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Act may be amended

2. And be it enacted that this Act may be amended or repealed by any Act to be passed during this present session.

JOHN HUTT,

GOVERNOR.

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WESTERN AUSTRALIA

ANNO SEPTIMO

VICTORIAE REGINE

No. 9

An Act for the Quieting of Titles to Lands in this Colony by declaring valid certain Instruments and Transactions affecting the same.

W

[Assented to 17th August, 1843.

HEREAS in the second year of the reign of His late Majesty King William the Fourth an Act was passed intituled 'An Act to facilitate and simplify the Transfer of Real Property,' in which Act certain simple and concise forms were given as guides to persons desirous of transferring by way of sale or mortgaging any real property in this Colony; and whereas, either through ignorance or inadvertence in the absence of professional aid, many instruments intended to serve as instruments of sale and transfer, or to operate by way of mortgages, have been framed not in accordance with the wording of those forms, and in some instances those forms have been used in cases where they were not strictly applicable; and whereas doubts have been suggested as to the validity of such instruments; and whereas for the quieting of titles it is expedient to remove such doubts: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, that any instrument in writing which has been executed or which shall be executed on or before the first day of January next* by any party, for the purpose (clearly apparent on the face of such instrument) of transferring by way of sale an estate of inheritance in fee simple of such party in any lands, tenements, or hereditaments, situated in this Colony, shall be deemed and taken to be valid and effectual to pass and transfer such estate both at law and in equity, although such instrument shall not be according to the form of transfer given in the aforesaid Act, nor according to any form of transfer recognised by the practice of conveyancing in England.

2. And be it enacted that any instrument in writing purporting to be a mortgage by deposit of title deeds with a power of sale of any lands, tenements, or hereditaments situate in this Colony which has been executed, or which shall be executed on or before the first day of January next, although the same shall not have been accompanied by a deposit of title deeds, shall be deemed and taken to be valid and effectual as a mortgage of such lands, tenements, or hereditaments, as

Transfer of Real Property

if such instrument had been according to the form of mortgage given in the aforesaid Act, and had been accompanied by a deposit of title deeds.

3. And be it enacted that every instrument deriving its validity from this Act shall be deemed to take effect from the date of its registration, and that nothing in this Act contained shall be construed to affect the rights or priorities of instruments under the Registration Act of Council, 2 William IV., No. 6.

4. And be it enacted that in every case in which the principal money secured by any instrument of mortgage, together with all moneys due thereon, has been repaid and satisfied or shall at any future time be repaid and satisfied, and a verified certificate of such payment has been or shall be delivered into the Registry Office of the said Colony, then and in such case every such instrument of mortgage shall be deemed to be and to have been null and void from the time of the delivery of such certificate and the estate and interest of the mortgagor, his heirs or assigns, in the lands, tenements, or hereditaments thereby charged, shall be deemed to be and to have been from the time of such delivery the same as if no such instrument had been made, notwithstanding any default which may have occurred in payment of the principal or interest thereby secured on the days and at the times appointed in the said instrument for payment of the same respectively.

5. And be it enacted that any instrument in writing by which any married woman of the age of twenty-one years at the time of the execution of such instrument, has expressed or shall express her intention to pass and transfer or release her title to dower in or to any lands, tenements or hereditaments within the said Colony, and which has been executed or which shall be executed on or before the first day of January next in the presence of the Commissioner of the Civil Court or before some Justice of the Peace of the said Colony, and on which instrument there is or shall be endorsed or to which there is or shall be appended or subjoined a certificate under the hand of such Commissioner or Justice of the Peace as required by the said first mentioned Act, shall be deemed valid and effectual to pass and transfer or release the title to dower of such married woman as if such instrument had been a deed jointly executed by her with her husband, as required by the said Act.

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mortgagee before

be impeached

6. And be it enacted that no purchase made before the passing of Purchase by a this Act of any lands, tenements, or hereditaments by any mortgagee thereof at a sale thereof by public auction (such sale being in pursuance of a power contained in the instrument of mortgage) shall be impeached or impeachable on the sole ground that such mortgagee was by reason of such power of sale a trustee for his or her mortgagor: Provided that at least the full amount due for principal and interest shall have been bid and paid for the same.

the passing of this Act not to solely on the ground of his provided the full amount of prin

being a trustee,

cipal and interest has been paid for the same

7. And be it enacted that this Act may be amended or repealed by Act may be any Act to be passed during this present session.

amended

JOHN HUTT,

GOVERNOR.

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Preamble

It being expcdient to discontinue the publication of the notice referred to

the Act of

6th Vic., No. 8, so much of the said Act as

ANNO SEPTIMO

VICTORIÆ REGINE

No. 11

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An Act to amend an Act intituled An Act to regulate
the Apprenticeship and otherwise to provide for the
Guardianship and Control of a certain class of
Juvenile Immigrants.' [Assented to 21st May, 1844.

