No. XXII.
An Act for register ing Deeds and Conveyances in New South Wales and for other purposes.
[16th November, 1825.]
| WH E R E A S | P r o p e r t y | t h a n | t h e | prevent ion | of | secret and f raudulent | Con |
| n o t h i n g t ends more to | increase | t h e | Va lue | of | Rea l |
| veyances | A n d whereas by | a cer tain Proc lamat ion of t h e Governor of |
| N e w Sou th Wales hear ing | date | t h e | e igh teen th | day of J a n u a r y | one |
thousand eight h u n d r e d and seventeen cer ta in Regula t ions were m a d e for t h e regis ter ing of Deeds a n d Conveyances whereby any houses l ands or he red i taments in t h e said Colony m i g h t be affected and t h e Office of t h e J u d g e Advocate was appointed for t h e regis ter ing of such Deeds and Conveyances A n d whereas i t is expedient to confirm t h e said Proc lamat ion to a cer tain ex ten t and to m a k e more effectual
| provision for t h e fu ture Reg i s t r a t ion of | Deeds Conveyances and | o ther |
| I n s t r u m e n t s | in W r i t i n g | affecting | any | lands | t enements | or | heredi ta |
men t s s i tua ted in New Sou th Wales Be i t therefore enacted and ordained by H i s Excel lency Sir Thomas Br i sbane t he Governor of New
| Sou th W a l e s w i th t h e advice of t h e | Counci l— |
| 1. Tha t from and after t h e pass ing of th i s A c t or Ordinance all Deeds Conveyances and other I n s t r u m e n t s | in W r i t i n g | (except | Leases |
| for less t h a n th ree years) of and re la t ing to or in any m a n n e r | affecting |
any lands t enemen t s or o ther he red i t aments s i tua ted ly ing and be ing in N e w Sou th Wales m a y be entered and registered in t h e Office of t h e Supreme Cour t of New South W a l e s in t h e m a n n e r hereinafter directed A n d fur ther t h a t all such Deeds Conveyances a n d o ther I n s t r u m e n t s in W r i t i n g as aforesaid made and executed bond fide and for a valuable considerat ion and registered in pu r suance of t h e said Proc lamat ion or in conformity wi th t h e provisions of th i s A c t or Ordinance shal l have and be allowed pr ior i ty over every o ther Deed
| Conveyance or o ther I n s t r u m e n t | in W r i t i n g t h a t is | t o | say | t h e | Deed |
| Conveyance or | o ther | I n s t r u m e n t | in W r i t i n g | first | registered | in | t h e |
| Office of t h e J u d g e Advocate | (if t h e same shall have been | regis tered |
unde r t h e said Proc lamat ion) or first registered in t h e Office of t h e Supreme Cour t (if t h e same shall be registered in conformity w i t h th i s Ac t or Ordinance) shall have pr ior i ty in respect of all l ands t enemen t s or other he red i taments conveyed or affected by such Deed Conveyance or o ther I n s t r u m e n t in W r i t i n g over every other Deed Conveyance or other I n s t r u m e n t in W r i t i n g whatsoever and howsoever conveying charg ing or affecting t h e same lands t enemen t s or o ther he red i taments A n d the Deed Conveyance or o ther I n s t r u m e n t in
| W r i t i n g nex t registered as aforesaid mutatis | mutandis | shall have |
pr ior i ty over every o ther Deed Conveyance or I n s t r u m e n t in W r i t i n g as aforesaid and so on according to t h e pr ior i ty of t h e t ime of regis t e r ing such Deed Conveyance or I n s t r u m e n t in W r i t i n g as aforesaid.
