Deeds Registration Act 1843 No 19a (NSW)

No. XVI.

An Act to consolidate and amend the Laws re­ lating to the Registrat ion of Deeds and other Ins t ruments in that part of the Colony of New South Wales not comprehending the District

of Por t Phillip. [20th December, 1843.]

WH E R E A S it is expedient to consolidate and amend the L a w s now	in force for r egu la t ing	the reg is t ra t ion of wills and	devises
deeds conveyances	and other	i n s t r u m e n t s affecting real p roper ty	s i tua te

wi th in t h a t p a r t of t he Colony of N e w Sou th W a l e s no t comprehended

within the l imi ts of t h e Dis t r ic t of P o r t Ph i l l ip and for t he regis t ra t ion

of Ac t s of t he Colonial Legis la tu re char te r s of incorpora t ion memoria ls

of publ ic companies and o ther i n s t r u m e n t s in wr i t i ng of and re la t ing

to o ther p roper ty s i tua te wi th in the said pa r t of t h e said Colony and

for t h e regis t ra t ion of cer tain mar r iages b i r ths bap t i sms and bur ia l s which m a y occur or t ake place wi th in t h e said p a r t of t h e said Colony and to establ ish a general Regis t ry Office independent of a n d uncon­ nected w i t h t h e Supreme Cour t of New South W a l e s and whereas for these purposes i t is expedient t h a t cer ta in Laws or Ordinances passed by the Governor and Council of New South Wales should be repealed Be it therefore enacted by H i s Excel lency t h e Governor of N e w South Wales wi th t he advice and consent of t h e Legislat ive Counci l thereof T h a t a certain A c t or Ordinance of t h e Governor and Council of N e w

South W a l e s passed in t h e s ixth year of t h e re ign of H i s la te Majes ty

K i n g George t h e F o u r t h in t i tu led " AN, Act for registering Deeds and Conveyances in New South Wales and for other purposes " and an Act or Ordinance passed in t he fifth year of t h e re ign of H e r present Majesty in t i tu led " An Act to amend the Act for the registration of " Deeds and to provide for the establishment of a separate Registry "for Sydney and Port Phillip respectively " shall from and after t he day on which th i s A c t shal l commence and t ake effect be and t h e same are hereby repealed except in so far as t h e same affect or re la te to t h a t pa r t of the Colony of New South Wales s i tua te wi th in t h e l imits of t he Dis t r ic t of P o r t Phi l l ip Provided t h a t n o t h i n g herein contained shal l affect t he operat ion of any m a t t e r or t h i n g al ready done or com­

of t he Reg i s t r a r Genera l shall be established and kep t in t he City of Sydney for t h e regis t ra t ion of wills and devises deeds conveyances and other assurances affecting real p roper ty s i tuate within t h a t p a r t of t he Colony of New Sou th Wales no t comprehended wi th in t h e l imits of t he Dis t r ic t of P o r t Phi l l ip and for t h e regis t ra t ion of t h e Acts of t h e Colonial

menced u n d e r t h e said reci ted Ac t .

2. A n d be i t enacted Tha t th i s Ac t shal l commence and t ake

effect on and from the first day of J a n u a r y one thousand eight

h u n d r e d and forty-four.

3 . A n d be i t enacted That a publ ic office to be called t h e Office

Colonial	Legis la tu re	char te r s	of	incorpora t ion	memor ia l s	of	publ ic
companies	and	other	i n s t rumen t s	in wr i t i ng of	and	re la t ing	to

proper ty s i tuate wi th in t h e said pa r t of t h e said Colony and for t h e

regis t ra t ion of cer ta in mar r iages b i r ths bap t i sms and bur ia l s which may occur or t ake place wi th in t h e said p a r t of t he said Colony a n d the said office shal l be k e p t open for t he t ransac t ion of t h e business

thereof for no t less t h a n six hour s beg inn ing a t t he h o u r of t en i n

the forenoon on all days t h r o u g h o u t t h e year Sunday Chr i s tmas D a y

and Good F r i d a y excepted.

1. A n d be it enacted Tha t it shal l be lawful for H e r Majesty H e r H e i r s and Successors or for t h e Governor of t he Colony of N e w Sou th W a l e s for t h e t ime be ing subject to t he approbat ion of H e r Majesty from t ime to t ime to appoin t a person to be Reg i s t r a r General of t he said Colony wi th power to per form and execute cer ta in dut ies heretofore performed and executed by t h e Reg i s t r a r of t h e Supreme Cour t of N e w South Wales a n d also such o ther dut ies as m a y by th is Act be in t ha t behalf provided and such person a t any t ime to remove and to appoint ano ther in his stead.

5. A n d be it enacted Tha t every such Reg i s t r a r Genera l shall

before h e enter u p o n the execut ion of t h e said office t a k e before t h e

Chief J u s t i c e or any of t h e J u d g e s of t he said Supreme Cour t the

following oath v iz .—

" I	A B do swear t h a t I will t ru ly and faithfully execute a n d " perform t h e office a n d dut ies t h a t are requi red and directed " by an Ac t of t h e Governor of N e w Sou th Wales w i t h t h e " advice and consent of the Legislat ive Counci l thereof passed " in t h e seventh year of t he r e ign of H e r Majesty Queen " Victor ia in t i tu led ' An Act to consolidate and amend the
" ' Laics relating to the registration of Deeds and other In-
" ' struments in that part of the Colony of New South Wales
" ' not comprehending the District of Port Phillip.' "

6. A n d be i t enacted T h a t in t h e event of t he said Reg i s t r a r

Genera l be ing unab le from sickness or otherwise to a t t end and	perform
t h e dut ies of his said office or in t he event of t he said Reg i s t r a r Genera l be ing absent from Sydney u p o n necessary business such absence being with t h e permission of t h e Governor of t he said Colony for t h e t i m e being i t shall be lawful for t h e Reg i s t r a r General w i th t he approva l of t h e said Governor as aforesaid to appoin t some fit and proper person to act in his s tead and to s ign in his n a m e all such memor ia l s or o ther papers as requ i re his s igna ture and to do and perform all and every	such o ther acts and deeds as apper t a in to and cons t i tu te t h e duties of
such Reg i s t r a r Genera l Prov ided never the less t h a t t h e said Reg i s t r a r
Genera l and his suret ies shall be l iable and answerable for t h e laches neglect or misconduct of such depu ty in t h e same m a n n e r as such Reg i s t r a r Genera l and his suret ies would be liable in case such ac ts or laches or misconduct had been done or suffered by the Reg i s t r a r Genera l
himself.

