Real Property Act 1857 (SA)

ANNO VICESIMO PRIM0	9
C

--
t o ~ ~ e i r ? ~ ~ ~ ~ a u r s - ~ e it Enacted, by the Governor-in-Chief, of the said Province, with the advice and consent of the Legislative
--
Council and House of Assembly of the said Province, in this present
Parliament asscnlblcd, as follows:

T 2

1. All Laws, Statutes, Acts, Ordinances, mles, regulations, and practice whatsoever, relating to freehold and other interests in land,	Rcpcd of previous
Acts.
so far as inconsistent with the provisions of this Act, are hereb'y

repealed, so far as rcgards their application to land undcr th

v	-	of this Act, or the bringing of land under the operation oi?
this Act.

2. This Act maybe cited for all purposes as the " Real Property +Act."

Short titlr; H:

- 4' -7,

In the. construction, and for the purposes of this Act, and in all ~ n t e ~ e t a t i &

instruments purporting to be made or executed thercunder (if not inconsistent with the context arid subject matter), the following terms shall have thc respcctive mcctnings hereinafter assigned to them, that is to say-

The word " Land " shall extend to and include n~essuages,

tene-

ments, and hcrediiuments, corporeal and incorporeal, ot every

-A'

kind and description, (whether of a greater

-=--. or

-- less descriptiofi

than life estates, and wm&%t

f a ~

& m equityrtogether

- with all paths, passa@s, ways, waters, water-courses, liberties,
privileges, easements, plantations, gardens, mines, minerals,
and quarries, and all trees and timber thereon or thereunder,
lying or being, inl less the same are specially excepted:
" Grant" shall mean the land grant of any land of the Crown by
any Resident Coininissioner or Goverrior of the said Province,

to any person or persons:

shall mem~nyperson

seiscjd 0,r p?=d

of any cstate

possession, in f i t~~r i ty, or expectancy, or of a greutcr or lcss c1c.scriptioii tlian
a life estate, in any land.

''	'l'ransfcr" shall inearl the csecution of c y c q instrument, nrd the performance of every formality, including ucgistmtion, required by this Act, to give ~uliciity to t11~ passing, either of the whole of the proprietor's inteiest in land, or of a q - lcss estatc thercin:

" Mcrnorandum of Sale " shall mean the instrument esecutcd by
the person liavingestate or interest in la id mlder the opera-
tion of this Act, for the puFosr of trmsfening such estate and
interest in form of tlic Schcdule hereto anncxeci, rnarlrcd B:

Transmission" shall mean the acquirement of title to or iiltcrest in land5 corlsequent on the will, intestury, bankmptcy,

insolvency, or marriage of

u p r ~ p r i e t t ~ ~.

" Certificate of 'l'itle" shall mcan the instr~mcnt

rsecuted by the

Registrar-General, in form A cx t h ~

?khcciac lleret o annc~c:l,

duplicate of whic.11 constitutes i l s e p, a t e p g e in

the rcgistcr

b o o k, y s t i ~ ~ t h e

fee simple, or any lchs cstatc (as t l ~ c

c.a se may

be), in &kid brought u~ldt:r

t110 oljcration of t h i ~

Act:

"l\Zm.2'

shall be ayylicablc to evcry climge ori, or iiitcrcst

in l a d, created merely f ir

g a loan:

-4

" Mortgagor " shall inean the borron er of mou'cy on the security

of any estate or interest in 1 X l; l l d c r

the operation of this Act:

4 0 -

" Mortpgee" shall mean the lenclcr of money ulrvn the security of

any cstate or interest in 1 Z; i n d e r the operation of this Act:

" Bill of Mortgage " shall mean the illstrurrlcnt in forin of the

Schedule hewto annexecl, marked D.

reaui rd unclcr this Act

to he executed by the i&ending. inortmawr with a ~ i e w

crcatiug such m o i t v t as last a

L' E ~ ~ c u r n l m n c ~ "

and " hssigumci~t" shall mcan

tlw csecl~tion

a person of e k r y necessary or suitable instruincnt, and the p erfutmance of every formality, illcludirlg rcgis tra tion, rc q u i d

d...

