New South Wales Consolidated Acts

TRANSFER OF RECORDS ACT 1923 - SECT 2

2 Transfer of records from Supreme Court to Registrar General’s office

(1) Upon the date of the commencement of this Act all instruments of whatsoever kind:

(a) theretofore registered, enrolled, recorded, filed or deposited in the Supreme Court under or in pursuance of the provisions of any of the Acts mentioned in the First or Second Schedule hereto or of any other Act, or of any law at any time in force in this State, and

(b) which shall then remain or be in the Supreme Court, and

(c) which do not relate in any way to the business of the Supreme Court or any action, suit or proceeding in such court,

and all indexes, books, documents and writings relating exclusively to such instruments or any of them shall, save as in the next succeeding section provided, be transferred to the office of the Registrar General in Sydney, and the Registrar General shall take possession of the same.

(2) The said instruments shall thereupon and thenceforth continue to have the same force and effect respectively to all intents as they respectively would have had if they had remained in the Supreme Court and this Act had not been passed.

(3) Upon and from the same date all instruments of what nature soever which are now required by any of the Acts mentioned in the Second Schedule hereto or any other Act to be registered, enrolled, recorded, filed, or deposited in the Supreme Court, and which do not relate exclusively to the business of the Supreme Court or any suit or proceeding in such court shall be registered, enrolled, recorded, filed, or deposited in the office of the Registrar General in the same manner and form as is required by such Act, and all such lastmentioned registrations, enrolments, records, filings, and deposits shall be in all respects as valid and have the same effect respectively to all intents and purposes as if the same had been made, done, had, taken, or performed in the Supreme Court and this Act had not been passed.

(4) Upon and from the same date all the duties now by law imposed upon and all the powers and authorities then vested in the Prothonotary or any other officer of the Supreme Court in relation to the matters referred to in the last preceding subsection shall be transferred to and imposed upon and vested in the Registrar General, and such fees may be taken by him for performing the said duties as may now by law be taken for the performance thereof, or as may be prescribed under the Conveyancing Act 1919 .

(5) In this section the expression "Supreme Court" includes the office of the Master in Equity or of any other officer of the said court.