7. A n d be it enacted Tha t as soon as convenient ly may be after

th i s A c t shall have come in to operat ion t he Reg i s t r a r of t h e Supreme

Cour t and the Reg i s t r a r Genera l appointed unde r th i s Ac t shal l (under

direct ion of t h e J u d g e s or one of t hem) m a k e an inventory in dupli­ ca te of all Crown g ran t s and enro lments thereof and of all deeds conveyances and other i n s t r u m e n t s in wr i t ing affecting any lands or

he red i t aments in th i s Colony and memor ia l s and regis t ra t ions thereof

respectively and m a t t e r s r e la t ing the re to a n d of all Ac ts of t h e Governor a n d Legislat ive Council which were requi red by s ta tu tes passed in t he fourth and n i n t h years respectively of t he re ign of H i s late Majesty K i n g George t he F o u r t h to be enrolled in the Sup reme Cour t of t he said Colony and were for t ha t purpose deposited in t h e

office

office of t h e Regis t ra r of t he Supreme Court and of all char te rs of incorporat ion co-par tnership deeds memoria ls of pub l i c companies

and certificates and regis ters of b i r ths or bap t i sms mar r iages a n d

bur ia l s and of all o ther i n s t rumen t s of w h a t n a t u r e soever a t any t i m e requ i red by any law in force in th is Colony to be regis tered recorded or deposited in t h e office of t h e said Registrar a n d which shall t h e n r ema in or be the re in and shall no t re la te exclusively to t h e business of t he Sup reme Cour t or any suit or proceeding in such Cour t in which said inventory shall be specified par t icu la r ly t he years or volumes or n u m b e r s of each class of t h e said several i n s t r u m e n t s or documents respectively and whe the r t he same appear t o be complete or defective and after t h e m a k i n g of such inventory (of which each dupl icate shall

be signed by one of t h e said par t ies a n d delivered to and kep t by

t h e o the r of them) t he said Reg i s t r a r shall on t he appl icat ion a t his office of t he said Reg i s t r a r Genera l deliver (on a day to be appointed by t h e said J u d g e s or one of t h e m as soon as possible there ­ after) all and s ingular t he records i n s t rumen t s and m a t t e r s afore­ said together wi th al l books and indexes r e l a t ing the re to to the said Reg i s t r a r Genera l who shall t he reupon sign upon the dupl i ­

cate of inventory re ta ined by the Reg i s t r a r of t he Supreme Cour t an

acknowledgment of t he receipt of t he said several i n s t r u m e n t s

documents and m a t t e r s and such acknowledgment and inven to ry shall r emain thereafter in the office of t h e said Reg i s t r a r and shall be a full and complete acqu i t t ance to h i m in respect to t he charge of t he same respectively and t h e said Regis t ra r Genera l shall t he reupon and thencefor th have t h e custody a n d charge thereof and shall deposit and re ta in t he same in his office accordingly and the same records memor ia l s i n s t rumen t s and m a t t e r s shall cont inue to h a v e t h e same force and effect respectively to all i n t en t s as they respectively would have h a d if t hey h a d remained in t he Reg is t ra r ' s Office of t h e Supreme Cour t and th is Ac t had not been passed.

8. A n d be it enacted Tha t from the day on which th is A c t shall commence all g ran t s by H e r Majesty a n d H e r Successors of lands or

o ther he red i t amen t s in th i s Colony m a d e or to be made unde r t he

Grea t Seal of t he Colony and which shal l no t have been t h e n al ready enrolled in t he Sup reme Cour t shall be recorded by en t ry at full l eng th in t h e office of t h e Regis t ra r Genera l in some book or books the re kep t for t h a t purpose and being so recorded shal l for all purposes be of t h e l ike force a n d effect as if t he same h a d been duly enrolled and entered of record in t he said Supreme Cour t and also al l wills

hereafter to be m a d e affecting any lands or he red i t aments in th i s

Colony (not within t he Dis t r ic t of Po r t Phill ip) or so m u c h of any such will as shal l re la te there to shall or m a y be regis tered in t h e office of t he said Reg i s t r a r Genera l by t he devisee or o ther p a r t y c la iming t i t le to or any other r i gh t or in teres t to or in such lands or he red i taments u n d e r such will i n t he same m a n n e r and form as by th is Ac t is directed w i t h respect t o t he regis t ra t ion of deeds a n d all deeds conveyances agreements and o ther i n s t r u m e n t s affecting a n y lands or hered i taments in NEW South Wales (not wi th in the said distr ict) and all certificates and registers of b i r ths or bap t i sms mar r i ages and bur ia ls and all agreements or mor tgages respect ing any lien on wool or charge on or in teres t in sheep or o ther cat t le and all cha r te r s of incorporat ion deeds of co-par tnership memoria ls

of companies and other i n s t r u m e n t s in wr i t ing which said several

deeds i n s t r u m e n t s documents or ma t t e r s or any of t h e m a t t h e t ime of t h e pass ing of th is Ac t were or are requi red by any law in force wi th in th i s Colony to be enrolled recorded registered or deposited respectively by or w i t h t he Reg i s t r a r of t he Supreme Cour t or in his office (and which a t t he t ime of t h e commencement of th is Act shall

not

not have been so enrol led recorded registered or deposited) shall ins tead thereof be enrolled recorded regis tered or deposited (as t he case may require) by or in t h e office of t h e said Reg i s t r a r General and such las t -ment ioned en ro lmen t recording reg is t ra t ion or deposit shall have in all respects t he same effect respectively to all i n t en t s and pur ­ poses as if t he same had been performed by or h a d t a k e n place in t h e office of t he R e g i s t r a r of t he said Supreme Cour t and th i s Ac t had not been passed.