2. Prov ided always and be i t fur ther enacted a n d ordained
| T h a t no | Deed | Conveyance | or o ther | I n s t r u m e n t | in W r i t i n g | conveying |
or affecting any lands t enemen t s or he red i t ament s in N e w South W a l e s as aforesaid shal l be subject by force of th i s A c t or Ordinance to lose any pr ior i ty to which t h e same m i g h t otherwise be legally en t i t l ed if
| t h e same shal l be regis tered in conformity | wi th | th i s | Ac t | w i th in | t h e |
| respect ive t imes here in nex t l imi ted and appointed t h a t is t o say | any |
| Deed Conveyance | or | o ther | I n s t r u m e n t in W r i t i n g | which shal l | have |
| been already | made a n d executed in New South Wales which shal l be |
| regis tered | wi th in | one | calendar | m o n t h | or | in | Van | D i e m e n ' s | L a n d |
| wi th in | th ree calendar | m o n t h s | or in any o ther pa r t s | of t h e | world |
| with in | e igh teen | calendar | m o n t h s | from | t h e | pass ing | of th i s Ac t 0 1 |
| Ordinance a n d any Deed | Conveyance or o ther I n s t r u m e n t | in | Wr i t i ng |
which shall he hereafter made and executed in N e w Sou th Wales which shal l be regis tered wi th in one calendar m o n t h or in Van Diemen ' s L a n d wi th in two calendar m o n t h s or in other pa r t s of the
| world | wi th in twelve calendar m o n t h s from t h e m a k i n g and | execut ing |
of t h e said Deeds Conveyances and other I n s t r u m e n t s in W r i t i n g respectively shal l have and re ta in such and t h e same pr ior i ty and advantages to which such Deed or I n s t r u m e n t respectively would have been by law ent i t led if th i s Ac t or Ordinance h a d no t been passed B u t if such Deed Conveyance or o ther I n s t r u m e n t in W r i t i n g shal l be regis tered after t h e respect ive t imes l imi ted and appointed as last aforesaid t h e n such Deed Conveyance or I n s t r u m e n t in W r i t i n g as
| aforesaid shal l come unde r t h e foregoing clause of th i s A c t | a n d | shall |
| have a n d be ent i t led to pr ior i ty | only from | t h e t i m e of t h e | regis t ra t ion |
| thereof as aforesaid. |
3 . A n d be i t fur ther enacted and ordained Tha t t h e Office ol
t h e Sup reme Cour t of New South Wales shall be an Office for the reg is t ra t ion of all Deeds Conveyances and other I n s t r u m e n t s in W r i t i n g
| conveying | or | affecting | lands | t e n e m e n t s | or | o ther | he red i t amen t s | in |
N e w South W a l e s a n d shal l be open for such purpose a t t h e usua l hour s for conduct ing t h e ord inary business of t h e said office and shall have so m a n y officers or clerks for car ry ing in to effect t h e provisions of t h i s Act or Ord inance as shal l from t i m e to t ime be requi red and such officers or clerks shal l be appoin ted paid and subject to t h e same regula t ions as o ther officers or clerks of t h e said Court .
