AN ACT to further amend the Transfer of
Land Act, 1893.

[Assented to 21st December, 1909.]

Bith the advice and consent of the Legislative Council and

E it enacted by the King's Most Excellent Majesty, by 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 Transfer of Land Act Amendment Act, 1909, and shall be read as one with the Transfer of Land Act, 1893, hereinafter referred to as the principal Act, and shall come into operation on a day to be fixed by Proclamation.

Short title and commencement.

2. Section four of the principal Act is amended as follows: Amendment of

(a.) By adding to the word "fee," in line twenty-three, the
words "and shall also include Crown Leases."

(b.) By adding the following subsection:-"Crown Lease"
shall mean every lease or other holding of Crown
Lands under the Land Act, 1898, or any regulation
thereby repealed, granted for or extending over a
period of five years or more.

56 Vic., No. 14, s. 4.

3.

Registration of
Crown leases.

Registration of

Crown leases

granted before

commencement of

Act.

3. (1.) Every Crown Lease issued after the commencement of this Act shall be issued in duplicate under seal and be forwarded by the Minister for Lands direct to the Registrar for registration under sections fifty-three and fifty-four of the principal Act.

(2.) The Registrar shall

(a.) Enter in a journal particulars of the lease, and mark on each part thereof the number appearing in such journal, and sign his name to each part;

(b.) Retain one part (to be called the original), and deliver the other part (to be called the duplicate) to the lessee or, in the case of a mortgage, to the mortgagee; and

(c.) Register the original in the Register of Leases.

4. (1.) A Crown Lease issued before the commencement of this Act may be made subject to and registered under the operation of the principal Act, by an application in the form in the Schedule hereto.

(2.) Such application may be made by the lessee or any person claiming through him, or by any mortgagee, and shall be accompanied by

(a.) The instrument of lease and certified copies of all existing mortgages, subleases, and other dealings (if any) registered under the Land Act, 1898; and

(b.) A certified copy of the lease to be supplied by the
Department of Lands and Surveys to the applicant
for such purpose; and

(c.) The writtten consent of all registered mortgagees; and
(d.) In applications by mortgagees, the written consent of

the lessee.

(3.) The Registrar shall refer such application to the Commissioner for his direction, and if the Commissioner is satisfied as to the title of the applicant he shall direct the Registrar to bring the land under the Act, either forthwith or after advertisement.

(4.) When the Registrar is satisfied that the preceding provisions of this section have been complied with, he shall

(a.) Enter in a journal particulars of the lease, and of all existing mortgages and subleases, and mark on the lease and the certified copy the number appearing in the journal, and endorse on the lease and certified copy all existing mortgages and subleases, and sign his name to the lease and certified copy and such endorsements; and

(b.) Retain and register in the Register of Leases the original lease instrument and deliver the certified copy to the lessee, or, in the case of a mortgage, to the mortgagee.

(5.)

(5.) Any mortgage or sublease of a Crown Lease made prior to the lease being registered under this section, and which is still operative—

(a.) Shall be recorded on the original instrument of lease
and on the certified copy; and

(b.) When so recorded, shall be read as if it contained
all the covenants, powers, and conditions which by
the principal Act are implied in mortgages or sub-
leases or conferred upon the parties thereto, except
so far as such mortgage or sublease contains express
provisions to the contrary.

5. When a Crown Lease is signed by the Registrar it shall be Effect of registradeemed to be registered and, subject to this Act, may be trans- tion. ferred, subleased, and dealt with in like manner as if it had been granted by a registered proprietor and registered in the ordinary way, and the several provisions of the principal Act with respect to freehold land shall apply to such Crown lease, and every mortgage or sublease thereof, whether granted before or after the commencement of this Act, with such variations only as the difference in the nature of such property requires, or as may be necessary to render such provisions applicable to leaseholds for years.

6. (1.) No transfer, sublease, or mortgage of a Crown Lease Registration of or of a sublease thereof shall be registered until the written con- Transfer, etc. sent thereto of the Minister for Lands or of an officer of the Department of Lands and Surveys thereto authorised by the Minister for Lands has been filed with the Registrar.

(2.) Nothing in this Act or the principal Act contained shall affect the provisions of the Land Act, 1898, whereby a transferee or sublessee is required to be a person who is not disqualified under that Act to be a lessee of the land intended to be transferred or sublet.

7. No order of foreclosure shall be made in respect of a mortgage of a Crown Lease without the consent, in writing, of the Minister for Lands.

No foreclosure without the con

sent of Minister for Lands.

8. (1.) The Registrar, upon receipt of written notice from the Entry of forfeiture. Minister for Lands that any Crown Lease has been forfeited or determined in whole or in part, shall make an entry to that effect on the original lease and call in the lessee's part thereof.

(2.) If there is a mortgage or sublease registered against the lease so forfeited or determined, the Registrar shall post to the mortgagee or sublessee, at the address appearing in the Register, thirty days' notice of his intention to make such entry within which time the mortgagee or sublessee may carry out the conditions of the

Crown lessee to be

the lease and apply to the Minister for Lands to waive the forfeit

ure

(3.) The Minister for Lands may, by notice to the Registrar, allow a longer period than thirty days.

(4.) Unless the forfeiture or determination is cancelled by the Governor in Council under the Land Act, 1898, or is waived by the Minister for Lands under subsection two of this section, then at the expiration of such days or such longer period as the Minister for Lands shall allow, such forfeiture and determination shall become absolute.

9. (1.) Every person who for the time being is the holder of a deemed of full age. Crown Lease shall, for all purposes in connection with transferring, subletting, mortgaging, or otherwise dealing with the lease, have the same capacity as if he were and shall be deemed of full age.

Certain provisions

(2.) The provisions of this section shall be deemed to have applied to all holdings under the Land Act, 1898, from the first day of January, one thousand eight hundred and ninety nine.

(3.) The terms and conditions of any such transfer, sub-lease, mortgage, or other dealing may be renewed and altered upon application in Chambers to a Judge of the Supreme Court.

10. (1.) Sections ninety-two, ninety-three, and ninety-four of of the principal Act the principal Act shall not apply to Crown Leases.

and of Land Act, 1898, not to apply to Crown leases.

Amendment of s. 78.

Amendment of s. 90.

Amendment of s. 105.

(2.) Sections eighty, one hundred and twenty-two, and one hundred and thirty-eight to one hundred and forty-four (a) inclusive of the Land Act, 1898, and sections seventy-four to eightythree inclusive of the Land Act Amendment Act, 1906, shall not apply to Crown Leases registered under this Act, and section fifteen of the Land Act Amendment Act, 1900, shall in reference to Crown Leases registered under this Act be read subject to section nine of this Act.

11. Section seventy-eight of the principal Act is amended by inserting after the word "sheriff" the words "or the magistrate of a local court."

12. Section ninety of the principal Act is amended by inserting after the word "sheriff" the words "or magistrate of a local court," and by inserting after the words "fi. fa." the words "or warrant of execution," and by striking out the words "three months" and inserting" four months" in lieu thereof.

13. Section one hundred and five of the principal Act is repealed, and the following section shall be read in lieu thereof:105.