9. A n d be it enacted Tha t all Ac ts passed by t h e Governor of

N e w Sou th W a l e s w i th t h e advice a n d consent of t h e Legislat ive

Counci l thereof d u r i n g t h e present Session of t h e said Council shall be t r ansmi t t ed to and enrolled and recorded in t h e office of t he Regis­ t r a r Genera l a t Sydney a n d all Ac t s to be a t any t ime hereafter passed by the said Governor a n d Council shal l wi th in t en days from t h e day on which t h e same shal l become law be t r ansmi t t ed enrolled a n d recorded in l ike manne r .

10. A n d be i t enacted T h a t from a n d after the day on which

th is Ac t shall commence a n d t ake effect all wills and devises affecting real estates m a d e or to be m a d e and publ ished or full copies of such wills certified by t h e oath of one credible person t a k e n before a J u d g e of t h e Supreme Cour t of N e w South W a l e s or before t he Reg i s t r a r Genera l or his deputy or before any Commissioner appointed by t h e said Cour t for t a k i n g affidavits a n d no t res iding wi th in t e n miles of Sydney and all agreements in wr i t i ng deeds conveyances a n d other i n s t r u m e n t s except leases for less t h a n t h r ee years affecting real pro­

pe r ty s i tuate in t h a t p a r t of t h e Colony of N e w South W a l e s no t

comprehended wi th in t he l imits of t h e Dis t r ic t of P o r t Phi l l ip and all agreements in wr i t ing giving a preferable l ien on wool and memor ia l s of mor tgages of sheep ca t t le or horses m a d e a n d executed

u n d e r an A c t of Council passed in t he present Session of t he Legisla­

t ive Counci l of th i s Colony in t i tu led " An Act to give a preferable " Lien on Wool from season to season and to make Mortgages of Sheep " Cattle and Horses valid without delivery to the Mortgagee " and all char ters of incorpora t ion memor ia l s of publ ic companies and other i n s t r u m e n t s in wr i t i ng of and re la t ing to t he p roper ty s i tua te wi th in

t h e said pa r t of t h e said Colony which may requi re regis t ra t ion and

all certificates and regis ters of cer ta in mar r i ages b i r ths bap t i sms and

bur ia l s which m a y occur or t a k e place wi th in t he said p a r t of t he said Colony which e i ther by law or prac t ice have heretofore been enrolled or regis tered in t he office of t he Reg i s t r a r of t h e Supreme Cour t shal l or m a y after t he pass ing of th i s Ac t be enrolled or registered in t he

office of t h e Reg i s t r a r General .

1 1 . A n d be i t enacted T h a t all deeds and o ther i n s t rumen t s

(wills excepted) affecting any lands or hered i taments or any o ther pro­ pe r ty in t h e said p a r t of t h e Colony of N e w South Wales which shall be executed or m a d e bond fide or for valuable considerat ion and which shal l be duly registered unde r t h e provisions of th i s A c t shall have and take pr ior i ty no t according to the i r respective dates b u t according

to t h e pr ior i ty of t he regis t ra t ion thereof only.

12. A n d be it enacted Tha t when any p a r t y to any i n s t r u m e n t

requi red to be regis tered shall be dead or absen t from t h e Colony a t t h e t ime w h e n the reg is t ra t ion thereof shal l be requ i red to be m a d e i t shal l and m a y be competent for t h e lawful representa t ive or a t to rney of such pa r ty upon appl icat ion to one of t h e J u d g e s of t he Supreme Cour t a t Sydney and upon proof to t h e satisfaction of such J u d g e of t h e fact of the death or absence of such p a r t y and upon the order of such J u d g e to sign t h e a t tes ted copy or memor ia l of such i n s t r u m e n t in t h e n a m e a n d on t h e behalf of t h e p a r t y to such i n s t r u m e n t and such s igning shall be as valid and effectual to all i n t en t s and purposes as if such a t tes ted

copy

copy or memor ia l had been signed by the or iginal pa r ty or par t ies

there to .

13 . A n d whereas from the imperfect m a n n e r in which the

l imi ta t ions conta ined in deeds and conveyances r e l a t ing to real es ta tes

are genera l ly set forth and described in t h e memoria ls or ex t rac t s of

t h e same as heretofore tiled it is expedient t h a t full copies wr i t t en

upon ve l lum or p a r c h m e n t of all deeds conveyances and o the r assu­ rances affecting real estates should be registered and filed in t he office of t he Reg i s t r a r General instead of t he memoria ls or ex t rac t s hereto­ fore required Be i t therefore enacted Tha t from and after t h e day on which th is Ac t shall commence and t ake effect an examined copy at full l eng th signed by some or one of t he par t ies to t h e or iginal deed

or i n s t r u m e n t and certified by the oa th of one credible person such

oa th hav ing been t aken before a J u d g e or before t h e Reg is t ra r Genera l or his deputy or before any Commissioner appoin ted by the said Cour t for t a k i n g affidavits and no t res iding wi th in ten miles of

Sydney of every deed conveyance and	o ther i n s t r u m e n t	affecting	or
re la t ing to real estates	s i tua te wi th in t ha t p a r t of t he	Colony of	New
South Wales not comprehended	wi th in	the l imits of t h e Dis t r ic t	of

Po r t Phi l l ip shall be filed in t he office of t he Reg i s t r a r General of t h e

said Colony a t Sydney in lieu of the memor ia l or ex t rac t heretofore filed and every such certified copy as aforesaid and also every certified copy of any such will as aforesaid shall or lawfully m a y be received and given as secondary evidence in any suit or proceeding.

