Real Property (Crown Lands) Act 1897 (NSW)

Act No. 47, 1897.

All Act to provide for and to validate the exchange or surrender of land liy trustees, executors, and adm inistrators; to provide for a notification heing made in the register and on the grant or certificate of title of land which has become Crown la n d ; and to enable corrections in Crown grants to he made and to validate any such corrections heretofore made. H eal P roperty

(Ckowx L ands).

December, 1897.]

T 3 E it enacted by the Qiieen’.s Most Excellent Majesty, by and Avitli

the advice and consent oi tlie Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the autliority of the same, as follows ;— '

I I

1. ( i ) An excliangc witli or surrender to Her Majesty or the Exeiurngo or

Governor under the Crown Lands Act ol' 1895, or any Act amending s'li-i-pinipp "piJc , , ^, 1 no ; 1 1 j i j trustee or executor.

or rejiealing the same, may bo cnocted by a trustee or executor, in resj)ect of land which lie holds as trustee or executor, as if a

X power

322   Act No. 47, 1897.

Real Property {Crown Lands).

power to that effect were contained in the instrument creating such trust or the will appointing such executor as the case may he, or by any administrator in respect of land which he holds as administrator: Provided that no such exchange or surrender shall he effected by any administrator without the consent of all persons beneficially interested, or the order of the Court in that behalf, which may be obtained in the same manner as an order under the thirty-fifth section of the Probate Act of 1890 : Provided that any land assured to any trustee, executor, or administrator by Her Majesty or the Governor by way of exchange as aforesaid shall be held by him subject to the same trusts as the land exchanged or surrendered by him.

V alidation of	(ii) Any exchange with or surrender to Her Majesty or the
previous exchanges

and surrenders b j	Governor effected liefore the commencement of this Act by a trustee,
trustees, executors,	executor, or administrator in respect of land held by him as trustee,
o r adm inistrators.	executor, or administrator shall be deemed to have been and to be as valid as if at the time of the exchange or surrender he had held tlie same in his own righ t; Provided that any land assured to any trustee, executor, or administrator by Her Majesty or the Governor before the commencement of this Act by way of exchange as aforesaid shall be deemed to have been and shall be held by him subject to the same trusts as the laud exchanged or surrendered by him.

E ndorsem ent on 2. Upon any land under the provisions of the Peal Projierty Act

utirof becoming Crown land within the meaning of the Crown Lands Acts, the

become brown laud. Registrar-General shall cause a notification in the form or to the effect

of the Schedule hereto to bo made or indorsed on the duplicate in the register book of the grant or certificate of title of the land, and (except Avhere the production of the grant or certificate of title is dispensed Avith under section ninety-one of the Real Property Act) shall also make the said endorsement on the grant or certificate of title.

Corrections of errors	3, (i) The Pucgistrar-General may exercise the same powers for pui’pose of corrccting ciTors in Crown grants registered under the Real Property Act as are conferred on him by section eleven of the said Act in respect of certificates of title ;
m Crown grants.
(ii) All corrections heretofore made or purporting to liaA'c been made by the Registrar-General at the request of the Secretary for Lands in any Crown grant registered under the Real Property Act shall be as valid as if made under the authority of this Act.

Short title. 4 . This Act mav be cited as the “ Puoal Property (CroAAm

Lands) Act, 1897.” ‘

SCHEDULE.

B y virtue of [here state the transfer, proclamation, or other document in virtue o f which

the land hag hecome Crown landi] the land described in this [fjrant or certificate o f title~\

has become vested in Her Majesty as Crown lands within the meaning of the Crown

Lands Acts.

Act