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Transfer of Real Property
GUL. IV. REGIS
An Act to facilitate and simplify the Transfer of Real
"HEREAS it is desirable to establish some simple and uniform Preamble
Be it enacted by His Excellency the Governor of Western Australia
2. And be it further enacted that an instrument in writing Simple form of (according to the form numbered 2 in the said Schedule), duly executed by the parties thereto, accompanied by a deposit of the title deed, or title deeds of any hereditaments therein referred to, and situate within the said Colony, shall (from the time of default being made in payment of the principal money or interest thereby secured) have the effect in all proceedings at law or in equity of a conveyance or assignment of the legal estate in the same hereditaments, to the mortgagee or person in whose favour such last-mentioned instrument shall be executed; and that it shall not be essential to the validity of any sale and conveyance Mortgagor need of the same hereditaments by the said mortgagee, under or by virtue of any power of sale contained in such last-mentioned instrument that the mortgagor, his heirs or assigns, should join in making and executing such sale and conveyance, and that the receipts of the said mortgagee, his executors, administrators or assigns, shall be sufficient discharges for the purchase money therein expressed to be received, to the purchaser or purchasers thereof, who shall not be obliged to inquire into the legality of any such sale, and shall not be answerable for the application or misapplication of such purchase money: Provided that every such instrument as last aforesaid be duly registered within one month from the date of its execution.
not join in sale under power
3. And be it further enacted that in case the money secured by any such instrument as last aforesaid shall be repaid within the time thereby limited, and a verified certificate of such repayment (in the form required by an Act of Council intituled An Act to provide for the Registration of Deeds, Wills, Judgments and Conveyances, affecting Real Property') shall be delivered into the Registry Office of the said Colony, then and in such case such last-mentioned instrument shall
answerable for misapplication of the purchase bound to inquire
into legality of
Mortgage void on payment of tificate thereof Registry Office
money and cer
Tenant in tail may bar the entail
4. And be it further enacted that from and after the passing of this women may pass Act any married woman may by deed, to be by her jointly executed
with her husband, pass and transfer as fully and effectually as by fine levied any estate, right or interest (including her title to dower) in or to any hereditaments within the said Colony or its Dependencies: Provided always that such married woman be of the age of twenty-one years at the time of such execution, and that such deed be by her executed in the presence of some Judge or Commissioner of any Civil Court of the said Colony, or before some Justice of the Peace of the said Colony, who shall previously examine her, apart from her said husband, whether she proposes to execute such deed freely and voluntarily, and without threats or compulsion on the part of her said husband, and which said Judge, Commissioner or Justice shall also endorse on such deed a certificate under his hand of such examination.
Any other interest in landed property passed by a deed executed as above
Transfer of Real Property
immediately after the delivery of such certificate become null and void, and the estate and interest of the said mortgagor, his heirs or assigns in the hereditaments thereby charged, shall be the same as if no such instrument had ever been made.
Instruments affecting land in this Colony, executed out of the Colony, in what manner
5. And be it further enacted that any tenant in tail, general or special, of any hereditaments within the said Colony or its dependencies may by deed, to be by him executed for that purpose in the presence of any such Judge, Commissioner or Justice of the Peace as last aforesaid, bar and extinguish such estate in tail, and pass and transfer all his estate, right and interest in or to such last-mentioned hereditaments as fully and effectually, to all intents and purposes, as if a fine with proclamation or a common recovery had been in due form levied or suffered respectively of such hereditaments; and such Judge, Commissioner or Justice shall endorse on every such last-mentioned deed a certificate under his hand that the same was executed before him.
6. And be it further enacted that any other estate, right or interest in or to any hereditaments which by the laws and usage of England can be passed or transferred by fine or recovery only may from and after the passing of this Act (so far as relates to hereditaments situate within the said Colony) be passed or transferred by any deed purporting to be a transfer thereof, and executed and certified in manner aforesaid before and by any such Judge, Commissioner or Justice of the Peace as aforesaid, as fully and effectively, to all intents and purposes, as if a fine or recovery had been levied or suffered thereof. 7. [Repealed by 19 Vic., No. 3, s. 4.]
JAMES STIRLING, GOVERNOR AND COMMANDER-IN-CHIEF.
