Deeds Registries Amendment Act 15 of 1953

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15 of 1953

Deeds Registries Amendment Act, 1953 (No. 15 of 1953)

Act

to amend the Deeds Registries Act, 1937.

(English text signed by the Governor-General.)
(Assented to 30th July, 1953.)

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

Amendment of section 17 of Act 47 of 1937.

1. Section seventeen of the Deeds Registries Act, 1937 (hereafter referred to as the principal Act), is hereby amended by the insertion in sub-section (I) after the word "thereof" of the words "or in the Territory of South-West Africa".

Substitution of section 62 or Act 47 or 1937.

2. (1) The following section is hereby substituted for section sixty-two of the principal Act:

" Where notarial bond is to be registered.

62. (1) Save as provided in sub-sections (3) and (4), every notarial bond shall be registered in the deeds registry for the area in which the debtor resides and carries on business, or if he resides and carries on business in areas served by different deeds registries, in the deeds registry for the area in which he resides and in every deeds registry serving any area in which he carries on business.

(2) Registration of a notarial bond in accordance with the provisions of sub-section (1) shall be effective as registration for the whole Union.

(3) Registration of a notarial bond in the deeds registry for any area in which the debtor resides or carries on business shall be effective for such area.

(4) Registration of a notarial bond executed by a company incorporated with limited liability shall, if the bond is registered in the deeds registry for the area in which the registered office of the company is situated at the date of the registration of such bond, be effective as registration for the whole of the Union.

(5) A notarial bond which is required to be registered in more than one deeds registry shall be registered in tho first registry within the period prescribed by sub-section (1) of section sixty-one, in the second registry within an additional period of one month and in each successive registry within a further period of one month.

(6) The provisions of sub-section (2) of section sixty-one shall apply in respect of the registration in the first registry. For the purpose of registration in the other regi.>tries it shall be sufficient if the original bond registered in the first registry is produced together with a further duplicate or grosse or a copy thereof certified by a notary public for filing in the registry concerned.".

(2) Sub-section (1) shall be deemed to have come into operation on the first day of September, 1937.

Amendment of section 87 of Act 47 or 1937.

3. (1) Section eighty-seven of the principal Act is hereby amended by the addition of the following sub-section at the end thereof:

" (6) For the purposes of this section 'Union' shall include the Territory of South-West Africa. ".

(2) The provisions of sub-sections (1) and (5) of section eighty-seven of the principal Act as extended by sub-section (1) hereof shall be deemed to have come into operation on the first day of February, 1920.