Real Property Transfer Act Amendment Act 1843 (WA)

WESTERN AUSTRALIA

ANNO SEPTIMO

VICTORIA?, REGIME

No. 9

An Act for the Quieting of Titles to Lands in this Colony by declaring valid certain Instruments and Trans- actions affecting the same.

[Assented to 17th August, 1843.

Preamble

HEREAS in the second year of the reign of His late Majesty

WAct to facilitate and simplify the Transfer of Real Property,' in whichKing William the Fourth an Act was passed intituled ' An

Act certain simple and concise forms were given as guides to persons desirous of transferring by way of sale or mortgaging any real property in this Colony ; and whereas, either through ignorance or inadvertence in the absence of professional aid, many instruments intended to serve as instruments of sale and transfer, or to operate by way of mortgages, have been framed not in accordance with the wording of those forms, and in some instances those forms have been used in cases where they were not strictly applicable ; and whereas doubts have been suggested as to the validity of such instruments ; and whereas for the quieting of

Any instrument

titles it is expedient to remove such doubts : Be it therefore enacted by

of sale executed

on or before

His Excellency the Governor of Western Australia and its Depen-

the 1st January

next to be valid

dencies, by and with the advice and consent of the Legislative Council thereof, that any instrument in writing which has been executed or

* See 24 Vie.,

which shall be executed on or before the first day of January next* by

No. 3, s. 2

any party, for the purpose (clearly apparent on the face of such instru- ment) of transferring by way of sale an estate of inheritance in fee simple of such party in any lands, tenements, or hereditaments, situated in this Colony, shall be deemed and taken to be valid and effectual to pass and transfer such estate both at law and in equity, although such instrument shall not be according to the form of transfer given in the aforesaid Act, nor according to any form of transfer recognised by the practice of conveyancing in England.

Any instrument 2. And be it enacted that any instrument in writing purporting to

of mortgage exe-• e	outed on or beforeo a mortgage by deposit of title deeds with a power of sale of any
the 1st January lands, tenements, or hereditaments situate in this Colony which has
text, although ,
not accompanied been executed, or which shall be executed on or before the first day of deeds, to be validby aeposit of title January next,• although the same shall not have been accompanied

by a deposit of title deeds, shall be deemed and taken to be valid and

Se e 34 V ie

No. 3, s. 2 ' effectual as a mortgage of such lands, tenements, or hereditaments, as

7 VICTORIE. No. 9

Transfer of Real Prapeny

if such instrument had been according to the form of mortgage given in the aforesaid Act, and had been accompanied by a deposit of title deeds.

3. And be it enacted that every instrument deriving its validity Instrument to

from this Act shall be deemed to take effect from the date of its re is- tee ed ace:, fir

tration, and that nothing in this Act contained shall be construed to registration only

affect the rights or priorities of instruments under the Registration

Act of Council, 2 William IV., No. 6.

4. And be it enacted that in every case in which the principal Delivery of c cr -

money secured by any instrument of mortgage, together with all IT= g tie,"

moneys due thereon, has been repaid and satisfied or shall at any the effe ct t

future time be repaid and satisfied, and a verified certificate of such inestonrctega ll he

payment has been or shall be delivered into the Registry Office of the le.esttrionylilee

said Colony, then and in such case every such instrument of mortgage mortgagor if as

shall be deemed to be and to have been null and void from the time bee	11° mortgage had	n executed
of the delivery of such certificate and the estate and interest of the mortgagor, his heirs or assigns, in the lands, tenements, or heredita- ments thereby charged, shall be deemed to be and to have been from the time of such delivery the same as if no such instrument had been made, notwithstanding any default which may have occurred in pay- ment of the principal or interest thereby secured on the days and at the times appointed in the said instrument for payment of the same respectively.

5. And be it enacted that any instrument in writing by which any Any instrument

married woman of the age of twenty-one years at the time of the melaecrilteejli„lann

execution of such instrument, has expressed or shall express her inten- on or before the

tion to pass and transfer or release her title to dower in or to any lands, tfy"tsrl)aryelefa..= tenements or hereditaments within the said Colony, and which has clever Pre" n sciiiselonfetrhoeferm-

been executed or which shall be executed on or before the first day of

January next in the presence of the Commissioner of the Civil Court aTilj„r„oorf

or before some Justice of the Peace of the said Colony, and on which the Colony. wi th

instrument there is or shall be endorsed or to which there is or shall be areccieutifiV3,̀	appended or subjoined a certificate under the hand of such Commis- Act 2 Wil. /V.,
sioner or Justice of the Peace as required by the said first mentioned Al‘:/t1;Ft os hra 'cleat
Act, shall be deemed valid and effectual to pass and transfer or release her dower
the title to dower of such married woman as if such instrument had been a deed jointly executed by her with her husband, as required bythe said Act.

6. And be it enacted that no purchase made before the passing of Purchase by a

this Act of any lands, tenements, or hereditaments by any mortgagee itrerp. tvienegboeict re

thereof at a sale thereof by public auction (such sale being in pursuance this Act not to of a power contained in the instrument of mortgage) shall be impeached sb:14poenactileedor impeachable on the sole ground that such mortgagee was by reason ground of hi:

of such power of sale a trustee for his or her mortgagor : Provided that bprejonvYdttiLeLi

at least the full amotmt due for principal and interest shall have been amount of prizOpal and interest

bid and paid for the same.

has been paid for

the same

7. And be it enacted that this Act may be amended or repealed by Act may lie

any Act to be passed during this present session. amended •

JOHN HUTT,

GOVERNOR.

E 2