14. A n d be it enacted Tha t upon the delivery in to t h e Regis t rar

Genera l ' s Office of any such certified copy or memor ia l as aforesaid and the verification of t he same the Regis t ra r Genera l or his deputy shal l g r an t and sign a receipt for such copy or memoria l in which shal l be specified t h e cer tain day and h o u r on which the same shall have been delivered into t h e said office and t h e n a m e and place of abode of t h e witnesses or witness a t t e s t ing or verifying t h e same a n d t h e n u m b e r of such verified copy or memor ia l according as t he same shal l be n u m b e r e d in t he said office and such receipt shall be endorsed or wr i t t en on t h e original i n s t rumen t to which such certified copy or memor ia l shall re la te and shall also be entered on such certified copy or memor ia l and t h e t ime so endorsed shall be held deemed and t a k e n to be t h e t ime of t h e regis t ra t ion of every such deed conveyance; or o ther i n s t r u m e n t in wr i t ing whereof such certified copy or memor ia l shall have been made as aforesaid and every such certified copy or memor ia l so delivered in to t he said office shall be n u m b e r e d successively

delivered and shal l immedia te ly be registered according to such n u m b e r	according to t he order of t ime in which the same shall have been
and order of t i m e in a book or books to be provided and kep t for such purpose in t h e said office a n d every such book shall be open at all convenient t imes to t h e inspection of all such persons as m a y be desirous of searching t h e same.

15. A n d be i t enac ted T h a t from a n d after t h e day on which

th i s Ac t shall commence and t ake effect every such certified copy as aforesaid of any deed conveyance or o ther i n s t r u m e n t affecting real es ta tes and also every such memor ia l of any mor tgage on sheep cat t le or horses which shall be requi red to be registered in t he office of t he said Reg i s t r a r Genera l shal l be wr i t ten or p r in ted or par t ly wr i t t en a n d pa r t l y p r in t ed upon good ve l lum or p a r c h m e n t of t he size of e igh teen inches in l eng th by twelve inches in b read th hav ing an ent i re ly clear m a r g i n or border wi thou t wr i t ing or p r i n t i n g on ei ther side of t h e b r ead th of two inches a long t h e whole l eng th of every such certified copy as aforesaid of any deed conveyance or o ther i n s t rumen t and of every such memor ia l as aforesaid and no such certified copy or memor ia l as aforesaid wr i t t en or p r in ted otherwise t h a n in accordance

wi th

wi th t h e preceding direct ions or hav ing there in any erasures or inter­ l ineat ions shall f rom and after t he day on which th i s Ac t shal l commence a n d t a k e effect be received by t h e said Reg i s t r a r Genera l

in to his office unless such e rasure or in ter l ineat ion shal l be noticed in

t h e m a r g i n opposi te the re to by t h e s igna ture or ini t ia ls of t h e person certifying on oa th to t he t r u t h and correctness of such copy or memor ia l .

16. A n d whereas fines w i th proc lamat ions could not be con­ venien t ly levied no r common recoveries suffered in th i s Colony and whereas by a cer ta in P roc l ama t ion of t h e Governor of N e w South W a l e s bear ing date t h e s ix th day of M a r c h in t h e year of our Lord one t housand eight h u n d r e d a n d n ine teen cer ta in regula t ions were made

for b a r r i n g t h e r igh t a n d t i t le of mar r i ed women to dower and other

he r estates of freehold a n d whereas i t is expedient t h a t t h e said

p roc lamat ion so far as respects t he a l ienat ion of any such r i g h t and

t i t l e bond fide m a d e in conformity the rewi th should be confirmed	and
t h a t t he w a n t of fines and recoveries should be effectually	supplied

b y m a k i n g o ther conveyances a t tended wi th t h e par t i cu la r forms hereinaf ter men t ioned equivalent there to Be i t therefore enacted That every deed conveyance or other i n s t r u m e n t in wr i t ing made a n d exe­ cuted by any mar r i ed woman of and concern ing any lands t enements or he red i t ament s s i tua ted in New Sou th W a l e s and acknowledged in t he

form a n d m a n n e r appoin ted and directed by t h e said proc lamat ion shall

be a n d be t a k e n to be val id a n d effectual to pass a n d convey all t h e r i gh t t i t l e and in teres t of such mar r i ed w o m a n to and in all such lands t e n e m e n t s or he red i t aments in tended to be a l ienated a n d conveyed by such deed or o ther i n s t r u m e n t and fur ther t h a t any deed or deeds in due form of law m a d e and executed by any p a r t y or par t ies from whom any esta te r igh t t i t le or interest in any lands t enemen t s or hered i taments

s i tuated in N e w Sou th W a l e s is or m a y be in tended to be passed and

acknowledged by such p a r t y or par t ies in t h e m a n n e r hereinafter men t ioned t h a t is to say if such deed or deeds shall be m a d e and executed in N e w South W a l e s and shal l be acknowledged before one of t h e J u d g e s of t he Supreme Cour t of N e w South W a l e s or before t he Reg i s t r a r Genera l appoin ted u n d e r th i s A c t or his depu ty or before any Commis­ sioner of t h e Supreme Cour t appoin ted unde r th i s Ac t such

Commissioner no t be ing a p a r t y to such i n s t r u m e n t nor hav ing been

employed to p repare t h e same or if m a d e and executed in V a n Diemen 's

L a n d or in N e w Zealand or in South Aus t ra l i a or in W e s t e r n Aus t ra l i a

or in t h e Dis t r ic t of P o r t Ph i l l ip shal l be acknowledged before a

J u d g e of such Colony or Dis t r i c t respect ively or if m a d e and

executed in Grea t Br i t a in or I r e l a n d shal l be acknowledged before any Mayor or other Chief Mag i s t r a t e of t he ci ty bo rough or town corporate where or near to which t h e person or persons m a k i n g such acknow­ ledgment shal l reside such deed or deeds so acknowledged shal l be as valid and effectual in t h e l aw to pass all t h e es ta te r i g h 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 t enemen t s or he red i taments as aforesaid in such deed or deeds ment ioned and in tended to be conveyed a n d to t ransfer and convey the same to t h e g ran tee or gran tees barga inee or bar­ gainees or o ther person or persons in such deed or deeds ment ioned the i r hei rs and assigns for ever according to t h e several estates and in teres ts in and by such deed or deeds conveyed and l imi ted as if a fine or fines w i th p roc lamat ions h a d been levied or a common recovery or recoveries h a d been suffered of such lands t enemen t s or heredi ta­ m e n t s or as if such lands t enemen t s or he red i t aments intended to be conveyed had been conveyed by t h e firmest and most r egu la r deeds conveyances and i n s t r u m e n t s Provided always t h a t in case any