9 by this Act, for assigning, surrendering, or otherwise tram-

. ferring land of whioli such person is

osscsscd, cithcr fez

\?hole estate of the person so possessch-for=z:my less cstatr, in order to render socli laird arailablg for s~ rn r ing the paj-

--F

mcnt of any ailnuity or dowr.r, G? for the lmynlcnt of m y

P - -

swn

sun1 of money either absolutely or subject to conditions, ---

,	restrictions, or contingencies; including also the execution, by the Registrar-General, of every instrument, and the per- formance by him of every formality required by this Act to give vdidity to such encunlbrance or assignment:

" Encurnbranccr )' shall mean the person, not being a mortgagor, wvho sha htlve assigned any estate or intercst in land under

the oneration of this Act for the uurnose of securing any 9

anm~ity,

dower, or sum of money:

- -

" ~ncumhT.mcee shall mean the pcrs&~,

~ o t

being a inortga

to whom or,for wvhose benefit any estate or irltcrest in lh under the $#ovisions of this Act &all have been encumbered

or asslgned:

" Bill of Encumbrance '$r	"	ill of ~rus$&slml.ll	-_-	7	mean tllc imtr amcnt	S-
p

creating S&

pcrson i ra~lr lpsta te or interest in land under the oyeration of

this Act in form of olle or other of the Schedules hereto

enc;?nbrance

or ~ssipnnier~t

crecnted by the

anncxed, marked respectively E or l

E s t ~ t e	in Fw Kiinple" slmll meall the absolute property in land, such as is origillally vested by a " Grant" in the nleaning of	-&Li-	-
--

-
this Act:
" Regi\ttxtion Abstract" shall mcan thc instrument under the hand and swl of the Registrar-Geilcrd, exccuteti'in form of the Schedule hereto marked 11, or in T V O ~ C ~ S to the like effect, available in lieu of' tile ltcgister Book, for the purpose of cnabling a person to mostg&e or to sell, in places iitilotlt thr limits of the said Province, land under tllc opera-

this Act w\rt~er.cof

he may be se&I

as prorxictor:

Thc expression " Person of Ulisound Xind" shall mean any person

not an infitnt, who, not having been found to bc n lunati

~11511

ilicapablc, fioin infirmity of' mind, to manage his ow

aff'nirs:
Consular Officer" shall include Consul-Gencrd, Consul, and
Vice-Cold, and any person for thc time being discliargin

thc: duties of Consul-C;eaernl,

Consul, or Vice-Consul:

" Registrar-General" shall mean the Registrar-Gcncral, or other
officer duly authoiizcd or appointed to carry out the pro-

visions of this Act, or any pcrson duly authorizcd as Dcputy

/ - L / 6

,, -/C?'

oZ such Kegislrar-Central, or to act on his bclliilf in respect

to this Act:

" 111strun1ent" s l d l mean and include any land frrtlnt, certificate

ofitlcl,

or otller clocumegt-in witins, ~ d n t i n g

to the transfer,

-- -

3"-

pncum b r; ~ l ~ c l e i i l i i ~ ~ ~ ~ ~ i t l ~	.- U-	e	land:
r 7-

Rcgictcbr
4
\
5 - *
F-

- L

" Regi&l3ook

" shall mean the book liereinafter directed to be,-

X p t for the purpose of recordingtherein,

-. ----

in order, grants

and certificates of titles issued, and tKe execution of instru-

mii-n<gland

under the op%ati&i bF t h i

" Person,"

used and referred to in the masculine gmder, shall in-

elude a female as well as a male, and shall rncludc a body

- l	corporate:

The naming any person as proprietor, vendor, mortgagor, mort-- gagee, encumbrancer, encumbrancee, lessor or lessee, or as trustee, or as seised of or haviug any estate or interest in any land, shall be deemed to include the heirs, executors, administrators, and assigns of such person:
And, generally, unless the contrary shall appear from the con- text, every word importing the singular number only shall extend to several persons or things, and every word import- ing the plural number shall apply to onc Iwson or thing, and
1 every word importing the masculine gender only shall extend

-	to a female.

