Deposit of Deeds Act 1853 (SA)

An Act to provide for the deposit of Deeds, Agreements, Writings,

and Assurances, &laps, and Plans, relating to Nereditaments i n the Province of flout/& Australia, nudfor other purposes therein mentioned.

[Assented to, December 9, 1853.1 _.

it Enacted, by Ilis Excellency tlie Lieutenant-Governor of the of' the Legislat.ive Council thereof as follows: Preamble.

BE said Province of South Australia, with the advice and consent

1. From and after the assin of this Act, it shall be lawful ~ $

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for any person or persons W lomsoever tp dcposi~ + in the Public by wnp ot deposit. 4

Office for the Reeistration of Deeds and other Instruments in the said Province, anzthe llegistrar-General, or his Deputy, shell receive, for safe and perpetual cu%odY and rcfere'nce, any o$$d or duplicate

Province of South Australia, or whereby, or by nicans whereof, any	ever, relating to or in anywise aff a"" ctiiig hereditaments in the said
hereditaments therein may Fe in anywise affected, or the title thereto manifested, either at law or in equity: And the said Registrar, or his Deputy, shall, immediutcly after such deposit and receipt, give, to the persoli or persons making such deposit, a memorancluni of deposit, in writing, signed by him, according to the form specified in the Schedule to thls Act, marked A; first numbering the deed, agreement, writing, assurance, map, or plan, deposited, Gth a distin: guisliing number, and the year in which the same is deposited; as for example, No. 1, of 1833, and so afterwards, as the case may require, in consecutive order: And the liegistrav, or his Deputy, shall carefully and securely keep every deposited deed, agreement, writing, assurance, map, or plan, in the said Registry Office, placed
in numerical progressive order according to the year when the
same was received; and shall, at and in the said Kegistry Office, produce

onginal deed, agreement, writing, nssur ce, map, or plan, whatso-

roduce. to any person or persons requiri II the same, and allow him,

[er, br them, to inspect any such deposite assurance, map, or plan! paying therefor the sums mcntioned in the dg deed, agreement, writing,

Schedule of f i s to t h Act, marked B; aud shall also, as and

when required, give to any person or persons requirins the same,

B eopy or copies, extract or extracts, attested or onattested, of any such deposited deed, agreement, writing, assurance, map, or pko, charging and receiving therefor the fee or fees also mentioned in the eaid Schedule marked B: Provided also, that nothing in this Ac shall interfere with, or prevent, the production, by the Registrar 0, his Deputy, or the special agent of either of them for such purpose. of any deposited deed, ageewent, writing, assurance, map, or plan. in or before any Court of lnw or equity, or otller judicature in thc

said Province, being thereunto lawf~dly required.

KO earonant for pro-

duction, OF attbtw.4 2. It ball not be necessary or incumbent for any person o'r

eopiea of d e p i ed persons, deriving or manifesting title under or by virtue of any

deede, &C., to 1 9

raquires	deposited deed, agreement, *ritiiig, assurance, map, or plan, to
furnish any attested or other copy thereof to any purchaser, rnortd
gagee, or other person whomsoever, nor to enter into any covenant
to produce such deposited deed, ~greement, writing, assurance,
map, or plan, for any purpose whatsoever4
Persons requiring

production of de-	3. Every person desirous of mmifesting his or her title to any
posited deeda, &C.,

to inspect them	hereditament within the mid Province, any assurance or assurances
tho Regislry Offico.	relating to which has or have been d e F i n n y, but at 116 or their expense, &quire the person or persons, or his or their isolicitor or counsel to whom or for whose satisfaction such title is to be manifested, to attend at the said Registry Office or place of deposit, and tllerc inspect any deposited d& agreenlent, writiug,
assurance, ma or lan, in prificatiou of every such iitle, or the --
a E c t there0 9f'

~ ~ a t e e and copice'

of depwited deeda,	h. It shdl be lawful for any person to bring or send to the
he., 60 be certified as	said Registry Office any d.@e origilxd deed, - agreement, a m -
a c e, 1 x x, or &n ; or at RLIY tmc, md from tme to time, a copy or
copies of any deed, agree_n_i-cnt, nssGnce, ~ I I, or plan, which has
been deposited in the snid Rcgistrv Office; in order-hat the same
duplicate original, or eopy or c o p k may be compared wit11 tlie de-
positedi nginal; 6 n'nd the~w~porl the doclu~ient so brouglrt or sent shall
be compared accordin~b by the Registrar, or his Deputy; and in case of variance, the snid d;cument shall be corrected, so that the same may be a true copy of the deposited original thereof in a11 respects; and the said Registrar, or his Deputy, s l d, in every such case,
write on such document, and sign s certificate stntiilg that such
document is a true and correct copy of the oricjnal thereof deposited, and when such duplicate, original, or copy, shall be written on more than one skin of parchment or sheet of' paper, the Registrar, or his Deputy, shall sign each skin or sheet with his name, prescribing the word "correct; " and every document SO

certified

certified and signed as aforesaid shall, in a11 cases, be evidence that	another part or original assurance has been deposited in the said. /
Registry Office, ; umb - r e and year of deposit as in
such duplicate, original, or copy is specified.
may from time to time, make rules and regulations as to the days hgulatiw;s 5. The Registrar-General, with the approbation of the Governor, zf"kj.&
and hours w21en the Kenistrv-office shall be onen to the public for the purposes of this AS, & to the keepingAof proper hdexes of deeds and instruments deposited, as to the size and form to which
such deeds shall be folded, as to the particulars to be endorsed thereon for the purpose of reference, and generally such other replntions as may be expedient or necessary for the purposes of tlus Act: Provided that such regulatiolis be published in the Gover~zment Guzette of the Province, at least fourteen dnya before the ssmc shall come into operation.

