Registration of deeds, wills etc. amendment (1855) (WA)

WESTERN AUSTRALIA.

ANNO OCTODECIMO

VICTORIA: REGINA].

No. VIII.

An Ordinance to amend the Law relative to the Registration of Deeds, Wills, Judg- ments, and Conveyances affecting real pro- perty.

HEREAS it is expedient to amend the laws relative to the Preamble.

therefore enacted, by His Excellency the Governor of Western Aus-Wregistration of instruments affecting Real Property ;—Be it

tralia and its Dependencies, by and with the advice and consent of

the Legislative Council thereof—:

Nth Viet. No. 8. 1855.

THAT from and after the passing of this Ordinance, it shall not be necessary that the certificate mentioned in the 8th section of the Registration Ordinance 2nd Wm. 4th, No. 6, be signed by the mortgagor or defendant as well as by the mortgagee or plaintiff; but

I.

that such certificate shall be sufficiently signed, if signed by the

mortgagee only, or by the plaintiff only as the case may require, or by the agent or legal representative of any mortgagee or plaintiff dead or absent from this colony.

THAT any person claiming, by affidavit, any estate or inter- est under or in any lands, tenements, or hereditaments, affected by any judgment, will, deed, or other instrument relating to Real Property, may sign and register the memorial of snob judgment, will, deed, or other instrument, annexing such affidavit thereto.

II.

THAT registration of any instrument under the provisions of any Ordinance relative to the registration of instruments affecting Real. Property, whether such registration shall have been made before or after the passing of this Ordinance, and notwithstanding such re- gistration may not have been strictly in accordance with such provi- sions, shall be deemed to be due notice of all facts, circumstances, and particulars referred to in the memorial of such registration of any instrument as aforesaid, with reference to all contracts entered into after the passing of this Ordinance.

III.

THAT in case the Registrar of Deeds and Transfer shall, by illness or accident, be temporarily disabled from the personal dis- charge of his duties or shall be absent on leave it shall be lawful for the Governor by any writing under his hand to appoint some other person to act for such Registrar during such disability or absence on leave; and all the lawful acts of such substitute in and about the dis- charge of such duties shall be as valid and effectual, as if done by such Registrar in person.

IV.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN CHIEF.

Passed the Legislative Council

this 17th day of April, 1855.3

A. O'GRA.DY LEFROY,

Clerk of the Council.

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