Real Property (Amendment) Act 1940 (NSW)

REAL PROPERTY (AMENDMENT) ACT.

Act No. 45, 1940.

An Act to amend the Real Property Act, 1900, the Closer Settlement Fund Act, 1928, and certain other Acts in certain respects; and for purposes connected therewith. [As- sented to, 9th December, 1940.]

1 . This Act may be cited as the "Real Property (Amendment) Act, 1940."

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with, the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of the same, as follows :—

2 . (1) The Real Property Act, 1900, as amended by

subsequent Acts, is amended—

(a) by omitting from section nineteen the words "bu t in such case he may, notwithstanding section one hundred and nineteen, require payment to him of such special fee as he considers adequate in addition to that provided in the Nineteenth Schedule";

(b) by omitting section one hundred and nineteen;

(c)	by omitting from subsection three of section one hundred and twenty the words "except moneys received under section one hundred and nineteen
of this A c t " ;
(d)	by inserting in section 123A after the words "Closer Settlement F u n d " the words " o r out of
the Consolidated Revenue F u n d " ;
(e)	by omitting subsection two of section one hun­ dred and twenty-nine;
(f)	by omitting from section one hundred and thirty-one the words "out of" wherever occur­ ring and by inserting in lieu thereof the words " in respect of a claim o n " ;

(g) (i) by omitting from subsection one of section one hundred and thirty-two the words "ou t of" where firstly occurring and by inserting in lieu thereof the words " in respect of a claim o n " ;

(ii)   by omitting from the same subsection the words "ou t of" where secondly occurring and by inserting in lieu thereof the words " in respect of the claim on."

(2) The repeal of section one hundred and nineteen of the Real Property Act, 1900, by subsection one of this section shall not affect the obligation to pay assurance fee or contribution in respect of the land comprised in any Crown grant registered under that Act before the commencement of this Act.

(3)

(3) No refund shall be made of any moneys paid to the Registrar-General before the commencement of this Act in respect of any special fee under section nineteen of the Real Property Act, 1900, or in respect of any assurance fee or contribution notwithstanding that the land upon which any such fee or contribution was paid, was not brought under the provisions of that Act before such commencement or, as the case may be, the title to such land was not registered before such commencement:

Provided that where an application on which moneys have been paid in respect of any such special fee or assurance fee or contribution is withdrawn, the Regis­ trar-General may make a refund of such moneys if, having regard to the circumstances of the case, he thinks it just and reasonable so to do.

3 . The Real Property Act, 1900, is further amended

by inserting next after subsection two of section sixty-
one the following new subsection:—-

( 2 A ) (a) The notice of intention to make the application may be given personally or by post to the Public Trustee where, at the time such notice is so given—

(i)   the mortgagee has knowledge of the fact that the mortgagor is dead; and

(ii)   there is no personal representative of the mortgagor in New South Wales.

Every notice given to the Public Trustee under this subsection shall be accompanied by a statement containing such particulars as may be prescribed.

(b) Any notice given in accordance with the provisions of paragraph (a) of this subsection shall	be as valid and effectual as if given to the personal
representative of the mortgagor unless probate of the will or letters of administration of the estate of the mortgagor is granted to some person other than the Public Trustee within one month after such notice has been so given.
(c) The provision made by this subsection for the giving of notice of intention to make appli­ cation for an order for foreclosure shall be in addi­ tion to and not in derogation from the provision made by section 46B of the Moratorium Act, 1932-
1939, for the giving of notices. 4 .

4 . The Closer Settlement Fund Act, 1928, as amended by subsequent Acts, is amended by omitting paragraph (b) of section five.