105. (1.) The proprietor of any land under the operation of this Act may mortgage the same or may charge the same with the payment of an annuity.

(2.) A mortgage or charge may be in the form in the Fourteenth and Fifteenth Schedules respectively to this Act.

(3.) If a mortgage includes freehold land and a Crown Lease the Registrar may require a duplicate or certified copy of the mortgage to be lodged for registration.

(4.) A mortgage, charge, or lease may be extended by an instrument of extension executed by all the parties to such mortgage, charge, or lease, and stating the term of the extension and the terms and conditions on which the extension is made.

(5.) On production to the Registrar of such instrument and of the duplicate mortgage, charge, or lease, he shall retain such instrument and enter a memorandum of such extension on the original instrument of mortgage, charge, or lease filed in the Office of Titles and also on the certificate of title or, in the case of a Crown Lease. on the Register of Leases.

(6.) No dealing registered subsequent to any mortgage, charge, or lease shall be affected by the extension of any such mortgage, charge, or lease unless the proprietor in whose favour such dealing was registered shall have consented in writing to such extension.

14. Section one hundred and thirty-three of the principal Act is Amendment of amended by adding a paragraph as follows: "Every such writ shall 8. 133. cease to bind, charge, or affect any land, lease, mortgage, or charge specified as aforesaid unless a transfer upon a sale under such writ shall be left for entry upon the register within four months from the day on which the copy was served."

of easements.
S.A. No. 380, s. 81.

15. Any certificate of title may contain a statement therein or Certificates may entry thereon to the effect that the land therein described has contain statement. appurtenant thereto any easement, or that the person therein named is entitled to any easement in gross, or that the land therein described is subject to any right or right-of-way or other easement.

16. Every such statement or entry shall set forth a true and Nature of easement. accurate description of the easement, or if the instrument creating S.A. No. 380, s 82. the same is deposited in the Lands Titles Office shall refer to such instrument, and the certificate of title shall contain a plan of the land over which such easement extends, or if a plan showing the extent of such easement is deposited in the Lands Titles Office shall refer to such plan.

17.

Assurance Fund

not liable for

breach of trust, etc.

S.A. No. 380, 8. 211.

Amendment of
Seventeenth
Schedule.

17. The Assurance Fund shall not be liable for compensation for loss, damage, or deprivation occasioned

(a.) by any breach by a registered proprietor of any trust, whether express, implied or constructive, or by the improper exercise of any power of sale expressed or implied in any mortgage or encumbrance; or

(b.) to any person claiming under any unregistered instru.ment, document or writing, or any equitable mortgage or charge by deposit or otherwise without writing, or any other interest not protected by caveat, by or in consequence of the issue to any registered proprietor of a special certificate.

18. The forms in the Seventeenth Schedule of the principal Act shall be read with reference to any transfer pursuant to a sale under a warrant of execution issued under the Local Courts Act, 1904, as if the words "warrant of execution issued out of a local court" were inserted in place of "writ of fieri facias issued out of the Supreme Court," and as if the words "magistrate of the local court" were inserted in place of the word "sheriff.”

The

Application to register a Crown Lease under the Transfer of Land Act, 1893.

To the Registrar of Titles.

I [insert name, address, and occupation] hereby apply to have the land hereinafter described brought under the operation of the Transfer of Land Act, 1893. And I declare

1. That I am the lessee [or mortgagee or as the case may be] of a Crown lease of ALL THAT

2. That there are no documents or evidences of title affecting such land in my possession or under my control other than those included in the Schedule hereto.

3. That I am not aware of any mortgage or encumbrance or sub-lease affecting the said land or that any other person has any estate or interest therein at law or in equity [if there are any add other than as follows and set the same forth]. One thousand nine hundred and

Dated this

Made and subscribed at

in the presence of

day

[The applicant if within Western Australia to sign before the Registrar or an Assistant Registrar, or a notary public, justice of the peace, or commissioner for taking affidavits; if abroad before a notary public or a commissioner for taking affidavits in the Supreme Court of Western Australia.]

SCHDEDULE OF DOCUMENTS REFERRED TO.

By Authority: A. CURTIS, Acting Government Printer, Perth.

[Assented to 21st December, 1909.]

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 Interpretation Act Amendment Short title. Act, 1909.

2. Section nine of the Interpretation Act, 1898, is amended, by Amendment of adding the following words:

66

'Provided that notices required to be served by the Land and Income Tax Assessment Act, 1907, or any amendment thereof, shall be deemed to be duly served if posted in an unregistered prepaid letter."

62 Vict., No. 30, s. 9.

By Authority: A. CURTIS, Acting Government Printer, Perth.