Conveyancing Act 1843 (SA)

ANNO SEXTO ET ,SEPTIMO

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A N 0 RDINA NCE to Facilitate Comveyancer of Real %. , i ;, j

Estate.

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WHEREAS great inconvenience and expense is incurred by an

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adherence in Deeds of Conveyance to the forms in use in England

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and it is expedient to facilitate Conveyances :

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BE 1T T ~ ~ E R E F D I I E ENACTED DY IIISEXCELENCY n I E GOVERNOR

uf South Australia with the advice and consent of the Legisla-

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tive Council thereof That from and after the commencement Land reyed by. simple

llereof it slmll not be necessary in the Conveynrice of any h	,l D,,, .	,
lands tenements or hereditaments in this Province to have separatc Dcoda of barpin' and.mle for n yew and release ss
hath bcen l~itl~erto uactnl in conformity with the practice

,of England but every Conveyance of Land by the words bargain sell and release either alone or together with other words of .conveyance or assurance not repugnant thereto cun-

taincd

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. tained in bile b e e d of Conveyance duly executed according to 111,

Law shall pass and vest the freehold or inheritance (as the car	Q? ink
may be) of the lands tenements and hereditaments tlierci~r	bc in q
specified as fully and effectually as if such lands tenement,	tors a;
or hereditaments had been conveyed by separate Deeds of	wlleni

l bargain and sale ' for a year and release and that all uses

and trusts raised or created or intended to be raised or created	c:,";
by such Deed of Conveyance shall be as effectually raised and	tiancs,
created thereby as if such uses and trusts had been expressed	adnri$

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in a Deed of release preceded by a Deed of bargain and sale.

11. And be it further enacted that in any Deed of Contwce

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i n Conve~nnces for of the freehold or inheritance on sale for a valuable c o ? i S @ 6 1

/	ralu~ble consa&ra- 4	C-,
tionT

- lt s l i a h m be necessaFF% ems the usu=Genants RFTIXIF

quiet enjoyment and fuither assurance but unless the contrary shall be expressed in such Deed of Conveyance or there shall be

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dd ,A-	something thcrein inconsistent with the covenants aftermentioned
the same shall be implied against the party conveying and his the If

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;d. L -; .. . ~ - A + heirs executors and administrators. and all persons claiini~lg cu.rnl1

' P 1. under him or them for his and their own acts deeds and cl air$\

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defaults and for the' abts deeds and d e f a u l t s 7 the wile

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--e.. d y - wllereavifeelshall be a conveying party and where the estate

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intended to be conveyed shall have been derived to the conveyi~~p

party by devise or descent or by other means than by purchase 'assi 4

for a valuable consideration then for the acts deeds and defaults	mini 8 b
of the prcdccessors in title of the cotwcying part since and	veyai + witht

, including the last purcllaser for a valuable consi ‘l' cration and 4.

or 0 ,t

,' such covenants shall bc irnplicd as strongly as if cxprcsscd in

execit

such Deed of Conveyance That is to sav : that the convevinr ~ a r t v J U 1 f

vised

i	has at the time of nkking the deed ofdconveynnce good right and
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*	title to convey anc1,assure according to the purport true intent and meaning of the deed and that the same lmeditaments and pro-

, mises with their appurtenances and the rents issues and profits, I thereof may be peaceably and quietly beld received and enjoyed ' according thereto without any eviction or interruption frce and

: clear or by the party conveying his lieirs executors or administra-

: tors kept indemnified from and ngninst all other estates rights titles ' charges or incumbrances and lastly that the party conrcyiiq and

I	'every person rigl~tfully claimiiig tlirouqh under or in trust for him
'or any of his pretlecessors in title inchling the last purchaser for
a valuable consideration will at any time or times at the request

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and costs of the party to whom or for whose use tbc premises nre

conveyed his heirs or assigns do and execute everv such act deed

c4nvcyance or assurance f& more effectually wsuribg the premises

aq shall be reasonably advised and required and as shall be ten-

dered to be done or executed. ., + .