' m a r r i e d w o m a n m a y be a p a r t y to any such deed or deeds as last

aforesaid

aforesaid such mar r i ed woman shall he a t t he t ime of t h e execu t ion thereof of t he full age of twenty-one years and shall be e x a m i n e d p r iva te ly and apa r t from her husband by t h e J u d g e or o ther pe r son before w h o m such acknowledgment shal l be made as aforesaid and shal l confess t h a t she did execute t h e same freely vo lun ta r i ly and w i t h o u 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 h e common seal of such city borough or town corporate or seal of office of t he J u d g e or o ther person before w h o m t h e same shal l be m a d e as aforesaid and such certificate shall be endorsed or affixed to such deed or deeds as last aforesaid and shall be in t h e form or to t h e effect of t he form set forth in t h e Schedule to th i s A c t

annexed marked A and shal l be deemed and t a k e n as sufficient	proof
of every such acknowledgment or confession as aforesaid.

17. A n d be i t enacted Tha t it shal l be lawful for t he J u d g e s of

t h e Supreme Cour t of N e w Sou th Wales or any of t h e m by a commis­ sion u n d e r the i r or his h a n d and seal to author ize and empower cer ta in fit and proper persons to t ake a n d receive the acknowledgment of such p a r t y or par t ies as aforesaid or t h e confession of any mar r ied w o m a n

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 u n d e r t h e h a n d a n d seal of such person and endorsed or wr i t t en upon or affixed to such deed or deeds as herein­ before directed a n d shall be of l ike force and effect as if such acknow­ ledgmen t or confession h a d been m a d e before any J u d g e of t h e said Cour t .

18 . A n d be i t enacted Tha t t h e or iginal i n s t r u m e n t to which

a n y such acknowledgment or certified copy or memor ia l as aforesaid re la tes shall be produced to t he J u d g e or Reg i s t r a r Genera l or o ther person before w h o m t h e same shall be m a d e or verified as aforesaid a n d in case such i n s t r u m e n t shal l appear to have been executed by a n y p a r t y unab le to wr i te t hen such J u d g e or Reg is t ra r Genera l or o ther person shall refuse to complete such acknowledgment or certified copy or memor ia l by certifying t h e same unless t he execut ion by such pa r ty shal l be a t t es ted by some Jus t i ce of t h e Peace or bar r i s te r or a t to rney

or n o t a r y publ ic o ther t h a n t h e p a r t y by w h o m such i n s t r u m e n t shal l

have been prepared whose a t t e s t a t ion shal l conta in a certificate t h a t

t h e contents of such i n s t rumen t were previously explained to t h e p a r t y

so unab l e to wr i te and t h a t t h e n a t u r e	and	effect thereof were at
t h e t i m e of such a t t e s ta t ion	to the best of t h e belief of such J u s t i c e	or

bar r i s te r or a t to rney or no ta ry publ ic unders tood by such pa r ty .

19. A n d be i t enacted T h a t there shal l be paid in respect of t he

several ma t t e r s ment ioned in th is Ac t and in t he Schedule h e r e u n t o annexed m a r k e d B and also for and upon the enro lment of every g ran t of t h e Crown hereafter m a d e and issued the sums or fees respectively set forth in t h e said Schedule which respective sums or fees shall be demanded and t a k e n by t h e Reg i s t r a r Genera l a t Sydney or by his depu ty or o ther person who may be appointed to discharge the dut ies of Reg i s t r a r u p o n receipt by h i m of any such certified copy as aforesaid or memor ia l or g ran t from the Crown for t h e purpose of reg is t ra t ion or enro lment as the case may be and a t r u e and regu la r accoun t of all such fees shall be kep t in t h e said Reg i s t r a r General ' s Office and shall be accounted for and paid over by t h e Reg i s t r a r Genera l to t he Pub l i c Treasury Provided always t h a t t h e sums or fees

hereby m a d e payable on the enro lment of any g ran t from t h e Crown

shal l no t be paid to such Reg i s t r a r Genera l D e p u t y Reg i s t r a r or o ther person as aforesaid h u t t o t h e Colonial Treasurer in Sydney or to such o ther officer as m a y be appointed by H i s Excel lency t h e Governor to deliver such g r a n t u p o n t h e delivery of t h e same to such g ran tee or t o his representa t ives or assigns and all such fees or sums so paid shal l

4 O—VOL. 2. be

be accounted for a n d applied in t h e same m a n n e r as o the r pub l i c monies coming in to the h a n d s of t h e said Colonial Treasurer a re r equ i red to be accounted for and applied.

20.    A n d be it enac ted T h a t in addi t ion to t h e fees made payable

by t h e said Schedule m a r k e d B i t shal l be lawful for every Commis­ sioner appoin ted unde r th i s Ac t except a t Sydney to demand and have for his own use for t he t a k i n g a n d certifying by h i m as aforesaid of every such acknowledgment unde r th i s A c t t h e s u m of five shil l ings a n d for t he t a k i n g of every such verification of any such certified copy or memor ia l as aforesaid t h e s u m of two shil l ings and sixpence.

