AN ACT to facilitate the Execution of Instruments and Powers of Attorney during the Present War.

[Assented to 17th November, 1916.

BB

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 Execution of Instruments Act, Short title. 1916, and shall be read and construed as one with the Transfer of Land Act, 1893.

execution of cer

tain instruments

under the Transfer of Land Act by

2. (1.) Notwithstanding anything in the Transfer of Land Act, Evidence of due 1893, instruments and powers of attorney under the Transfer of Land Act, 1893, signed by any person during any period for which the said person is engaged on war service within the meaning persons on war of this Act and a further period of three months thereafter, service. upon verification to the satisfaction of the Registrar of Titles s. 2. of the signatures thereto, shall although not attested be held to be duly executed.

See Vic. No. 2757,

(2.)

Definition of ''war service.

Extension of Act to certain persons abroad not

actually engaged on war service. Ibid., s. 3.

Retrospective operation.

(2.) For the purposes of this Act, a person shall be deemed 4o be engaged on war service-—

(a) if he is engaged on naval or military service, either
within or outside Western Australia, during the
war in which His Majesty is at present engaged;
(b) if he is engaged on service in any work of any Red
Cross Society or Ambulance Association or any
other body with similar objects in connection with
the said war; or

(c) if in connection with the said war he is a prisoner of
war in the enemy's country or is interned in the
country of a neutral power.

(3.) (a) A statutory declaration by any person who, in the opinion of the Registrar of Titles, is qualified to declare as to the fact that any party to any instrument submitted to the Registrar of Titles for registration under the Transfer of Land Act, 1893. is engaged on war service or was so engaged within the preceding three months, shall be accepted by the Registrar of Titles as sufficient evidence of the fact.

(b) A statutory declaration by the donee of a power of attorney or by any person who, in the opinion of the Registrar of Titles, is qualified to declare as to the fact that the donor is engaged on war service or was so engaged within the preceding three months shall be accepted as sufficient evidence of the fact by the Registrar of Titles and every other person dealing with the donee.

3. The benefit of the privileges conferred by this Act on any person in relation to any period for which he is engaged on war service, and for a period of three months thereafter, shall also extend and apply to any person not engaged on war service in relation to any period during which being absent from Western Australia he is, for any reason connected with the said war, unable to return to Western Australia: and this Act shall have effect in its application to any such person with the necessary modifications.

4. This Act shall have effect as from the fourth day of August, One thousand nine hundred and fourteen.

By Authority: FRED. WM. SIMPSON, Government Printer, Perth.

B

[Assented to 17th November, 1916.]

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 Zoological Gardens Act Amend- Short title. ment Act, 1916, and shall be read as one with the Zoological Gardens Act, 1898, hereinafter referred to as the principal Act.

2. Section five of the principal Act is hereby amended by Amendment of inserting therein, in place of the figures £5,000, the figures Section 5. £6,000.

3.

Amendment of
Section 5.

Borrowed money may be applied to the discharge of a

3. Section five of the principal Act is hereby amended by adding a paragraph as follows:

The mortgagee shall have and may exercise the powers conferred on a mortgagee by "The Transfer of Land Act, 1893;" and on the exercise by the mortgagee of the power of sale, the lands so mortgaged shall be held by the purchaser freed and discharged from the trusts to which the same are for the time being subject.

4. The trustees may apply any moneys raised by way of mortgage to the discharge of the principal moneys and interest previous mortgage. owing by the trustees under any previous mortgage.

Effect of amendments.

5. The amendments made by this Act shall have effect as from the commencement of the principal Act.

By Authority: FRED. WM. SIMPSON, Govern ment Printer, Perth.