Transfer of Land Act Amendment Act 1946 (WA)

TRANSFER OF LAND.

10 0 GEO. VI., No. VI.

No. 6 of 1946.

AN ACT to amend section one hundred and twenty-six

of the Transfer of Land Act, 1893-1944.

[Assented to 13th November, 1946.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western A ustralia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Transfer of Land Act Snort title.

Amendment Act, 1946, and shall be read as one with the Transfer of Land Act, 1893-1944 (56 Victoria' No. 14 as amended by the Acts 60 Victorim No. 22, 2 Edward VII. No. 10, No. 54 of 1909, No. 26 of 1911, No. 32 of 1917, No. 30 of 1920, No. 31 of 1920, No. 5 of 1925, No. 14 of 1929, No. 42 of 1929, No. 23 of 1939 and No. 28 of 1944), hereinafter referred to as the principal Act.

No. 6.] Transfer of Land. [1946.

2. Section one hundred and twenty-six of the principal

MAdr principal Act. Act is amended

(a) by inserting at the end of the existing section

the following :—

"For the purposes of this subsection the words 'mortgage money' shall include any outstanding balance of the principal moneys secured."

(b) by inserting a new subsection as follows :—

(2) If it be proved to the satisfaction of the Commissioner that the whole of the moneys payable under a mortgage, whether as principal or interest, have been paid and that the mortgagee or his transferee is dead or absent from Western Australia or cannot be found and there is no person empowered or authorised to discharge the mortgage on his behalf the Commissioner may direct the Registrar to make an entry in the register book discharging the land from such mort- gage stating the time at which such entry was made and such entry shall be a valid discharge from such mortgage and the Registrar shall make a corresponding entry on the duplicate grant or Certificate of Title when produced to him for that purpose.

Oil anon of

principal Act 3. The principal Act as amended by this Act may be

as amended. cited as the Transfer of Land Act, 1893-1946.