2 1 . A n d be i t enacted a n d declared Tha t no j u d g m e n t in any

act ion a t law recovered or t o be recovered shall b ind or affect or be deemed to have bound or affected any lands or he red i taments in t h e said Colony Provided always t h a t every wr i t of execut ion or any such j u d g m e n t agains t t h e lands or he red i t amen t s of the person agains t w h o m such j u d g m e n t shall be obta ined w h e n delivered to t he Sheriff of t h e said Colony or to t h e Sheriff of any distr ict thereof as t h e case m a y be shal l affect and be deemed to have b o u n d such lands from t h e t i m e of such delivery thereof in l ike m a n n e r as any wr i t of fieri facias now binds goods and chat te ls .

22. A n d be it enac ted Tha t t h e t e r m i n s t r u m e n t hereinbefore

used shal l for t h e several purposes of th i s A c t be const rued to inc lude

no t only conveyances a n d other deeds b u t also all i n s t r u m e n t s in wr i t i ng whatsoever whereby real or leasehold estates or s tock shal l be affected or shal l be in tended so to be.

23 . A n d be i t enacted T h a t in al l cases where an acknowledge­ m e n t is r equ i red to be certified unde r an official seal t h e seal ac tual ly affixed to any such acknowledgment or to any certificate thereof shall for t h e purposes of th i s Ac t be t a k e n to be t h e official seal of t he officer t a k i n g or cert ifying t h e same and n o evidence to prove t h e con t ra ry shall be admissible in any case ei ther a t L a w or in Equ i ty .

24. A n d be i t enac ted T h a t in every case where t h e produc t ion

of any such certified copy as aforesaid or of any memor ia l shal l be requi red for t he purposes of evidence u n d e r th i s Ac t t he same shal l or may be produced e i ther by t h e said Reg is t ra r Genera l or D e p u t y

R e g i s t r a r or any clerk in t h e office of such Reg i s t r a r appointed by

h i m for t h a t purpose .

25. A n d be it enacted Tha t w i t h respect to every deed of feoff­
m e n t hereaf ter executed of which any such certified copy as aforesaid

shal l be duly deposited in t he office of t h e Reg i s t r a r General in m a n n e r

aforesaid such copy shal l operate as a n d be for all purposes equiva len t

t o l ivery of seisin as to t he lands a n d he red i t ament s comprised in a n d in tended to be conveyed by such deed of feoffment t h e same in all respects as if t he re h a d been l ivery of seisin ac tua l ly m a d e a n d given

of t he same lands a n d he red i t aments	in t h e mos t valid and	effectual
form	and	m a n n e r .

26.    A n d be i t enacted Tha t every deed or i n s t r u m e n t of release

executed after t h e pass ing of th i s Ac t shall be as effectual as if t he releasing par t ies who shall have executed t h e same h a d also executed a lease or barga in and sale for a year for giving effect to such release a l t hough no such lease or ba rga in and sale shall h a v e been executed and t h a t the reci tal or men t ion of a lease or ba rga in a n d sale in a release executed before t h e pass ing of th i s Ac t shal l be conclusive evidence of t h e execution of such lease or ba rga in a n d sale.

27. A n d be i t enacted Tha t if any person shall a t any t i m e

wilfully forswear himself or s ta te a n y t h i n g cont ra ry to t h e t r u t h in

any oath t aken unde r t he au tho r i t y of th i s Ac t he shall be deemed

gui l ty of per jury a n d shal l suffer such pun i shmen t s	as are	or m a y be
provided by law for t h a t cr ime.

28. A n d be i t enac ted Tha t if t h e said R e g i s t r a r Genera l or

any D e p u t y Reg i s t r a r or any clerk or person employed in t h e said

R e g i s t r a r ' s Office shal l wilfully or negl igent ly omit to n u m b e r regis ter

or en te r or t o have n u m b e r e d regis tered or entered in m a n n e r herein­ before directed any deed memor ia l or certificate delivered into t h e said office he t he said Reg i s t r a r Genera l shall for every such offence forfeit and be l iable to pay to H e r Majesty H e r H e i r s and Successors t h e pena l ty of one h u n d r e d pounds a n d be fur ther l iable in damages

to t h e pa r ty injured to t he ex ten t of t h e loss or in jury sus ta ined a n d if

t h e said Reg i s t r a r Genera l or D e p u t y Reg i s t r a r or any clerk or person whatsoever shall destroy embezzle or secrete forge counterfeit raze deface or a l ter any deed or memor ia l or any p a r t thereof or any endorsement made the reon or any en t ry or regis t ry thereof in any book in t he said office wi th i n t e n t to defraud or in jure any person or persons such Reg i s t r a r c lerk or person so offending shall be deemed gui l ty of felony a n d be ing duly convicted thereof shal l be

t r anspo r t ed for life.

29. A n d be it enacted Tha t it shall be t h e du ty of t h e said

Reg i s t r a r Genera l and of his depu ty for the t ime being from t ime to t i m e to m a k e and prescr ibe t he form and size of copies of deeds and memor ia l s a n d o ther i n s t rumen t s to be regis tered in his office so as to facil i tate reference to t h e m and render the i r p rese rva t ion secure and

to m a k e proper indexes to all reg is t ra t ions t h a t (as far as m a y be)

informat ion m a y readi ly be obtained by par t ies in teres ted there in as

to all incumbrances and l iens or i n s t r u m e n t s affecting or in tended to

affect real estate in t he Colony.

30. A n d whereas it is convenient t h a t office copies of t h e deeds

a n d memor ia l s regis tered or to be registered in the said Reg i s t ry Office

should u n d e r cer tain l imi ta t ions be received in evidence Be i t enacted Tha t in all proceedings before any Cour t of Ju s t i ce for all purposes whatsoever an office copy of any deed or memor ia l regis tered or t o be regis tered in t h e said office shal l upon such office copy be ing proved in l ike m a n n e r as a n office copy of any o ther record be received a n d t a k e n as evidence of t h e contents of t h e deed or memor ia l of which it p u r p o r t s to be an office copy wi thou t t he p roduc t ion of t he original

copy of deed or memor ia l P rov ided always t h a t t h e p a r t y p roduc ing

t h e same or his a t torney shal l before p roduc ing the same	give reason­
able not ice in wr i t i ng thereof to t h e adverse	pa r ty .

