in this Act referred to as the Principal Act. (3) Collective Title. The Principal Act and this Act may be collectively cited as " ° The Real Property Acts, 1861 to 1963."

Real Property Acts Amendment Act of 1963, No. 25 143 2. Amendment of s. 19. Section nineteen of the Principal Act is amended by omitting the words " one month " appearing therein and inserting in their stead the words " two weeks ". 3. Amendment of s. 34. Section thirty-four of the Principal Act is amended by the addition of the following proviso :- " Provided that the Registrar of Titles having regard to the number of dealings with registered leases which are likely to be registered on the one certificate of title or deed of grant may determine that any dealing with the estate or interest of a lessee under any such lease shall be registered on the registered lease instead of on the certificate of title or deed of grant and in that event such dealing with the estate or interest of the lessee under the lease shall be deemed and taken to be registered under the provisions and for the purposes of this Act so soon as a memorial thereof shall have been entered on the lease so registered as aforesaid." 4. Amendments of s. 54 . Section fifty-four of the Principal Act is amended as follows :- (a) the words " in the said colony relating to insolvent estates " are deleted where they occur therein and the words " in the said State relating to bankrupt estates" are inserted in lieu thereof; and (b) by the addition of the following proviso:- " Provided that except where the surrender is effected through the operation of a surrender in law or under the provisions of any law at the time being in force in the said State relating to bankrupt estates any lease subject to a mortgage, encumbrance or sub-lease shall not be surrendered without the consent of the mortgagee, encumbrancee or sub-lessee as the case may be." 5. Amendment of s. 63. Section sixty-three of the Principal Act is amended by omitting the first paragraph thereof and inserting in its stead the following paragraph:-- " Upon the production of any such bill of mortgage or bill of encumbrance having thereon an endorsement signed by the mortgagee or the encumbrancee and attested by a witness (or in lieu of that endorsement by one or more of the mortgagees or encumbrancees upon the production of an instrument signed by the mortgagee or encumbrancee and attested by a witness) discharging the estate or interest by the said bill of mortgage or said bill of encumbrance pledged or subjected as security from the whole or part of the principal sum, annuity or sum of money thereby secured or discharging any part of the land comprised in such bill of mortgage or bill of encumbrance from the whole or part of such principal sum, annuity or sum of money the registrar shall make an entry in the register book noting that the mortgage or encumbrance is discharged wholly or partially or that part of the land is discharged as aforesaid as the case may require."

144 Real Property Acts Amendment Act of 1963, No. 25 6. Amendment of s. 77. Section seventy-seven of the Principal Act is amended by inserting after the words " any persons " appearing therein the words and brackets " (including himself) ". 7. Amendments of s. 88 . Section eighty-eight of the Principal Act is amended as follows:- (a) by inserting after the words " registered mortgagee " appearing in paragraph (a) of subsection (2) the words " registered encumbrancee or registered lessee " ; (b) by inserting after the words " deceased mortgagee " where they twice appear in paragraph (a) of subsection (2) the words "encumbrancee or lessee as the case may be "; (c) by inserting after the words " deceased mortgagee " appearing in paragraph (b) of subsection (2) the words " encumbrancee or lessee "; and (d) by inserting after the words " registered mortgage " appearing in paragraph (b) of subsection (2) the words " encumbrance or lease as the case may be." 8. New s. 111A inserted . The Principal Act is amended by inserting after section one hundred and eleven the following section:- " [111A.] Persons of eighteen years of age may deal with land. Notwithstanding any Act or rule or practice of law, any person of the age of eighteen years but under the age of twenty-one years may acquire, transfer, mortgage, or otherwise deal with any estate or interest in any lands under the provisions of this Act to the same extent and as fully and effectually in law as if he were of the age of twenty-one years, and every transfer, mortgage or document evidencing any other dealing with an estate or interest in any land under the provisions of this Act whereto such person is a party shall be legally binding upon such person and enforceable by and against him accordingly." 9. Amendment of s. 119 . Section one hundred and nineteen of the Principal Act is amended by omitting subsection (4) and inserting in its stead the following subsection:- " (4.) Whenever land under the provisions of this Act is subdivided into ten or more subdivisions, the registered proprietor thereof shall, after the plan of subdivision has been registered, apply forthwith to take out and receive in his own name, a certificate of title for each such subdivision of the land so subdivided as aforesaid as the Registrar, having regard to the number of subdivisions shall deem necessary or expedient for the orderly registration of,dealings therewith." 10. Amendment of s. 32A of 41 Vic. No. 18. Section 32A of " The Real Property Act of 1877 " is amended by omitting the words " six hundred pounds " appearing therein and inserting in their stead the words " one thousand pounds ".

Real Property Acts Amendment Act of 1963, No. 25 145 11. Amendment of s. 33 of 41 Vic. No. 18. Section thirty-three of " The Real Property Act of 1877," is amended by omitting the words " the last preceding section " appearing therein and inserting in their stead the words " sections thirty-two and 32A of this Act ".