SCHEDULE REFERRED TO BY THE ANNEXED ACT
FORM No. 1
FORM OF CONVEYANCE IN FEE BY BARGAIN AND SALE
Transfer of Real Property
said A.B., doth grant, bargain and sell unto the said C.D., his heirs and assigns, all [here describe the parcels or lands or houses sold, their situation, the extent of the lands in acres by admeasurement or estimation, their boundaries, with a particular reference to the number and section of the land in the maps of the SurveyorGeneral's Office] and all easements, rights, privileges and appurtenances to the said hereditaments hereby bargained and sold in anywise appertaining; and all the right, title and interest of him the said A.B. in the said hereditaments, with the appurtenances; and all deeds and writings relating solely to the said hereditaments, now in the possession or power of the said A.B., to have and to hold the said hereditaments hereby bargained and sold, with the appurtenances, to the said C.D., his heirs and assigns for ever. And the said A.B. doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree, with and to the said C.D., his heirs and assigns, that he the said A.B. now hath in himself good right to bargain and sell the said hereditaments, hereby bargained and sold, with the appurtenances, unto the said A.B., and his heirs and assigns, in manner aforesaid, and that free from all claims, charges and incumbrances whatsoever. And moreover, that he the said A.B., his heirs or assigns, shall and will make and perfect all such further assurances as may be necessary for the more effectually or satisfactorily conveying the said hereditaments, hereby bargained and sold, with the appurtenances, unto the said (Purchaser), his heirs or assigns, as by the said (Purchaser), his heirs or assigns, or his or their counsel in the law, shall be devised or tendered to be executed : In witness whereof the said parties have hereunto set their hands and seals the day and year first above written.
Signed, sealed and delivered by the above-named E.F.
FORM No. 2
FORM OF MORTGAGE BY DEPOSIT OF TITLE DEEDS, ACCOMPANIED BY A WRITTEN AGREEMENT, CONTAINING A POWER OF SALE
Memorandum of an agreement made the day of between (Mortgagor) of the one part and (Mortgagee) of the other part. The said (Mortgagor) for himself, his heirs, executors and administrators, in consideration of the sum of this day lent and advanced to him by the said (Mortgagee), hereby agrees to deposit with the said (Mortgagee) the title deeds and writings mentioned in the Schedule hereunder written of certain lands and hereditaments of the said (Mortgagor), situate at by way of mortgage of the same hereditaments to secure the repayment of the said sum of on or before the day of next, together with interest thereon in the meantime after the rate of for every one hundred pounds by the year, such interest to be paid half-yearly on the day of and the day of in each and every year. And in case default shall be made in payment of the said principal sum of on the said day of or of any of the said half-yearly instalments of interest, on days herein before appointed for payment of the same (or, in case the interest payable on the said principal sum of , after the rate aforesaid, shall be in arrear and unpaid for the space of twelve months, as the agreement may be), in either of the said cases shall be lawful for the said (Mortgagee), without any further consent or concurrence of the said (Mortgagor), to sell the said hereditaments by public auction (of which days' public notice shall be duly given), and to convey and assure the same hereditaments, when so sold, unto the purchaser or purchasers thereof, in the same manner as if the fee simple of such hereditaments had been vested in the said (Mortgagee) by a bargain and sale or other instrument of transfer, and by and out of the proceeds of sale to repay and satisfy himself the expenses of such sale and the said principal sum of and all arres of interest thereon (or, to repay and satisfy himself so much of such principar money and interest as shall then remain due), and to pay over the
Governor may order standing weights and measures to be kept
Keepers of standard weights, &c. to produce the same for inspection; and to demand a fee of sixpence for every weight or
Keepers of standard weights, &c., refusing or neglecting to deliver
Transfer of Real Property
surplus of such proceeds to the said (Mortgagor), his heirs or assigns. In witness whereof the said parties have hereunto set their hands the day and year first above written.
To be subjoined to the above-written agreement, containing a list of title deeds and writings deposited in pursuance thereof; a receipt to be taken by the Mortgagor from the Mortgagee of the title deeds or writings received by the latter.
GUL. IV. REGIS
An Act for the Regulation of Weights and Measures. [Assented to 19th March, 1833.