3 1 . A n d be i t enacted Tha t i t shall be lawful for any person

res iding in N e w Sou th Wales to deposit i n t h e office of t h e Reg i s t r a r

Genera l of t h e said Colony his or her last will and t e s t amen t u n d e r

an envelope or cover sealed wi th t he seal of such person and t h e same shall be endorsed w i t h such person 's n a m e and shal l r e m a i n in t h e said office in t h e custody of t he said Reg i s t r a r Genera l u n t i l t he decease of t h e tes ta tor (unless previously requi red to be given u p by such tes ta tor ) and u p o n the death of such person t h e Reg i s t r a r Genera l

shal l examine the same a n d 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 the re to or in case of doubt to such person or persons as t he Chief Jus t i ce or any J u d g e of t he

said Cour t shal l upon s u m m a r y applicat ion order a n d direct.

32. A n d be i t enacted T h a t t h e l imi t s of t h e Dis t r ic t of P o r t

Ph i l l ip shall for t h e purposes of th i s Ac t comprise all such pa r t s of t h e Ter r i to ry of New South Wales as now are or shal l at any t ime hereafter be comprised in t h e l imi ts wi th in which the Res iden t J u d g e of the said distr ict now h a t h or may hereafter have jur isdic t ion.

33 . A n d be it enacted and declared T h a t a n y t h i n g requi red to

be done unde r th i s Ac t n o t specially declared to be applicable to t h a t p a r t of t he Colony of N e w Sou th W a l e s s i tuate wi th in the l imi t s of

t h e

t h e Dis t r ic t of P o r t Ph i l l ip shal l be he ld to be applicable only to t h a t

p a r t of t h e said Colony no t comprehended wi th in such l imits .

34. A n d be i t enacted Tha t t he Reg i s t r a r Genera l at Sydney

shal l as soon as convenient ly m a y be after t he pass ing of th i s	A c t
except in t h e cases excepted in t h e said reci ted A c t passed in t h e	fifth

year of t h e re ign of H e r present Majesty m a k e out and t r a n s m i t t o

t h e D e p u t y R e g i s t r a r of t h e Supreme Cour t a t M e l b o u r n e a t r ansc r ip t

certified	u n d e r	his h a n d of all memoria ls	of i n s t r u m e n t s	affecting	l and
wi th in t h e Dis t r ic t	of	P o r t	Ph i l l ip which were deposited	for	regis t ra­

t ion in t h e office of t h e Reg i s t r a r of t h e Supreme Cour t at Sydney a n d

w h i c h unde r t h e provisions of th i s Ac t m a y or shall have been t r ans ­ ferred to t he office of t he said Reg i s t r a r Genera l a n d all such t r ansc r ip t s shall be received by t h e D e p u t y Reg i s t r a r or o ther person d ischarging the dut ies of Reg i s t r a r a t Me lbou rne a n d be by h i m entered and preserved and shall be of t h e same force and effect to all

i n t en t s and purposes as t he or iginal memoria ls a t Sydney.

35 . A n d whereas by a n Act of t he Governor a n d Counci l of N e w South Wales m a d e a n d passed in t he fifth year of t h e re ign of H i s la te Majes ty K i n g W i l l i a m the F o u r t h in t i tu led " An Act to " remove doubts as to the validity of certain Marriages had and " solemnized within the Colony of New South Wales and to regulate the " registration of certain Marriages Baptisms and Burials" and whereas by a cer ta in o ther Ac t of t h e said Governor and Council passed in t h e t h i r d year of t h e re ign of H e r presen t Majes ty in t i tu led " An Act for

better ensuring the registration of Marriages Baptisms and Burials"

and whereas by a cer ta in other A c t of t h e said Governor and Counci l

passed in t h e four th year of t h e re ign of H e r said Majesty in t i tu led

" An Act to remove doubts as to the validity of certain Marriages " had and solemnized within the Colony of New South Wales by " Ministers of the Congregational or Independent and Baptist Denomi-

" nations and to regulate the registration	of certain Marriages	Births
" or Baptisms	and Burials"	i t is enacted t h a t t h e certificates of t he

mar r i ages b i r t h s bap t i sms and bur ia l s ment ioned in t h e said several

Ac ts are to be t r a n s m i t t e d to t h e Reg i s t r a r of t h e Supreme Cour t

of N e w South W a l e s for t h e purpose of hav ing such certificates preserved and enrolled in t h e m a n n e r and a t t h e t imes in such several Acts men t ioned and directed and whereas i t is in tended t h a t t h e said

several certificates shall from a n d after t h e day on which th is Ac t
shall commence and t ake effect be t r a n s m i t t e d to t he Reg i s t r a r Genera l a t Sydney to be regis tered in his office and n o t in t he office

of t he Reg i s t r a r of t h e Supreme Cour t of N e w South W a l e s Be i t

enacted Tha t from a n d after t h e day on which th is Act shall commence a n d t ake effect t he certificates or registers of all mar r iages b i r t h s

bap t i sms and bur ia l s by t he said reci ted Acts requi red to be t r ans ­

mi t t ed to and regis tered in t h e office of t h e Reg i s t r a r of t h e Supreme

Cour t of N e w South W a l e s shal l be t r ansmi t t ed to and regis tered

in the office of t h e Reg i s t r a r Genera l a t Sydney wi th t h e except ion

of such marr iages b i r t h s bap t i sms and bur ia ls as shall occur within

the l imi ts of t h e Dis t r ic t of P o r t Ph i l l ip and in all cases occur r ing

wi th in t h e said Dis t r ic t of P o r t Phi l l ip such certificates or regis ters

of mar r i ages b i r t h s bap t i sms and bur ia l s shal l be t r a n s m i t t e d to t he

D e p u t y Reg i s t r a r of t he said distr ict .

