Transfer of Conditional Purchases Declaratory Act of 1879 No 22a (NSW)

No. XXVI.

An Act to declare the law as to the effect of Transfers before g r a n t of Lands con­ ditionally purchased unde r the Acts regu­ la t ing the al ienation of Crown Lands . [12th June, 1879.]

WH E R E A S doubts have arisen as to t he effect in law of notifi­ cations of t ransfer before g r a n t of lands conditionally purchased

u n d e r t h e " Crown Lands Al iena t ion A c t of 1 8 6 1 " or t h e " Lands Acts

A m e n d m e n t A c t of 1 8 7 5 " and i t has become necessary to declare t h e

legal effect of such transfers Be i t therefore enacted by the Queen ' s Mos t Exce l l en t Majes ty by and wi th t h e advice and consent of t h e Legislat ive Council and Legis la t ive Assembly of N e w South Wales in

P a r l i a m e n t assembled and by the au thor i ty of the same as fo l lows:—

1. This A c t m a y be cited as t h e " Transfer of Condit ional Purchases Declaratory A c t of 1879 ."

2. I n t h e in terpre ta t ion and for t he purposes of this Ac t t h e

expression " Crown Lands Al ienat ion A c t s " means and includes t h e " C r o w n L a n d s Al iena t ion A c t of 1 8 6 1 " t he " L a n d s Ac t s A m e n d m e n t

A c t 1 8 7 5 " (so far as i t relates to a l ienat ion of	Crown lands) and any
A c t or Ac t s hereafter passed to amend the said Ac t s t h e	expression

" t r a n s f e r " means any notification of t ransfer made and communica ted

to t h e L a n d A g e n t in pursuance of t h e Regula t ions in force for t h e

t ime being u n d e r t h e Crown Lands Alienat ion Ac t s .

3 . Subjec t to t he provisions and condit ions of t he Crown Lands Al iena t ion Ac t s and to t h e qualifications hereinafter expressed every t ransfer of land heretofore or hereafter condit ionally purchased unde r t he said Acts shall be deemed a n d t aken to have passed and to pass to t h e t ransferree t h e whole es ta te and interest whe the r a t law or in equi ty of t h e t ransferror in the land t h e subject of such t ransfer as effectually to all in ten t s and purposes as if a conveyance or assign­ m e n t unde r seal of such estate and interes t to such transferree h a d been du ly execu ted by such transferror b u t this enac tmen t shall be subjec t to t he conditions and qualifications following viz. :—

(1.) The equit ies of all persons c la iming any estate or in teres t in any such land by m a t t e r prior to t h e da te of execut ion of any such t ransfer shall no t be affected by th is A c t b u t shall be capable of assert ion and enforcement as if th is A c t had not been passed.

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(2.) N o t ransfer shall have t h e effect hereinbefore expressed
unless such t ransfer shall have been or shall hereafter be

m a d e executed and lodged in accordance wi th t he regula t ions .

(3.) N o t h i n g in this A c t shall affect any j u d g m e n t decree or

order of t h e Supreme or any Cour t m a d e before t h e pass ing of th is Act; or shall affect any proceeding or m a t t e r now pend ing before any such Cour t in which the validity or legal effect or pr ior i ty of any t ransfer is or may be in quest ion.

(4.) N o such t ransfer shall prejudice or affect a n y conveyance or ass ignment or any other assurance unde r seal re la t ing to land condit ionally purchased if such conveyance ass ignment or assurance shall have been previously registered as by law re­ quired in t he office of t h e General Reg is t ry of Deeds in Sydney.

4 . The effect given to duly registered deeds and ins t rumen t s affecting lands hered i taments and other proper ty by t h e e leventh section

of t he Regis t ra t ion Ac t seventh Victoria n u m b e r sixteen shall be deemed to have been annexed and to be incident to all transfers wi th in t h e m e a n i n g of th i s A c t if duly registered unde r t he said Regis t ra t ion Ac t .

No. X X V I I .