| 4 | A n d be i t fur ther | enacted a n d ordained T h a t t h e | regis t ra t ion |
| of | all Deeds Conveyances | and | other | I n s t r u m e n t s | in W r i t i n g | of | or |
| r e la t ing to | any lands | t enemen t s | or | he red i t amen t s | in | N e w | South |
| Wales shal l be m a d e in t h e following m a n n e r t h a t is t o say | a | Memo |
| rial shal l be wr i t t en on p a r c h m e n t | or paper se t t ing for th | t h e | da te | ol |
| such Deed or o ther I n s t r u m e n t | in tended to be regis tered | and | the |
| n a t u r e thereof | t h e names | of all t h e par t ies a n d | all t h e | witnesses |
| t he re to t h e l ands t enemen t s | or he red i t ament s | in tended to be conveyed |
| t h e pecuniary or o ther considerat ion paid in t h e form or to t h e | effect |
| men t ioned in t h e Schedule here to | annexed | m a r k e d A | or w i th | such |
a l te ra t ions t he re in as t h e n a t u r e and c i rcumstance of any par t icu lar case m a y requi re a n d t h e said Memor ia l shal l be signed by some or one of t h e par t ies to t h e original Deed or I n s t r u m e n t and shal l be
| delivered in to t h e Office of t h e Supreme Cour t of N e w South Wales |
| a n d verified u p o n t h e oa th of some competent person t h a t | such |
| Memor ia l conta ins a j u s t and t r u e account | of | t h e | several | par t icu la rs |
| the re in set forth which oa th shall be made before one | of t h e | J u d g e s |
or t h e Reg i s t r a r of t h e said Cour t and upon t h e delivery and verifica t ion of any such Memor ia l as aforesaid t h e proper officer or clerk appoin ted for such purpose shal l give a receipt for t h e same in which shal l be specified t h e cer ta in day hour and t ime on which the' same shal l have been delivered in to t h e said office and t h e n u m b e r of such
| Memor ia l according as t h e same shall be n u m b e r e d in t h e | said | office. |
5. A n d be i t fur ther enacted and ordained Tha t t h e proper
officer or clerk shal l immedia te ly after t h e delivery of any such
Memor ia l in to t h e said office indorse on t h e back thereof t h e n u m b e r
| thereof a n d t h e cer ta in t ime when t h e same shal l have been | received |
and the n a m e a n d place of abode of t h e witness a t t e s t ing or verifying the same and t h e t ime so indorsed shall be held deemed and t aken to be the t ime of t he regis t ra t ion of every such Deed Conveyance or I n s t r u m e n t in W r i t i n g whereof such Memor ia l shall be made as afore said and every such Memor ia l so delivered in shall be numbered successively according to t he order of t ime in which t h e same shall
have
have been delivered a n d shall immedia te ly be en te red according to such n u m b e r a n d order of t ime in some par t icu lar book which which shall be provided and kept for such purpose in t he said office and every such book shall be open at all convenient t imes to the inspection of all such persons as m a y be desirous of searching t h e same.
| 6. A n d be i t fur ther enacted a n d ordained Tha t if any | officer |
or clerk in the Office of t he said Supreme Cour t shall neglect or omit to n u m b e r a n d enter in m a n n e r a n d form here in directed any such Memo r ia l so delivered in to t h e said office as aforesaid or shall m a k e a n erro neous en t ry thereof he shal l for every such neglect omission or e r roneous en t ry forfeit the s u m of F i v e P o u n d s to H i s Majesty H i s H e i r s a n d Successors and shall be fur ther l iable in damages to the pa r ty according to t he ex ten t of t he injury the reby sus ta ined a n d if any such officer clerk or other person shal l wilfully embezzle raze al ter forge or coun terfeit any such Memor ia l or indorsement m a d e thereon as aforesaid wi th in t en t to injure or defraud any other person or persons such officer clerk or other person shal l be deemed gui l ty of felony and be ing duly convicted thereof shall incur and suffer such and the l ike pa ins and penal t ies in t h e law as persons convicted of forging or counterfei t ing
| any Deed or "Will a re now subject to by any Act of | Pa r l i amen t . |
7. A n d be i t fur ther enacted and ordained Tha t it shal l be lawful for any person res id ing in N e w South "Wales to deposit in t h e Office of t h e said Supreme Cour t h i s or her last W i l l a n d Tes t amen t u n d e r an envelope or cover sealed wi th t he seal of such person a n d t h e same shall be indorsed wi th such person 's n a m e and shal l r ema in in t h e said office in t h e custody of t h e Reg i s t r a r of t h e said Cour t un t i l t h e decease of t he tes ta tor (unless previously requ i red to be g iven u p b y such tes ta tor and upon t h e dea th of such person t h e
| Reg i s t r a r shal l examine the same and deliver i t to t h e executor | first |
