Real Property and Conveyancing (Amendment) Act 1901 (NSW)

Act No. 68, 1901.

An Act to give certain officers and persons the powers and duties of the Registrar-General ; to prescribe the oath to be taken by deputy registrars-general; to provide that statutory declarations and the oath of a sworn valuator maybe made and taken before certain officers; and to validate certain acts, acknowledg­ ments, instruments, documents, writings, declarations, and oaths. [27th December, 1901.]

B E it enacted by the K i n g ' s Most Exce l l en t Majesty, by and

wi th t h e advice and consent of t h e Legis la t ive Council and Legis la t ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled,

and by the au thor i ty of t h e same, as follows :—

1. This A c t m a y be cited as t he " Real P rope r ty and Convey­

anc ing ( A m e n d m e n t ) Act , 1 0 0 1 . " 2.

2. I n th is A c t —

" D e p u t y regis t ra r -genera l " means a person appointed depu ty

regis t ra r -genera l unde r t h e Rea l P r o p e r t y Ac t or t h e P e a l

P rope r ty Act , 1900.

" D e p u t y r e g i s t r a r " means a person appoin ted deputy regis t rar

unde r t he Act twen t ie th Victoria n u m b e r twenty-seven, or

t h e Regis t ra t ion of Deeds Act , 1807.

" Ju s t i ce " means jus t ice of t he peace.

3. (1) A n y d e p u t y regis t rar -genera l appointed before or after

t he commencemen t of th is Act , and any person to be appointed by the Governor in t ha t behalf by notification in t h e Gazet te , m a y exercise a n y power conferred and perform a n y du ty imposed on the Regis t rar - Genera l by or unde r any s ta tu te , or by v i r tue of any office vested in

t he Reg i s t ra r -Genera l by or unde r any s ta tu te .

(2) W h e r e before the commencemen t of this Act , and ac t ing

or pu rpo r t ing to act for or on behalf of or with t he sanct ion of t he Reg i s t r a r -Genera l and for t he purpose of exercis ing any power con­ ferred or performing any du ty imposed on the Regis t ra r -Genera l by or unde r any s ta tu te , a depu ty regis t rar -genera l or a deputy reg is t ra r has done a n y acts or th ings , such acts or th ings shall be deemed to have been and to be as valid as if done by the Regis t ra r -Genera l .

4. Eve ry depu ty regis t rar-general appoin ted after the com­

m e n c e m e n t of this A c t shall , before en ter ing upon the dut ies of his

office, t ake t he following oa th before a J u d g e of t h e Supreme C o u r t : —

" I do solemnly swear t h a t 1 will faithfully and to t he best of m y abili ty execute and perform the office and dut ies of depu ty regis t rar -genera l for the State of N e w South Wales . So help m e God."

5. W h e r e before or after t he commencement of this Act , a n d

ac t i ng or pu rpor t ing to ac t unde r the au thor i ty of any s t a t u t e , —

(a) any person has made any a c k n o w l e d g m e n t ; or

(b) t h e Regis t rar -Genera l or any depu ty regis t rar -genera l or

deputy regis trar has issued, signed, or m a d e any in s t rumen t ,

document , or wri t ing,

such acknowledgmen t , i n s t rumen t , document , or wr i t ing shal l no t be deemed to have been or to lie invalid by reason only of any infor­ mal i ty in t h e m a n n e r or t ime of affixing, impressing, or p r in t i ng any

seal on such acknowledgment , i n s t rumen t , document , or wr i t ing , or of

the omission to affix, impress , or p r in t any seal as aforesaid.

6. (1) A s ta tu to ry declarat ion m a y be made before t he Regis t rar-

General or before any depu ty regis t rar -genera l , deputy regis t rar , or commissioner for affidavits, and when so made shal l have t he same

effect as if	m a d e before a jus t ice .
(2) Where before t he commencemen t of th is A c t a n y person

depu ty regis t rar , or commissioner for affidavits, any s t a tu to ry declara­ tion, or declarat ion in t he form of a s ta tu tory declaration, such declarat ion shall be deemed to have had and shall have t he same effect as if made before a jus t ice .

7. "Where a sworn va lua tor under the I lea l P rope r ty Act , 1900, is resident a t some place outside; the coun ty of Cumber l and he may t ake t he oath required by section n ine of t he said Ac t before a n y jus t ice or commissioner for affidavits.

W h e r e before the commencemen t of th is Ac t any sworn va lua tor

unde r t he R e a l Proper ty Act or t he P e a l Proper ty Act , 1900, resident as aforesaid, has t aken the oath required by such just ice or commissioner for affidavits, such oath so t aken shall be deemed to have been, and shall be, as valid and of the same effect as if t aken before the Regis t rar- General .

8. N o t h i n g in this Ac t shall affect any proceedings pend ing a t