Functions of the Re-

4. The de~artment

of the Registrar-General shall be the dcwart-

m n ~ t to undertake the general superintendence of matters a n g to the transfer, transmission, sde, mortgage, and cncumbrancing of all land under the operatio$% this ~ c " t, releasing of &cll

land from any mortgage or kncumbranc

be authorized

to carrv

into execntion the provisions of:

o f y n y Acts-

to amend or extend thc nrovisions of this Act iu force for the time	1_1_	X
b e i n g

Certificates and docu-

5. A11 documents whether purporting to be issued or written by

menb purporting to

or under the directions of the Kegistrar-General, ancl purpo~iing

and

in a givenrntlnller to	pither to be sealcd with his s e a l ~ s i g n c d	by him, or by, one of his
be recoived as evi-

dence.

deputies .- shall be reccivcd in fikncr, and s h a e e c l G d * t d b i e usued- written by or under the direction of the Registrar-General

9 without further proof unless the contrary be shown.

Registrar-General
may make rules.	6. The Registrar-General may, with the consent of the Governor, for the purposes of carrying into effect the pro~7isions contained in this Act, give such instructions as to the manner of making entries in the register book, as to the execution mid attestation of instru- ments as to any evidence to be rcquired for identifying any pemon, and generally as to any act or thing to be done in pursuance of this Act, as he may think fit.
h ~ - G e n c r d,

eanction d

7. The Registrar-General may, with the consent of the Governor

Governor, to i s ~ ~ e of the said Province from time t d tirne picparc and sanction forms of
forms of inshmenk* the various books, instruments, arid papers required by this Act, and &C.
may with like sanction from time to tirne make such alterations therein as he deems requisite; and shall, before finally issuing or altering any such form, gim such public notice thcscof' as 11c deems
necessary
necessary in order to prevent inconvcnicr~cc; and sliall cause every such form to be sealed with such seal xi aforesaid, or marked with some 0 t h distinguishing mark, and to be snpl~lied at thc Gcncral Registry Office free of charge, or at such moderate prices as he may from time to time fix, or may liccncc any person to print and sell the same; and every such instrument and paper as aforcsnid shall be made in the form issucd by thc Rcpstrar-General, and sanctioned by him as the proper form f'm the tune being; and every snch in- strument or paper, if imde i11 a form p~~rportiiig to be n proper form, and to be sealed or m a r k ~ d as aforesaid, shall be taken to be made in the form hcrcby rcqnircd, unless the cwntrary is proved.
Penalty for connter-

8. Every person who count~rfeits,

assists in connterf(4ting, or pro-

fra,,du-

cures to be conntcrfcitccl, such seal or otllclr distinguishhlg mark as lently

and for

all,erln~

~t w i n g

fur~l~s,

aforesaid, or who frauilulentlv :~itcrs,

assists in fraudulently altering,

j,,,,,l

bv Ite

01- procures to be fraudul~ntly

"altered, any form issllnl by the 12egistmr- ri.trrr-Genrra1.

General with thcview of evading any of the p~ovisions

of this Act or any

condition containedin swll form, shhl forc;~c.h

o f h c e bedeemed

guilty

of a niisdcrncanor, and sl~all incur a penalty not exccwhg One lIundrcd Poimds; or may, at thp cliicrction of ihc Coort before whom snch case may be tr~ccl, bc iinprisoncil. for any pc~iotl not es- cecding twelve calendar months; ant1 cvwy person who, in any case in which aform sanctioned by the Iiegistrar-General is by this ,ict rcquired to be used, uses without r(.n~oni~ble ~xcusc. any form not pxrportiilg to be so sanctioned, or who prints, sells, or n s ~ s any document purport- ing to be a form so sanctioned linowing thc same not to be so sanctioned for the time b ~ i n g, or not to hnve bccn prepared and issued by the Rcgidrar-Gcncrd, shall for each such offence incur a penalty not exceeding Ten Pounds.

9. The Regis trar-G enerd m ay exercise the fdlotving powers, that Powers of Registrar.

- - -

is to sny-

'"'peet

docllmcnts~

(1. ) H e may require the proprietor or other person making

apl~lica-

tion to have any land brought under the operation of this Act, or the proprietor, or mortgagee, or other person interested in any	land under the operation of this Act, in rcspect of which any	transfer, lease, n~ortgage, or other encnmbrance, or any release
from any mortgage or encumbrance, is about to be trancacted, or in respect of which any transmission is about to be registered, or a registration abstract granted under this Act, to produce any land grant, ccrtifjcate of titlc, conveyance, bill of salc, mort(-.ame deed, lease, will, or m y othcr instru- 0. a ment in his possession or within his corltrol affecting snch land or thc title thereto:

(2.) He may summon any wch proprietor, mortgagee, or other rr;lni;e uitneascr.