n a m e d the re in or o ther person lawfully ent i t led there to or in case of doubt to such person or persons as t h e Chief Jus t i ce of t h e said Cour t
| shal l | upon s u m m a r y | pe t i t ion order | a n d | direct. |
8. A n d whereas fines wi th Proc lamat ions cannot be conve n ien t ly levied nor common recoveries suffered in th i s Colony A n d whereas by a cer ta in o ther Proc lamat ion of t h e Governor of N e w South W a l e s bea r ing date t he s ix th day of M a r c h in t h e year of our Lord
| one thousand e ight h u n d r e d | and n ine teen | cer tain regula t ions were | m a d e |
| for ba r r ing t h e r igh t and | t i t le of mar r i ed women | to dower | and | other |
| es ta tes of freehold | A n d whereas i t is expedient t h a t t h e said | last |
| ment ioned Proc lamat ion so far as respects t h e al ienat ion of any such |
| r i g h t or t i t l e bond fide m a d e i n conformity t he rewi th | should | be | con |
| firmed and t h a t t h e w a n t of fines a n d recoveries should be | effectually |
| suppl ied b y m a k i n g | o the r | Conveyances | a t t ended | w i t h | t h e | par t i cu la r |
| forms hereinafter men t ioned equiva lent there to Be i t therefore | fur ther |
| enacted a n d ordained t h a t | every Deed Conveyance or other | I n s t r u m e n t |
| in W r i t i n g m a d e a n d | executed by any feme covert or mar r ied | w o m a n |
| of a n d concerning any lands t enemen t s | or hered i taments s i tua ted | in |
N e w South W a l e s and acknowledged in t h e form and m a n n e r appointed and directed by t h e said las t ment ioned Proc lamat ion of t h e Governor shal l be a n d be t a k e n to have been valid and effectual to pass a n d convey all t h e r i g h t t i t le and in teres t of such feme covert or mar r i ed
| woman to and in all such lands t enemen t s or hered i taments | in tended |
| to be al ienated and conveyed by such Deed or other I n s t r u m e n t | A n d |
| fur ther t h a t any Deed or Deeds in due form of law made and | executed |
b y any pa r ty or par t ies from w h o m any esta te r igh t t i t le or in te res t in any lands t enements or he red i t aments s i tuated in New South Wales is or m a y be in tended to pass a n d acknowledged by such p a r t y or par t ies in t he m a n n e r hereinafter ment ioned t h a t is to say if such Deed or Deeds shal l be made and executed in New South W a l e s and shall be
acknowledged
acknowledged before one of t h e J u d g e s of t h e Supreme Cour t of New South W a l e s or some person duly author ised for such purpose as here inafter provided or if made and executed in Van Diemen ' s L a n d shall be acknowledged before of t he J u d g e s of t h e Supreme Cour t of V a n Diemen ' s L a n d or if made and executed in Great Br i t a in or I r e l and shall be acknowledged before any Mayor or other Chief Mag i s t r a t e of t h e city borough or town corporate where or near to which the per son or persons m a k i n g such acknowledgment shall reside such Deed or Deeds so acknowledged shall be as valid and effectual in t he law to pass all t he estate r i gh t t i t le in teres t and claim of t h e respective par t ies to such Deed or Deeds in or to all and every such lands tene men t s or hered i taments as aforesaid in such Deed or Deeds ment ioned and in tended to be conveyed and to transfer and convey the same to t he grantee or grantees bargainee or bargainees or other person or persons in such Deed or Deeds ment ioned the i r heirs and assigns for ever according to t he several estates and interests in and by such Deed or Deeds con veyed and l imited as if a fine or fines wi th Proc lamat ions h a d been levied or a common recovery or recoveries h a d been suffered of such lands t enements or hered i taments or as if such lands t enements or hered i taments in tended to be conveyed h a d been conveyed by the firmest and mos t regular deeds conveyances and assurances in t he law Pro vided always and be i t fur ther enacted and ordained t h a t in case any mar r ied woman m a y be p a r t y to any such Deed or Deeds as last afore said such mar r ied woman shal l be a t t he t ime of t he execut ion thereof of t h e full age of twenty-one years and shall be examined pr ivate ly a n d apa r t from her husband by the J u d g e or other person before whom such acknowledgement shall be made as aforesaid and shall confess t h a t she did execute t he same freely voluntar i ly and wi thou t t h e fear menace or coercion of he r h u s b a n d Provided also t h a t every such acknowledgment and confession as aforesaid shall be certified unde r t he common seal of such city borough or town corporate or seal of office of the J u d g e or other person before whom t h e same shall be made as aforesaid and such certificate shall be indorsed or affixed to such Deed or Deeds as last aforesaid and shall be deemed and t aken as sufficient proof of every such acknowledgment or confession as afore said.