Acts done under

6. v b y r e any power of attorney shall have been registered under authority of hlegis-

the proviwons of an Ordinance psse-h year of Her present tered power of attor- ney valid, until no-

& h j e s t ~, intituled '* - 0 provide for the registration of deeds, tice of revocation.

wills, judqments, conveyances, and other instrunlents," and shall

also havobmn depositec! under the a~t~llority of this et,= / 5 0

Act passed in the fifteenth year of the Reign of Her present q e s t y, intituled b L m t o anlend an Act to provide for the registration of deeds, wills, conveyances, ailcl other instruments, no act do% -- in execution of the power thereby given shall be invalid

by reason only of thc rc<ocatiG~iof sGEh--p3wer by the death of thc

dollor thereof or -- otherwise, unlessZttce of such revoZ&tiZ~ -----F. shall

have bee11 given to the sat~sfnction of the Registrar-General or his

Deputy, au(i s l l n l w e e d t -. - by him in tlle registry of -- such

E w e r of %tomey, and w&krnotice, .__ such Ggistrar or lkputy g

hcreb~rcquiCed to receiye and to enter in the margin of the index

of the rggistry of tlie power of attorney to which the same refers.

7. Where m y laid rant under the ublic seal of the said ~~~~~$~~~~!

Province, or under the -? sea of the Resident S + o~?lmlssio~ier shall seal cdid without

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have been, or s ld l be, enrolled, under or by color of the provisions

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of the said recited Ordinanec, such enrolinent s l d l he deemed and " 1

taken to b c 7 ~ r e s p e c t s valid and sufficient for the purposes of

the said Ordinance, altllougll there shall not have been, or shall not	@
be any proof by an attesting witness, or ncknowledgment by a
granting party, of the execution of such laud grant.	1 1
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8. In every case in which the Registrar-General or his Deputy E11.t'~ ofce*ificate of satisfaction of mort-

shall have madc such entry as by thc said Ordinance is providecl, in g.ge, evldeuco OE re- W- I

the margin ofb the registry of any rnortgageii!L3Ztlch nmrtgage is * a l n g 0 f e ~ ~ t ~ 4 $ $, Y d

satisfied, such entry shall he sufficient evidence to all intents and f14 C	/Ao	'	1	i
pUvOses, that the estate of a n d tKnenlents, aud hercdi- hments in Buch mortgage comprised, is vested in the person entitled to h equity of redemption tl~ereof, a s h e day of the date of

entry, freed and discharged from the aid mortgage, md from

the * 4

the sum of money thereby secured, and every part thereof: Pra- vided, that it shall nevertheless be lawful to impeach such entry, by showing that the certificate to which the same refers has been obtained by fraud.

Govcrnor may

appoint Deputy-	9. I t shall be lawful for the Governor to appoint one or more person or persons to be Dep~ty~Kegistrar or Deputy-Ke@strars, and whenever by any law for tho tiwe being in force in the sald Province,
Regietraru.
any thing is appoi~lted to be done by the Registrar-General, the same may be lawfully done by any such Deputy-Registrar, and such

/ & c	Deputy-Registrar shall be sworn before a Judge of the Supreme
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E R- - ,p > Court, as P r ~ ~ i d w - t e d Ordinance.

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t2ommencement of 10. This Act shall come iafo operation on the twenty-fiftl~ day of

P 2. 2 ~ + $ p --- March next, -

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SCHEDULE

SCHEDULE A.

X s x o n ~ s n u ~ ~ - - ~ 4 deed (or an agreement, or writing, as the case may be), dated

(here insert datz), b ~ t w e e n or under the hnnci and seal of, or purporting to be

(as the natltre of the case may require), or a. nlap or plan of (here shortly syccify the sub- jcct re?rewnte l), is this day of (here insert date of deposit), received into

th:: ltcgistry 0iGi.e for d osit a.nJ the same is deposited accordingly, and marked

ND.	of	.	7 7	.	*	7	heie inselt number cmd year).
,	,

(Signed) Begistra, or Deputy Registrar.

SCHEDULE B,

For every deed, agreement, writing, assurance, map, or plan, deposited,

and receipt for s,mc - - - .. - - - - - - - - - - - -

Forevery productian and inspection of same - - - - - - - - -

For every copy, or extract from smie, for the first ten folios, PEP folio -

E'or every folio af'tcr thc f k t ten - - - - - - - - - - - - -

For e w y attestation of same b s i q a truc copy of the original, or rlupli-

cate original, d q m i t c d, in 31 lition t o charge for col) l ? ' - - - - -

For evcry clvanination of, a d c;rtiGc:lle thd, duplicate, original, or

copy, corresponds with deposited assurnliw, per folio - - - - - -

For every copy of any deposited m q ~ or plan (such reasonable sum as

may be a p e d upon)

For the attending to produce in any Court aay dcpositecl decd, agree-

ment, assurance, map, or plan, and the restoration thereof to itu proper

place in the Kegistry Ofice - - - - - - - - - - - - -

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A ~ l e t l ~ 1 6:	Printed by authority by W. C, Cox, Government Printer, Victoria-square.
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