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111. And be it enacted that in every Conveyance d the freehold Cmenanbi@ipl*din' . B.

pr inheritance by way of mortgage tbi? following covenants shalr=o*w*

bb in like manner implied against every Mortgagor his heirs execu-

tors and administrators and for the acts deeds and defaults of the wife when the wife s l d l b e a conveying party except that such n'lort- gagor shall be deemed and held to make such covenants with the Mortgagee abkolutely and not in the qualified manner before men- tioned that is so say: that the said Mortgagor his heirs executors administrators or assigns will pay or cause to be paid unto the Mort- gagee his executors administrators or assigns the mortgage money with interestas expressed in the mortgage deed at the time and in

the manner therem appointed for payment thereof, and also that

the Rlortgagor has good right to assure the hcrcditaments and

pren~ises with their appurtenances in manner there;!; mentioned and that the same may be peaceably and quietly held and enjoyed

and the rents issues and profits thereof taken accorr!ingly without

any eviction interruption or denial whatsoever free and clcar or by the Mortgagor his heirs executors or administrators kept indemni-

fied from or against all other estates rights titles charges and in-

cu.tnbrances/and that the Mortgagor and every person rightfully claiming any cstate right or interest in or to the mortgngcd premi- ses or any part tllcreof shall and will at any time and from time to time at the request of thc Mortgagee his heirs administrators or assigns but at the costs of the Morigagor his heirs executors ad- ministrators or assigns do and execute every such act deed con- vcyarwc or nssural~cc for morc effcctuxlly assuring the premiscs with thcir appurtcnauccs or any pn1.t tllcrcof to thc uscs nforcsnid or olherwiso according to the direction of thc Mortgogce his heirs

viscd :, '. Subject always to the following proviso which shall be im-

executors administrators and assigns 'as shall be required or ad-

plied against thc Mortgagee his heirs executors administrators and assigns in every such mortgage, that is to say, that until default in payment of the mortgage money and the interest thereof at the time ancl in manner aforesaid it shall be lawful for the Mortgagor his heirs or assigns to hold and enjoy and take the rcnts and pro- fits of the premises without interruption or denial from or by the Mortgagee his heirs executors administrators or assigns or any

person or persons rightfully claiming through or under him but no

purcllaser or purchasers under power of sale shall be affected by

this provision.

1V. And be it enacted that in every Conveyance wherein the ($g;~$!.p~J.

party conveying is a Trustee only and not the arty beneficially W,.

interested in thc property C O ~ I V C ~ C ~ in lieu of t K e C~vcnants for	title quiet enjoyment and farther assurance before mentioned
there shall bc implicd a covenant on the part =cl1 Trustcc

that

that he hath nut at any time before the making such deed done or knowingly suffered to be done any act matter or thing whereby br by means whereof the hereditaments expressed to be conveyed can or may be impeached charged encumbered or in any manner prejudicially affected in title estate or otherwise howsoever which

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'4 .	Covenant shall be implied against such Trustee as strongly as if
i ~ '	expressed in the Conveyance.

covcnanbiapsedi. V. And be it enacted that in every assignment of any

Leanea. Lease for years the following covenants shall be implied against

,	- the Assignor and liis heirs executors and administrators and
against all persons claiming under him or them for his and their

(i- 5 own acts deeds and defaults and for the acts deeds and defaults

~ 2 - 3: of the wife when the wife is a conveying party and for the acts

,	deeds and defaults of the person from whom he shall have de- rived his title to such lease other than thc Lessor or than any Assignor to him for a valuable consideration that is to say-That
the Assignor has not done or permitted any act matter or thing whereby the tenements and premises assigned are or may be incum- bered or prejudicially affected and that the recited Lease is avalid

l	and subsisting Lcase and not liable to be defeated by re-entry or ' otherwise and that the Assignor hns good right to assign or other-
wise assure the premises with the appurtenances for the residue of the term in nmmer tllcrcin lncntioned tlccorcling to the true intent of the deed and that it slid1 be lnwfid for the A s s i q g his

