Carnarvon Outer Commonage Settlement Act Amendment Act 16 of 1920

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16 of 1920

Carnarvon Outer Commonage Settlement Act Amendment Act, 1920 [No. 16 of 1920]

Act

to provide for the registration against titles to opstallen at Carnarvon of mortgage bonds at present hypothecating the grazing rights originally attached to the village erven.

Be it enacted by the King's Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows :-

Repeal of section twelve of Act No. 19 of 1913, and substitution of new provisions.

1. Section twelve of the Carnarvon Outer Commonage Settlement Act, 1913 (Act No. 19 of 1913), is hereby repealed and the following provisions substituted therefor :-

12. (1) If any erf, or portion of an erf, or share in any erf, in the village to which grazing rights attach, has been hypothecated under any mortgage bond, and such bond is still of force and effect, no title to an opstal shall be registered or issued in respect thereof unless the bond is produced for cancellation or the legal holder thereof consents to the release from the operation thereof of the grazing rights or consents to the title being issued subject to the substitution of the opstal for the grazing rights hypothecated by the bond.

(2) When registering the title to the opstal the registrar shall -

(a) make in the appropriate register an entry setting forth that the opstal is substituted in terms of this section for the grazing rights formerly attaching to the erf, or a portion thereof, or share therein, as the case may be ;

(b) endorse upon the bond the fact of such substitution having been made ;

(c) endorse upon the title of the opstal the fact that the opstal is hypothecated and the date and amount of the mortgage bond;

(d) endorse upon the deed of transfer or title deed by which the grazing rights, for which the opstal is to be substituted, is held, the fact that a title to the said opstal has been issued in substitution of such rights.

(3) As soon as such entry and endorsements are completed, the opstal shall be deemed fully and effectually hypothecated as from the date of execution of the title to the opstal.

2. This Act may be cited for all purposes as the Carnarvon Outer Commonage Settlement Act Amendment Act, 1920.

Commencement

5 July 1920

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