Registration of deeds, wills etc. amendment (1843) (WA)

WESTERN AUSTRA LIA.

ANNO SEPTIMO

VICTORIYE REGINA).

No. X.

An Act to amend an Act intituled "an Act to provide for the egistratiou of Deeds, Wills, Judgments, and Conveyances af- fecting Real Property.

HEREAS it is expedient to amend an Act passed in the se- Expedient tonend 2nd

W cond year of the reign of His late Majesty King William' 4L11' No. Q

the Fourth (No. 6,) intituled "an Act to provide for the registration

of deeds, wills, judgments,.and conveyances affecting real property";

7th Viet. No. 10. 1843,

Memorial of judgment Be it therefore enacted, by His Excellency the Governor of Western may be signed by agent Australia and its Dependencies, by and with the advice and consentin case of absence of ,

plaintiff or plaintiffs.	of the Legislative Council thereof', that the memorial of a judgment
alluded to in the fourth section of the said Act ma y be signed by the
duly authorised agent of the plaintiff or plaintiff's-, in case of the absence
-from the colony of such plaintiff or plaintiffs, and also that the oath
required by the said section in verification of every memorial and

fore the Lord Mayor of aOaths may be taken be- lso the oath required by the ninth section of the said Act in verifi- London, &-e. cation of the certificate of satisfiction therein mentioned, may be

taken before the Lord Mayor of London or before the Mayor or Chief Magistrate of any other City, Borough, or Town Corporate within the United Kingdom of Great Britain and Ireland, or before the Governor of any of Her Majesty's Colonies, certified under the com- mon seal of such City, Borough, or Town Corporate, or under the Seal of Her Majesty's Colony whera the affidavit shall have been made.

In ease of death or ab-	IL AND be it enacted, that in case of the death or absence from
sence of the parties, veri-

fied certificate may be	the colony of any mortgagor or mortgagee, or plaintiff or defendant,
signed by legal represen-	whose signature is required by the eighth section of the said recited
tative or agent respec-
tively.	Act to be affixed to the verified certificate therein mentioned, such verified certificate may be signed by the legal representative of such mortgagor or mortgagee, or such plaintiff or defendant, or the duly authorised agent of any of the said parties, or of their legal represen- tatives, respectively.
Registrar to enrol instru-	III. AND be it enacted, that the Registrar shall carefully enrol ment affecting lands, tenements, or hereditaments within this colony which shall be delivered to him for the purpose of enrolment, and he shall also keep an alphabetical index of the names of the parties to such Instruments, and of the district, letter and number by which such lands are therein particularised, with accurate references in such index to the number and pan of enrolment to which any entry in such index shall relate.

Zi

e listasboaineadi itrIel!eP an in a particular book to be kept by him for that purpose any Instru-

(In affidavit that the ori-

ginal of any itieh enrolled IV. AND be it enacted, that on production of an affidavit setting

instrument is lost; effaced forth that the original of any such enrolled Instrument has been lost

or destroycd,the Registra

is to give a certified copy	r or cannot be found after due and diligent search and enquiry, or has
which is to be received a	; been wholly Or partially effaced or destroyed, and that the party by
conclusive evidence.	irlitnn '&M1 whose behalf -such-affidavit is tendered claims interest

1843.               7th Viet. No. 10.

under such Instrument, the Registrar shall issue to the party deliver. ing such affidavit a full copy certified by him to be correct of the In- strument referred to by such affidavit, and every copy so certified shall he received in any Court of Justice within the said colony as conclusive evidence of the contents of the instrument so lost, effaced or destroyed, proof having been first made to the satisfaction of such Court that such original Instrument is lost or cannot be found after due and diligent search, and of the signature of the Registrar to such certificate.

AND be it enacted, that the due registration of any Instru- Registration is to be

ment under the provisions of the said recited Act, shall be deemed to deemed "pee' V.

be notice of the sale, mortgage or other transaction referred to in the

memorial of registration of such Instrument.

VI.     AND whereas it has been found expedient to alter in some It is expedient to alter

particulars the table of Fees chargeable under this Act, be it enacted, thetable	of fees.
that from and after the passing of this Act the several fees or sums of mone y mentioned hereunder (and no higher or other fees) shall be demanded by and paid to the said Registrar for and in respect of the several things to be by him performed and clone under and by virtue of this Act, or of the said herein recited Act, any thing in the said Act to the contrary notwithstanding ;—that is to say,

For receivin g each memorial or verified certificate, or other £. s. d. Schedule of rate of fees.

instrument. 2 6

For giving a receipt for, and afterwards entering the same,

or for enrolling any Instrument, or for giving a copy

or other particular of any of the same, for any number

of folios not exceeding ten, of seventy-two words each 7 6

For every folio after the first ten	1 0
For receiving any Will or other Document deposited and

recording the same 10 0

For giving out the same	10 0
For every search	2 6
For every examination of any original memorial	1 0

VII.      AND be it enacted, that all fees charged or imposed by or Appropriation of penal.

under this Act shall be paid over to the Collector of Revenue, in aid tie&

of the general revenues of the colony.

7th Viet. No. 10. 1843.

Registrar or clerk who	VIII.	AND be it enacted, that if the said Registrar, or any clerk
shall destroy, secrete,

forge, raze, deface or al-	or person employed under him, shall wilfully destroy, secrete, forge,
ter such instrument, shall	counterfeit, raze, deface or alter any such enrolment as aforesaid with
he guilty of felony.	intent to defraud or injure any person or persons, such Registrar, Clerk, or person so offending, shall be guilty of Felony, and being thereof duly convicted, shall be liable to be transported beyond seas for any term not less than seven years nor exceeding fourteen.

AND be it enacted, that this Act may be amended or repealed

Act may be amended. IX.

by any Act to be passed during this present Session.

JOHN HUTT,

GOVERNOR.

Passed the Council

17th Aug., 1843. 3

EDWARD C. SOUPER,

Acting Clerk of the Council.

Printed by authority of the Government, by E. Stirling, Perth.