Real Property Transfer Act 1832 (WA)

ANNO SECUNDO

GULIELNII IV. REGIS.

NO. VII.

AN ACT to facilitate and simplify the Transfer of Real

Property.

[March 2nd, 1832.

WHEREAS, it is desirable to establish some simple, and uniform Preamble.

mode of conveying real property situate within this Colony : 13e it enacted by His Excellency the Governor of Western Australia, and its Dependencies, with the advice of the Legislative Council; that from and after the passing of this Act, a Deed or Instrument in writing bargain mid salefee	Conveyance in	by
(according to the form numbered 1 in the Schedule hereunto annexed)duly executed by the parties thereto, shall be valid, and effectual to

pass and transfer, both at Law, and in Equity, any Estate thereby expressed to be transferred, in Possession, Remainder, or Reversion, in any Hereditaments, situate within the said Colony, or its Dependen- W itho Li ut84c.very of

cies, without livery of Seizin, Attornment, or other ceremony in the Se	izin,
Law whatsoever.

IL AND be it further enacted, that an Instrument in writing Simple form of Mortgage.

(according to the Form, numbered 2, in the said Schedule) duly exe- cuted by the Parties thereto, accompanied by a Deposit of the Title Deed, or Title Deeds of any Hereditaments therein referred to, and situate within the said Colony, shall (from the Time of Default being made in Payment of the Principal money or Interest thereby secured) have the effect in all Proceedings at Law, or in Equity of a Convey- ance or Assignment of the Legal Estate, in the same Hereditaments, to the Mortgagee, or Person in whose favor such last mentioned M ortgagor gageo join in

Instrument shall be executed ; and that it shall not be essential to the sale	rx power.
validityvalidity of any Sale, and Conveyance of the same Hereditaments, by the said Mortgagee, under or by virtue of any Power of Sale contained in

No. 7. Gulielmi IV. A.D. 1832.

such last mentioned Instrument, that the Mortgagor, His Heirs, or Assigns should join in making and executing such Sale and conveyance, and that the Receipts of the said Mortgagee, his Executors, Adminis- trators or Assigns, shall be sufficient discharges for the purchase money therein expressed to be received, to the purchaser, or purchasers thereof

Purchasers not answerable

for misapplication of the	who shall not be obliged to enquire into the legality of any such Sale,
purchase money, nor bound	and shall not be answerable for the non-application, or misapplication
to enquire into legality of
the sale.	of such purchase money ; provided, that every such instrument as last aforesaid, be duly registered within one month from the date of its execution.
Mortgage void on payment

AND be it further enacted, that in case the money secured time thereby limited, and a verified certificate of such repayment, (in the form required by an Act of Council intituled an Act to provide for the Registration of Deed, Wills, Judgments and Conveyances, affecting real property) shall be delivered into the Registry Office of the said Colony, then and in such case, such last mentioned Instrument, shall immediately 'after the delivery of such certificate, become null and void, and the estate. and interest, of the said Mortgagor, his Heirs, or Assigns, in the Hereditaments thereby charged, shall be the same as if no such

of money and certificate III.

thereof delivered at Re-	by any such Instrument as last aforesaid, shall be repaid within the
gistry Office.
Row Married Women may	instrument had ever been made.

AND be it further enacted, that from and after the passing of this Act, any married woman, may by Deed, to be by her jointly exe- cuted with her Husband, pass and transfer, as fully and effectually as by fine levied, any Estate, Right or Interest, (including her title to dower) in or to any Hereditaments, within the said Colony, or its Dependencies : Provided always, that such Married Women be of the age of twenty-one years at the time of such Execution, and that such Deed be by her executed, in the presence of some Judge, or Coinmis- sioner of any Civil Court of the said Colony, or before some Justice of the Peace of the said Colony, who shall previously examine her---apart from her said husband, whether she proposes to execute such Deed, freely, and voluntarily, and without threats, or compulsion, on the part of her said husband, and which said Judge, Commissioner, or Justice, shall also endorse on such Deed, a Certificate under his hand of such examination.

pass their interest in lands. IV.

Tenant in tail may bar the

AND be it further enacted, that any Tenant in tail, general or special, of any Hereditaments within the said Colony, or its Depend- dencies, may by Deed, to be by him executed for that purpose, in the presence of any such Judge, Commissioner, or Justice of the Peace, as last aforesaid, bar, and extinguish such estate in tail, and pass, and transfer, all his Estate, Right, and Interest in, or to such last men- tioned Hereditaments, as fully and effectually, to all intents and purposes, as if a fine with Proclamation, or . a. common recovery, had been in due form levied, or suffered respectively, of such Hereditaments; and such Judge, Commissioner, or Justice, shall endorse, on every such last mentioned Deed, a certificate under his hand, that the same was executed before him.

entail. V.

Any other interest in landed

property passed by a Deed	-VI. AND be it further enacted, that any other Estate, Right, or
executed as above.

A.D. 1832. 2nd GWielmi IV. No. 7.

Interest, in or to any Hereclitaments, which by the Laws and usage of England, can be passed, or transferred by fine, or recovery only, may from and after the passing of this Act, (so far as relates to Here- ditaments situate within the said Colony) be passed, or transferred by any Deed purporting to be a transfer thereof, and executed, and certi- fied, in manner aforesaid, before and by any such Judge, Commissioner, or Justice of the Peace, as aforesaid, as fully, and effectively, to all intents and purposes, as if a fine, or recovery, had been levied, or suffered thereof.

