Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 77

77 .         Procedure when person summoned etc. under s. 76

                Upon the appearance before the court or a judge of any person summoned or brought up by virtue of a warrant under section 76(1) or (2) it shall be lawful for the court or judge to examine such person upon oath and (in case the same shall seem proper) to order such person to deliver up such duplicate certificate of title or instrument as aforesaid; and upon refusal or neglect by such person to deliver up the same pursuant to such order to commit such person to gaol until such duplicate certificate or instrument shall be delivered up; and in such case or in case such person cannot be found so that a requisition and summons may be served upon him under section 76(1) or (2) —

            (a)         the Commissioner may (if the circumstances of the case require it and subject to paragraph (b)) direct the Registrar to issue to the proprietor of the land; or

            (b)         the court or a judge may, upon the application of the Registrar or any other interested person, order the Registrar to issue to such person as the court or judge directs,

                such duplicate certificate of title as can be issued in the case of any duplicate certificate of title being lost or destroyed and the Registrar shall enter in the Register on the relevant certificate of title notice of the issuing of such duplicate certificate and the circumstances under which the same was issued and thereupon the duplicate certificate so refused or neglected to be delivered up as aforesaid shall be deemed for all purposes to be null and void.

        [Section 77 amended: No. 81 of 1996 s. 50.]



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