8Non-application of Act to certain transactions

#### 8 Non-application of Act to certain transactions 8 Non-application of Act to certain transactions (cf Act No 48, 1930, s 31) > This Part of this Act shall not apply to— > > > (a) a mortgage, or an agreement for the sale and purchase of land, or a lease containing an optional or compulsory purchasing clause which was executed between the nineteenth day of December, one thousand nine hundred and thirty, and the first day of October, one thousand nine hundred and thirty-one (both inclusive), if the mortgage, agreement, or lease contains a covenant or condition expressly excluding the provisions of the [Moratorium Act 1930](/view/pdf/asmade/act-1930-48), and such covenant or condition has not been declared void in pursuance of subsection three of section thirteen of the Moratorium Act 1930–1931, > > > (b) a mortgage or an agreement for the sale and purchase of land, or a lease containing an optional or compulsory purchasing clause which was executed between the second day of October, one thousand nine hundred and thirty-one, and the day prior to the date of commencement of this Act (both inclusive), if such mortgage, agreement, or lease contains a covenant or condition expressly excluding the provisions of the Moratorium Act 1930–1931, and has been witnessed and certified in the manner required by section ten of the said Act, > > > (c) a mortgage or an agreement for the sale and purchase of land, whether executed before or after the commencement of the [Moratorium Act 1930](/view/pdf/asmade/act-1930-48), and subsequently varied after the commencement of the said Act and before the commencement of this Act by a memorandum executed before the commencement of this Act, if such memorandum contains a condition or covenant expressly excluding the provisions of the Moratorium Act then in force, and if such memorandum was executed with such formalities, if any, as were required by the Moratorium Act, in force at the date of execution of the memorandum, > > > (d) a mortgage executed on or after the date of commencement of this Act, if such mortgage contains a condition or covenant expressly excluding the provisions of this act, > > > (e) a guarantee whether executed before or after the commencement of this Act if such guarantee contains a covenant or condition excluding the provisions of this Act or of any enactment hereby repealed, > > > (f) any mortgage, whether executed before or after the commencement of this Act, which is extended or otherwise varied by an instrument executed after such commencement if such instrument contains a condition or covenant expressly excluding the provisions of this Act in relation to such mortgage, > > > (g) any mortgage, whether executed before or after the commencement of this Act, which secures the performance by a guarantor of his obligations under a contract of guarantee made after the commencement of this Act if such contract of guarantee contains a condition or covenant expressly excluding the provisions of this Act in respect of such mortgage, > > > (h) any mortgage executed before the commencement of this Act whereby further advances or further credits are secured as regards advances made or credits provided or given after the commencement of this Act, > > > (i) any agreement for the sale and purchase of land or lease executed on or after the date of commencement of this Act, > > > (j) any lease containing an optional purchasing clause, if the court or the Minister upon application in that behalf under any Act hereby repealed has made a declaration that the lessee had no bona fide intention of exercising the option to purchase, > > > (k) any agreement for the sale and purchase of leasehold interests in land with or without other personal estate, whether such agreement was entered into before or after the twenty-sixth day of November, one thousand nine hundred and thirty; but this provision shall not extend so as to exclude from the provisions of this Part of this Act agreements for the sale and purchase of land partly freehold and partly leasehold, or of a holding consisting of any leasehold held under any Act relating to the alienation of Crown lands or lands subject to the right of conversion into freehold, > > > (l) any lease of land containing an optional purchasing clause by the terms of which the last date for the exercise of the option is a date later than the thirty-first day of December, one thousand nine hundred and thirty-two.