S C H E D U L E S

S C H E D U L E S	R E F E R R E D	TO.
A.

T h i s is t o ce r t i f y t h a t A . B . t h e wife of t h e w i t h i n n a m e d W . B . c a m e before m e A . B . a

J u d g e of t h e S u p r e m e C o u r t of N e w S o u t h W a l e s — ( o r before m o C. D. R e g i s t r a r G e n e r a l

of t h e C o l o n y of N e w S o u t h W a l e s ) — ( o r before m o E. F . a C o m m i s s i o n e r a p p o i n t e d b y t h e

S u p r e m e C o u r t of N e w S o u t h W a l e s for t a k i n g affidavits n o t r e s i d e n t w i t h i n t e n m i l e s of

S y d n e y a n d n o t b e i n g t h e p e r s o n e m p l o y e d t o p r e p a r e t h e w i t h i n deed n o r b e i n g a p a r t y

t h e r e t o ) a n d s h e b e i n g b y m o e x a m i n e d a p a r t f rom h e r sa id h u s b a n d a c k n o w l e d g e d t h a t t h e

w i t h i n i n s t r u m e n t was e x e c u t e d b y h e r a n d t h a t s h e was a c q u a i n t e d w i t h a n d u n d e r s t o o d

t h e

n a t u r e

a n d

effect

t h e r e o f

a n d

s h e

d e c l a r e d

t h a t

s h e

h a d

e x e c u t e d

t h e

s a m e

f ree ly

a n d

v o l u n t a r i l y

w i t h o u t

m e n a c e

force

or

coerc ion

e i t h e r

on

t h e

p a r t

of

h e r

h u s b a n d

or

a n y

o t h e r

p e r s o n . W i t n e s s m y h a n d a n d seal a t t h e d a y of 1 8 4 .

C . D . (L.S )

J u d g e R e g i s t r a r o r C o m m i s s i o n e r as t h e case m a y b e .

N . B . — W h e r e t h e a c k n o w l e d g m e n t is n o t b y a m a r r i e d w o m a n i t w i l l e x t e n d o n l y t o

t h e fac t of e x e c u t i o n a n d t h a t t h e p a r t y k n e w t h e n a t u r e a n d effect of t h e i n s t r u m e n t a n d

t h e

above

fo rm

m u s t

b e

a l t e r e d

a c c o r d i n g l y

a n d

w h e r e

t h e

a c k n o w l e d g m e n t

is

t a k e n

before

a

J u d g e

t h e

R e g i s t r a r

o r

a

C o m m i s s i o n e r

t h e

above

fo rm

m u s t

b e

a d a p t e d

a c c o r d i n g l y .

B.

Table of Fees to be taken under this Act.

s. d .

1 . F o r r e c e i v i n g e v e r y wi l l o r cer t i f ied copy or m e m o r i a l of a n y d e e d for r e g i s ­

t r a t i o n i n c l u d i n g v e r i f y i n g t h e s a m e a n d e n d o r s e m e n t of r e c e i p t on o r i g i n a l

deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6

2 . F o r e v e r y a c k n o w l e d g m e n t before w h o m s o e v e r m a d e a n d w h e t h e r a l r e a d y m a d e

o r t o b e t h e r e a f t e r m a d e . . . . . . . . . . . . . . . . . . . . . 1 0 0

3 . F o r t h e e n r o l m e n t of e v e r y g r a n t of l a n d h e r e a f t e r i s sued u n d e r t h e Sea l of

t h i s C o l o n y w h e r e t h e q u a n t i t y g r a n t e d s h a l l n o t e x c e e d 5 0 ac r e s . . . . . . 5 0

4 . F o r d i t t o w h e r e t h e q u a n t i t y s h a l l b e ove r 5 0 b u t u n d e r 3 0 0 ac r e s . . . . . . 7 6

5 . F o r d i t t o w h e r e t h e q u a n t i t y s h a l l e x c e e d 3 0 0 ac r e s . . . . . . . . . . . . 1 0 0

6 . F o r e v e r y s e a r c h of copy of a n y deed or of a n y m e m o r i a l of a n y d e e d or w i l l

of one p r o p e r t y . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6

7 . F o r e v e r y s e a r c h for a n y copy of a n y g r a n t of l a n d . . . . . . . . . . . . 2 6

8 .

F o r

e v e r y

e x a m i n e d

copy

of

m e m o r i a l

o r

of

a n y

d e e d

n o t

e x c e e d i n g

s i x

folios

5

0

9 .

F o r

e v e r y

folio

of

9 0

w o r d s

e x c e e d i n g

s ix

folios

. . .

. . .

. . .

. . .

. . .

0

8

1 0 .

F o r

e v e r y

e x t r a c t

f rom

a n y

m e m o r i a l

w i l l

o r

o t h e r

w r i t i n g

p e r

folio

. . .

. . .

0

8

1 1 . F o r r e c e i v i n g a n d n o t i n g e v e r y wi l l d e p o s i t e d for safe c u s t o d y . . . . . . . . . 5 0

1 2 . F o r e v e r y e x a m i n e d copy of deed of p u b l i c c o m p a n y or c h a r t e r of i n c o r p o r a t i o n

p e r f o l i o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 8

1 3 . F o r e v e r y s e a r c h for w i l l . . . . . . . . . . . . . . . . . . . . . . . . 1 0

1 4 . F o r e v e r y s e a r c h for copy of d e e d of s e t t l e m e n t of p u b l i c c o m p a n y or c h a r t e r

of i n c o r p o r a t i o n . . . . . . . . . . . . . . . . . . . . . . . . 1 0

1 5 . F o r e v e r y s ea r ch for cer t i f ica tes of m a r r i a g e s b i r t h s o r b a p t i s m s or b u r i a l s . . . 1 0

1 6 . F o r e v e r y copy of s u c h c e r t i f i c a t e . . . . . . . . . . . . . . . . . . . . . 1 0

No. X V I I .