| 9. Provided always and be i t fur ther enacted and ordained Tha t in case i t shall be m a d e to appear to t h e satisfaction | of one of |
| t he J u d g e s of t h e Supreme; Cour t | of New South Wales | t h a t any one |
| or more of the par t ies to any such Deed or Deeds as last aforesaid residing in New South Wales shall be desirous of acknowledging the | same b u t shall no t be able by reason of distance or bodily infirmity |
| to a t t end such J u d g e in person i t shall be lawful for such J u d g e and he is hereby required by a commission unde r his h a n d and seal to au thor i se and empower some fit and proper person to t ake and receive t he acknowledgment of such pa r ty or par t ies or t he confession of any mar r ied woman as to her vo lun ta ry execut ion thereof in m a n n e r as aforesaid and t h e same shall be certified unde r t he h a n d and seal of such person and indorsed or affixed to such Deed or Deeds as herein before directed and shall be of t he l ike force and effect as if such acknowledgment or confession had been made before any J u d g e of t he |
| |
| 10. Provided always and be i t further enacted and ordained Tha t a Memoria l of every such Deed or Deeds as last aforesaid shall be made and registered in t he office of the Supreme Cour t in t he m a n n e r and form hereinbefore directed and pointed out . |
1 1 . A n d be i t fur ther enacted Tha t t he fees appointed in the
Schedule hereto annexed marked B shall be paid for and in respect of t he several ma t te r s and th ings to be performed and done under th is
Act
Act and no other or h igher fees and t h a t a t r u e and regular account of all such fees shall be kep t in t he said office of t he Supreme Cour t and shall be pa id over by t h e Reg i s t r a r to t h e publ ic Treasury and accounted for and applied in l ike m a n n e r as all t h e fees received in t he said office now are or hereafter may be .
12. A n d be i t fur ther enacted and ordained T h a t t h e Chief
Ju s t i ce of t he Supreme Cour t for t h e t imeb-e ing shall a n d he is hereby
author ised and requi red to m a k e such rules a n d orders for faci l i ta t ing
| t h e Reg is t ra t ion | of | any | I n s t r u m e n t | u n d e r | th i s A c t | and the means | of |
reference the re to as m a y from t ime to t i m e become necessary a n d to cause as soon as convenient ly may be after t he pass ing of th i s Act or Ord inance regular Indexes to be m a d e to all Deeds Memoria ls Wi l l s a n d J u d g m e n t s already regis tered recorded or r emain ing in t he said
| office | a n d | also of all | such | Wi l l s J u d g m e n t s Recognizances or o ther |
| I n s t r u m e n t s | as m a y hereafter | be regis tered or recorded | whereby | any |
| houses l ands | or | o ther he red i t amen t s | in N e w | South | W a l e s may | be |
charged affected or incumbered in any m a n n e r howsoever.
| Date of | Nature of | Names of | Names of | the Lands or | Consideration | Particulars |
| Instrument. | Instrument. | the Parties. | the AVitnesses. | Property con | and how paid. | that the Case |