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cxccutors and admitlistrat.ors and nssigus tlicilccforth dur~ug the

,	contitluiuwc of the tcrm pcnccably and quictly to hold nnrf clguy
the premises and take tlic rcnts and profits tllcreof subject to the
any evictiotl or denial from or by the Assignor or any person rent covenants and cond i tiolis mcn tionect in tlic Lcnse witl~ou t

L claiming through under or in trust for him free a d clear of orkept

indemnified against all former and othcr estates rights titles

4 .charges and incumbrances created by the Assignor or any person claiming through under or in trust for him and also that he and every such person as aforesaid (except the person for the time

. being entitled to the benefit of the said rellts covenants and contlitions i n rcspect only of such bcncfit) will at any tinw at the rcqucst and costs of tlic Assignee his executors administrators or Assigns make do or execute every socl1 act deed assignmeut or nssurancc for more cffcctoally assuring the prclniscs according to tlio true intent of the deed as by the hssignce his; executors

. or Assigns or their counsel may be reasonably required: Ancl in

, every such nssigmnent the followin covenants shdl be implied

against thc Assignee for Iiituself his 'i ieirs executors admiuistrntors	and Assigns that is to say that hc will thenceforth pay the rmt
and observe and perform the covenants and conditions rcscrvcd

and

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and eontdned in the Lease and will keep indemnified the A s - A < tme-2 ., .	$	+
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sicno; h i s heirs executors and administrators from all actions G A -# 4- a*].. ..

&its and other proceedings and all costs losses damages and 1

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expenses by reason of the non-payment of the rent or the non-	.i	, '.c
observance or non-performance of the covenants,and conditions '
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or any of them or by reason of any matter or thing relating f I:*:$

thereto.	.l	:	f
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VI. And be it enacted that where any such Conveyance is SuchFovenantsmay

made by more parties than one such implied Cmfenants shall be be ration set forth in actions in decla- for

construed to be several and not to bind the aarties iointlv and breach.

in any declaration in a n action for a supposkd breich 2 any	such covenants the covcnant alleged to be broken may be set
forth and it shall be lawful to allege that the party against whom B U C ~ action is brought did so covenant precisely in the same inanner as if such covenant had been expressed in words in such
Deed of Conveyance any Law or practice to the contrary not-
withstanding.

VII. And whereas many Conveyances of lands and heredita- Remedying

1nents haye been heretofore made in this Province by means of in Conreyoncee hi.	therlo made.
Deeds of Feofiinent and Deeds of Release without any accom- ~~anying livery of seisin h a v i n ~ bcen made in the case of such
Conveyances by way of fcoffment and withalt any previous
actual entry or bccd of barpin nnd sale or lease in the case of

such llccds of Rclcnse and it is n ~ ~ ~ r c l ~ e n d e d that great dificulty.

1 will hcrcnfter arise in tllc cstablish~ng n good title to lends and hereditaments so conveycd by either of the mcons aforeanid and

it is therefore deemed expediept.t~ provide against such an evil: ,.

Be it therefore enacted that all Conveyances heretofore made of.

/	lands and hereditaments in this Province for money paid or other valuable consideration given to the conveying party either by
means of Deeds of Feofinent without any accompanying livery
of seisin or by means of Dceds of ilelense without any previous
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Deed of Bargoin and sale or lease sllall be and shall be deemed
as effectual for conveying and assuring the lands or ircreditamcnts
in such Deeds of Feoffment or Relcasc rncntioncd to the party to
whom the same are thereby expressed to be 'conveyed and as-
sured as i f livery of seisin of stlch lands and hereditaments ill the one case and a previous Deed of Bargain and sale or lease thereof in the otl~er had been actually made and executed: Provided
always that nothing herein contnined shall be deemed to relate tb
any landa or hereditaments respecting the title whereto any nc- tion or suit ahall have been commenced before the passing of this
Ordinance. , 3

VIII. And .