VII. AND be it further enacted, that all Deeds, Wills, Conve y	in this colony, executed out
Instruments affecting laud

-ances, Letters of Attorney, or other Instruments in Writing, affecting of the colony, in what

any Hereditaments, situate within the said Colony or its Dependencies,

manner.

which shall be made or executed by any person or persons whatsoever, out of the said Colony, and acknowledged by the parties thereto, or proved by any subscribing witness thereto, before the Lord Mayor of London, or before the Mayor, or Chief Magistrate of any other Borough, City, or Town corporate, within the United Kingdom of Great Britain, and Ireland, or before the Governor of any of His Majesty's Colonies, and certified under the common Seal of such City, Borough, or Town corporate, or under the Seal of His Majesty's Colony, where the said Deed, Will, Letter of Attorney, or Instrument, shall have been executed, shall be as good and effectual in the law, for the several and respective purposes for which such Deeds, Wills, Letters of Attorney or other Instruments shall be intended, as if the same had been respectively executed, and acknowledged before any Judge, Commis- sioner, or Justice of the Peace, of the said Colony, in manner aforesaid.

" JAMES STIRLING,"

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council This 2nd. Day of March, 1832.

M. J. CURRIE,

Clerk to the Council.

SCHEDULE REFERRED TO BY THE ANNEXED ACT.

Form No. 1.

Form of Conveyance in Fee, by Bargain and Sale.

THIS INDENTURE made the day of between A. B.

(Vendor) of of the one part and C. D. (Purchaser) of

of the other part, witnesseth that in consideration of the sum of pounds paid by

the said C. D. to the said A. B. (the receipt whereof is hereby acknowledged)

No. 7. 2nd. Gulielmi IV. A.D. 1832

he the said A. B. cloth grant, bargain, and sell, unto the said C. D. his Heirs

and Assigns, ALL (here describe, the Parcels, or Lands, or Houses sold, their situation, the extent of the Lands in Acres, by admeasurement, or estimation, their Boundaries, with a particular reference to the number and section of the ' Land, in the Maps of the Surveyor General's Office) and all Easements, Rights, Privileges, and Appurtenances, to the said Hereditaments, hereby bargained, and sold, in any wise appertaining : And all the Right, Title, and Interest, of him the said A. B. in the said Hereditaments with the appur- tenances: And all Deeds, and Writings relating solely to the said Hereditaments, now in the possession or power of the said A. B. TO HAVE AND TO HOLD the said Heredi- taments hereby bargained and sold, with the Appurtenances, to the said a D, his Heirs

cutors, and Administrators, covenant, promise, and agree, with and to the said C. D.

his Heirs, and Assigns, that he the said A. B. now hath in himself, good right to

bargain and sell the said Hereditaments, hereby bargained and sold, with the appurten-

ances, unto the said A. B. and his Heirs and Assigns, in manner aforesaid, and that

free from all claims, charges, and incunzbrances whatsoever : And moreover, that he the

said A. B. his Heirs or Assigns, shall and will, make, and perfect all such further

assurances, as maybe necessary for the more ef fectually or satisfactorily conveying the said

and Assigns, for ever. AND the said A. B, cloth hereby for himself, his Heirs, Exe- his Heirs, or Assigns, as by the said (purchaser) his Heirs, or Assigns, or his or their counsel in the law, shall be devised, or tendered to be executed: In witness whereof the said parties, have hereunto set their Hands and Seals the Day and Year first above written.

A. B.	(L. S.)
C D.	(L. S.)

Signed, Sealed, and Delivered E.P.

by the above named A. B.

and C. D. in the presence of	G. H.
Form No. 2-

Form of Mortgage, by Deposit of Title Deeds, accompanied by a written Agreement. containing a power of sale.

Memorandum of an Agreement made the day of between (Mortgagor)

of the one part, and (Mortgagee) of the other part. The said (Mortgagor) for himself, his Heirs, Executors, and Administrators, in consideration of the sum of

Ude day lent and advanced to him by the said (Mortgagee) hereby agrees to deposit

A. D. 1832. 2nd Gulielmi IV., No. 7.

with the said (Mortgagee) the Title Deeds and writings mentioned in the Schedule here-

under written of certain Lands, and Hereditaments, of the said (Mortgagor) situate at

by way of Mortgage of the same Hereditaments, to secure the repayment of the said sum of

on or before the day of next, together with interest thereon in the

mean ti me, after the rate of for every one Hundred Pounds, by the year; ; such

interest to be paid half-yearly on the day of and the day of in each and every year. And in case default shall be made in payment of the said principal sum of on the said day of or of any of the said half-yearly instalments of interest, on days hereinbefore appointed for payment of the same (or in case the interest payable on thrincipal sum ofthe saidpafter the rate aforesaid, shall be in arrear, and unpaid, for the space of twelve months, as the agreement may be) in either of the said cases it shall

be lawful for the(Mortgagee) without any further consent or concurrence of the

said Mortgagor, to sell the said Hereditaments, by Public Auction, of which days public notice, shall be duly given, and to convey and assure the same Hereditaments, when so sold, unto the purchaser, or purchasers thereof, in the same manner as if the fee simple of such Hereditaments had been vested in the said Mortgagee, by a bargain and sale, or other instrument of transfer, and by and out of the proceeds of sale, to repay and satisfy himself the expenses of such sale, and the said principal sum of and all arrears of

interest thereon, or to repay and satisfy himself, so much of such principal money and

interest as shall then remain due, and to pay over the surplus of such proceeds to the said

Mortgagor, his Heirs or Assigns. In witness whereof the said parties, have hereunto

set their Hands the Day and Year first above written. •

Signed by the above named} A. B.

Mortgagor and Mortgagee F.

in the presence of... . C D.

SCHEDULE.

To be subjoined to the above written agreement, containing a list of Title Deeds and Writings deposited in pursuance thereof; a receipt to be taken by the Mortgagor from the Mortgagee, of the Title Deeds, or Writings received by the latter.

Printed by Authority at the Government Press.