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GROUP SETTLERS' ADVANCES.

16° GEO. V., No. II.

No. 2 of 1925.

AN ACT relating to Advances by the Department of Lands and Surveys to enable Group Settlers and other Persons to acquire Live Stock and other Chattels, and to cultivate and improve their Holdings.

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[Assented to 12th September, 1925.]

E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Group Settlers' Advances Short title. Act, 1925.

chattels, etc., to be

2. Whenever live stock or other chattels are supplied by Advances for the Department of Lands and Surveys to a group settler a charge thereon. or other person, and whenever advances are made, and so far as advances have hitherto been made, by the Department of Lands and Surveys to a group settler or other person to enable him—

(a) to acquire live stock or other chattels; or

(b) to cultivate, crop, or improve a holding,

such live stock and chattels (including the progeny of live stock) and the crops raised on such holding, while growing and afterwards when cut or severed from the soil, shall, by

Register to be kept.

Power of sale.

Meaning of the words "holding ' etc.

virtue of this Act alone, be mortgaged to and the property therein shall vest in the Minister for Lands, on behalf of His Majesty the King, until the money due from such group settler or other person to the Department of Lands and Surveys in respect of such chattels or advances shall have been paid by such group settler or other person to the Minister.

3. A register, with an alphabetical index of the names and addresses of all group settlers and other persons to whom chattels have been supplied or advances have been made, shall be kept at the Department of Lands and Surveys in Perth, in which a memorandum shall be registered of every statutory mortgage under this Act, and such register shall be open to public inspection free of charge; but the Bills of Sale Act, 1899, and its amendments shall not apply, or be deemed to have applied, to any statutory mortgage under this Act, or to any agreement, bill of sale, or other instrument, whether made before or after the commencement of this Act, whereby chattels or crops are charged with the ment of money due for chattels supplied, or with the repayment of any such advances as aforesaid; and no group settler or other person as aforesaid shall, in any proceedings in bankruptcy, be deemed the reputed owner thereof.

pay

4. Subject to the express provisions of any such agreement, bill of sale, or instrument, the amount due for chattels supplied, or in respect of such advances as aforesaid, with interest at the agreed or prescribed rate, shall be payable on demand; and in case of default in payment the Minister for Lands, or any person acting with his authority, may enter upon any holding, and may take and continue in possession of and may remove and sell the chattels and crops, and out of the proceeds, after payment of all costs and expenses, pay and so far as the net proceeds extend satisfy the moneys due to the Department of Lands and Surveys, and any deficiency shall be payable by the group settler or other person to whom the chattels were supplied, or the advances made.

5. In this Act the word "holding" means any land of which a group settler or other person is in occupation or entitled to occupy under the provisions of the Land Act, 1898, the Agricultural Lands Purchase Act, 1909, or any

Act relating to closer settlement, or any regulations thereunder, and includes any land within a settlement area allotted to any person with the view to the acquisition by him of a holding as aforesaid; and the words "group settler or other person" mean a person who under any scheme for closer settlement, or on any area specified in the register under this Act, is or was in occupation of any holding or allotment; and the word "advances" includes payments made to a group settler or other person for work and labour on his holding or allotment, or on any other allotment of a group in which the holding or allotment of the settler or other person is comprised; and the word "crops" includes sown grasses for permanent pasture; and the words "Minister for Lands" include the Minister for Lands in office for the time being.

REAL PROPERTY

(COMMONWEALTH

TITLES).

16° GEO. V., No. III.

Short title.

Incorporation with Transfer of Land Act, 1893.

Interpretation.

No. 3 of 1925.

AN ACT relating to the Registration of Titles to Land acquired by the Commonwealth of Australia.

[Assented to 24th September, 1925.]

E it enacted by the King's Most Excellent Majesty, by

B and with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Real Property (Commonwealth Titles) Act, 1925.

2. This Act is incorporated with the Transfer of Land Act, 1893.

3. In this Act, unless the context otherwise requires—
"Acquired land" means any land which, having become
vested, whether before or after the commencement
of this Act-

(a) in the Commonwealth pursuant to the Con-
stitution; or

(b) in the Commonwealth or in any Commonwealth authority by any law of the Commonwealth, or any notice, notification of acquisition, proclamation, or order made under any such law,

is for the time being vested either in the Commonwealth or a Commonwealth authority;

"Attorney General" means the Attorney General for the time being of the Commonwealth, or any person to whom the powers and functions of the Attorney General under any law of the Commonwealth have been duly delegated pursuant to any law of the Commonwealth;

"Commonwealth authority" means any authority incorporated by any law of the Commonwealth;

"The Constitution" means the Commonwealth of Australia Constitution Act.

bringing land inonwealth under

4. With respect to any acquired land which at the time Provision for of acquisition thereof is not or was not subject to the pro- acquired by Comvisions of the Transfer of Land Act, 1893, the following the Transier of provisions shall apply:

(i) If the land is vested in fee simple in the Common-
wealth, the Attorney General, or if the land is
vested in fee simple in a Commonwealth authority,
then the Commonwealth authority in whom the
land is so vested, may apply to the Registrar of
Titles to bring the land under the provisions of the
Transfer of Land Act, 1893:

(ii) If the land is land which became vested in the
Commonwealth pursuant to the Constitution, the
Attorney General, or the Commonwealth authority,
whichever makes the application, shall furnish
the Registrar of Titles with a certificate under the
hand of the Attorney General, or the seal of the
Commonwealth authority, as the case may be,
certifying that the land became so vested in the
Commonwealth and setting out any other facts
relevant to the title of the Commonwealth or Com-
monwealth authority:

(iii) In all cases other than those mentioned in the next preceding paragraph there shall be furnished to the Registrar of Titles in support of the application a copy, certified under the hand of the Attorney General, or the seal of the Commonwealth authority, whichever makes the application, of the notification of acquisition, vesting order, or other instrument or notice (if any) whereby or in pursuance of which the land was vested in the

Land Act.

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