HEREAS there is reason to believe that deficient weights and measures have been frequently and fraudulently used throughout the Colony of Western Australia to the great injury of the public; in order therefore to prevent such pernicious and fraudulent practices: Be it enacted by His Honour the Lieutenant-Governor of Western Australia and its Dependencies, with the advice of the Legislative Council, that it shall be lawful for the Governor or other officer for the time being administering the Government of the said Colony by any order or orders to be by him from time to time made and published in the Government Gazette,' to appoint certain places and persons, in which and with whom respectively, shall be deposited complete sets of standard weights and measures, to be procured and authenticated in such manner as by any such order shall be directed.
2. And be it further enacted that the persons so appointed as aforesaid to be keepers of standard weights and measures, shall produce the same at the place in which the same shall be directed to be deposited as aforesaid, to any person or persons demanding an inspection thereof at any reasonable hour or time for the purpose of comparing the same with any other weights or measures; and that it shall be lawful for such keepers to demand and receive a fee of sixpence for each and every weight or measure so compared.
3. And be it further enacted that if any such keeper of standard weights and measures as aforesaid shall refuse or neglect to deliver, with all reasonable despatch, the weights and measures in his custody or any of them, to any person to whom such keeper shall be directed to deliver the same by the written order of any Justice of the Peace
Weights and Measures
for the said Colony, or shall refuse or neglect to exhibit such weights or measures to any person demanding a comparison thereof at any reasonable hour, and tendering therefor the lawful fee herein before made payable for such comparison, or shall neglect or refuse to exhibit such weights and measures without fee to any such Justice demanding an inspection thereof; then, and in any of the said cases, every such keeper for every such offence shall upon conviction forfeit and pay a sum not exceeding forty shillings.
4. And be it further enacted that if any person entrusted either with the temporary or permanent custody of any standard weights or measures, provided in pursuance of this Act, shall lose, destroy or injure the same or any of the same, and shall refuse or neglect to repair or replace the same within ten days next after being required so to do, by the written order of any Justice of the Peace for the said Colony, it shall be lawful for the Justice making such order, to levy and raise by distress and sale of the goods and chattels of the person so neglecting or refusing as last aforesaid, a sum sufficient to replace or repair the weights or measures so destroyed or injured, together with the costs and charges of making such distress and sale; and such Justice shall cause the said sum to be forthwith paid over to the Colonial Treasurer to the use of His Majesty, his heirs and successors.
5. And be it further enacted that it shall be lawful for the said Governor or other officer administering the Government of the said Colony to appoint at any time after the first day of May next by warrant under his hand and seal any number of fit and proper persons who shall have power individually to examine all weights, balances and measures within the said Colony, in manner hereinafter provided; and that it shall be lawful for such examiners, and they are hereby required (having been first sworn by some Justice of the Peace for the said Colony, duly and faithfully to execute the office in them reposed by such appointment and by this Act), as often as any such Justice shall direct in writing, to enter in the day time into any mill or any shop, store-house or out-house, where any kind of goods or wares, dry or liquid, are or shall be usually sold; and then and there to search for, view and examine all weights, balances and measures, and to seize any weights or measures there found, not being according to such standard, or any false balance there found, and to detain the same; and such examiners shall forthwith lay information of any such finding before some Justice of the Peace; and the person or persons in whose shop, store-house or out-house or apparent ownership any deficient weight or measure or false balance shall be so found, shall upon conviction thereof forfeit all such deficient weights or measures or false balances; and shall also forfeit and pay for every such deficient weight or measure or false balance, any sum not exceeding five pounds, and also all costs and charges of such conviction.
Keepers or others losing or injurmeasures to the same
weights or replace or repair
Governor to appoint examiand measures
ners of weights
Such examiners to search for and measures See 18 Vic.,
No. 18, s. 3
May seize and
deficient weights, &c.
6. And be it further enacted that if any person shall wilfully Persons guilty of obstruct, hinder, resist, or in any wise oppose any such examiner as examiners aforesaid in the execution of his office, or if any person selling or retailing by weight or measure shall refuse to produce his or her weights, measures or balances when required so to do by any such examiner as aforesaid, every such person being thereof convicted, shall forfeit and pay for every such offence any sum not exceeding twenty pounds.
See 18 Vic.,
No. 18, s. 2