Wassed in the sixth year of the reign of Her present Majesty

HEREAS in and by the first section of an Act of Council

Queen Victoria, intituled 'An Act to regulate the Apprenticeship and otherwise to provide for the Guardianship and Control of a certain class of Juvenile Immigrants,' it is enacted that a notice published by His Excellency's command in the 'Government Gazette,' setting forth that certain persons therein named are immigrants to be apprenticed under that Act shall be conclusive evidence in all proceedings at law in the 1st sec. of before Justices of the Peace or otherwise that such persons (on due proof of identity, if requisite) are within the operation of that Act; and whereas it is expedient to discontinue the publication of such notices: Be it therefore enacted by His Excellency the Governor of Western notice to be con- Australia, by and with the advice and consent of the Legislative Council thereof, that so much of the said Act as directs such notice as aforesaid to be conclusive evidence shall be repealed, and that no such notice shall be published after the passing of this Act, and in all subsequent parts of the said Act the expression 'such immigrants as aforesaid' shall be taken and understood to refer to the class of persons described in and by the preamble of the said Act, and not of the persons described or intended to be described by any such notice.

directs such

clusive evidence

is repealed, and the expression 'such immigrants as aforesaid' shall be

taken to refer to

the class of per

sons described in

the preamble of said Act

Act may be amended

2. And be it enacted that this Act may be amended or repealed by any Act to be passed during the present session.

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An Act for adopting certain Acts of Parliament passed in the third and fourth, the fourth and fifth, the fifth and sixth, and the sixth and seventh years of the reign of

Adoption of Imperial Acts

His late Majesty King William the Fourth; and also
certain Acts of Parliament passed in the first and
second, the second and third, and the fifth and sixth
years of the reign of Her present Majesty Queen
Victoria, respectively, and applying the same in the
Administration of Justice in Western Australia in like
manner as the other Laws of England are applied
therein.
[Assented to 30th May, 1844.

HEREAS a certain Act of Parliament was passed in the third 3 & 4 Will. IV. and fourth years of the reign of His late Majesty King

WHE

William the Fourth, intituled,

An Act to allow Quakers and Moravians to make Affirmation in all c. 49

cases where an Oath is or shall be required;

and whereas also certain other Acts of Parliament were passed in the 4 & 5 Will. IV.
fourth and fifth years of the reign of His said Majesty, intituled
respectively,

An Act for the Amendment of the Law relative to the Escheat and c. 23
Forfeiture of Real and Personal Property holden in Trust; and

*An Act to abolish the Practice of Hanging the Bodies of Criminals c. 26

in Chains;

and whereas also certain other Acts of Parliament were passed in the 5 & 6 Will. IV. fifth and sixth years of the reign of His said Majesty, intituled respectively,

An Act to amend the Law relating to Securities given for Considera- c. 41 tions arising out of Gaming, Usurious, and certain other illegal Transactions; and

An Act to render certain Marriages valid, and to alter the Law with c.54 respect to certain voidable Marriages; and

* An Act for abolishing Capital Punishment in cases of Letter c. 81 Stealing and Sacrilege;

and whereas also certain other Acts of Parliament were passed in the 6 & 7 Will. IV. sixth and seventh years of the reign of His said Majesty, intituled

respectively,

An Act to amend an Act of the last Session for abolishing Capital c. 4
Punishment in cases of Letter Stealing and Sacrilege; and

An Act for declaring the Law as to the day on which it is requisite c. 58
to present for payment to the acceptor or acceptors supra pro-
test for honour, or to the referees or referee, in case of need,
Bills of Exchange which had been dishonoured; and

An Act to repeal so much of two Acts of the ninth and tenth c. 30
years of King George the Fourth as directs the period of Exe-
cution and the Prison Discipline of persons convicted of the
crime of Murder; and

An Act to prevent the fact of a Previous Conviction being given in c. 111 evidence to the Jury on the case before them, except when evidence to Character is given; and

An Act for enabling persons indicted of Felony to make their defence c. 114 by Counsel or Attorney;

and whereas also certain other Acts of Parliament were passed in the 1 & 2 Vic.

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c. 69

Repealed by

17 Vic., No. 10 c. 74

c. 77

c. 105

2 & 3 Vic.

c. 54 c. 60

5 & 6 Vic.

c. 39

c. 69

Adopted and applied in the administration of justice in this Colony

Commencement of Act

Act may be amended

Adoption of Imperial Acts

first and second years of the reign of Her present Majesty Queen Victoria, intituled respectively,

An Act to remove doubts respecting Conveyances of Estates vested in Heirs and Devisees of Mortgages; and

An Act to facilitate the recovery of possession of Tenements after due determination of the Tenancy; and

An Act for permitting Affirmation to be made instead of an Oath in certain cases; and

An Act to remove doubts as to the validity of certain Oaths;

and whereas also certain other Acts of Parliament were passed in the second and third years of the reign of Her said Majesty, intituled respectively,

An Act to amend the Law relating to the Custody of Infants; and An Act to explain and extend the provisions of an Act passed in the first year of His late Majesty King William the Fourth, intituled 'An Act for consolidating and amending the Laws for facilitating the Payment of Debts out of Real Estates; and whereas also certain other Acts of Parliament were passed in the fifth and sixth years of the reign of Her said present Majesty, intituled respectively,

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* An Act to amend the Law relating to Advances bona fide made to Agents entrusted with goods; and

An Act for perpetuating Testimony in certain cases;

and whereas it is expedient to adopt and apply the said several recited Acts of Parliament in the administration of justice in Western Australia Be it therefore enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legislative Council thereof, that the said recited Acts of Parliament, and every clause, provision, and enactment therein respectively contained, shall be and the same are and is hereby adopted and directed to be applied in the administration of justice, so far as they can be applied respectively to the circumstances of this Colony.

2. And be it enacted, that all and every the powers and duties conferred and imposed in and by any of the aforesaid Acts on the Court of Chancery in England shall be exercised and discharged by the Civil Court of this Colony; and that the functions ascribed by any of the said Acts to the Attorney-General in England shall be discharged by the Advocate-General in this Colony.

3. And be it enacted, that this Act shall commence and take effect from the date of its passing the Legislative Council.

4. And be it enacted, that this Act may be altered, amended, or repealed by any Act to be passed during the present session.

*

JOHN HUTT,

GOVERNOR.

Repealed by 24 & 25 Vic., c. 95 (Imp.), which repeal is adopted in this Colony by 29 Vic., No. 5, wholly as regards the 4 & 5 Will.IV.,

c. 26, and in part as to the other three Acts.

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