IIv mnv qnmmon an4

person as aforesaid to appear, and give any explaiiation rcspoct- ing such land, or the instruments affecting the title thereto,
slid if, upon requisition duly made by the Registrar-General,
such proprietor, mortgagee, or otllcr pcrsou refuses or ncglects

t 0

to produce any such instrument, or to allow the salne to be inspected, or refuses or neglects to give any explanation which
he is hereinbefore required to give, or knowingly misleads or
deceives any person hereinbefore authorized to demand any such explanation, he shall for each such offence incur a penalty not exceeding Twenty Pounds; and the Registrar-General, if the instrument or information so withheld appears to him materid, shall not be bound to proceed with the bringing of
sixh land under the operation of this Act, or with the rcgis-
tration of such mortgage or sale, or with the issuing of such
powers of mortgage or sale as the case may be:

H@ may administer

(3.) He may administer oaths, or, in l i d

administering an oath,

--__
oaths.
may require any person examined by him to make and sub- scribe a declaration of the truth of the statements made by him in his examination.
*P ointmentoftanas

Ti&a Commissioners. Executive Council, by warrant under his hand and the public seal of	10. I t shall be lawful for the Governor, with the advice of the the said Province, to appoint two persons, not being le a1 practi-
tioners+ who, together with the ilegistrar-General, sha# bc C h -
kissioners for investigating and d S-efor tke b r i i ~ i n

of land u n d ~ ~ r o v i s i o n s

of this Act, and from time

-T--"-f

o time wit

Tike advice and in like manner to remove any of such C'ommissioners so appointed from office, and to appoint another person in his place.
style, remuneration,

form of proccrlure.	11. The style of such Commissioners shall be the "Lands Titles CO-mmissioners." The Registrar-General shall receive a reasonuhle sdary. The 'other Commissioners shall be rernimerated by Secs
on applications referred to thcm for brillging lands under the
operation of this Act as set forth in the Schcdule hereto marked T. At meetings of the said Lands Titles Cominis- sioners, two shall form a quorum, and the Registrar-Gencral, it' present, shall preside as Chairman.

Solicitors to be ap-	12. It shall be lawful for the said Comniissioners, subiect to the	"
pointed.

/ approval of the Governor, to appoint two legal prht ioners, at

reasonable salaries, to be their solicitors and permanent counsel, and

also, subject to the like approVal, to dismiss and dischar- such soli

* -. -v------

i:,.4	' 2 '-I ;a	citors
_C_ and to appoint others in thelr stead.

m /A ~ a /

13. All land alienated from the Crown within the said Province. from and after the fix&$y

the firat day of July,	f J g y, one thousand eight hundred and
1868. to be subiect to

s&allallbe

subject% the er??

of this Act.

Landsgranted prior to

14. Land, in the said Province, the grants of which may have been

the day on which this	signed -to	the d.ty appointed for this Act to come into operation,
Act comes into opera-
under tiie opera,tbn of

tion may be brought

(whether such land shall constitute the entire or part only of the land

included in any grant), m a a t

the desire of the W,

he brought

this Act.

under the operation of this Act in the following manner, that is to say-The p r o p n i r shall deliver to the Registrar-General an appli-

eation
cation in form of the Schedule, hereto annexed, marked I, or in words to the like effect, and shall at the same time deposit with the Kegistrar-General all iilstruments in his possession or under his control constituting or in anv wav affecting his title to such land, together with an ibstract of title in which he shall sct forth and describe every instrument a u t i n g or in any way affecting his title to such land, with the narncs and, so far as ;hallw be with$ his knowledge, the addresses of all persons, if any, seised or possessed of any estate or intercst in such land at law or in equity, in posses- sioil or in futurity, or expectancy, whether a life estate or of a greater or lessdescription than a lifc estate, and shall make and sub-

sc@c-,a declaration to

the

_ _-.--

truth

--- af ~ ~ ~. t i ~ c t ~ ~ - ~ r

if such applicant

proprict6?betlie so% anT&

person having estate or interest in such

land, then he shaEake

and subscribe a declaration to that effect.

15. If, upon receipt of such application, it shall appear to the satisfaction of the lteaistrar-General that the amlicant ~ronrietor

When applicant pro-

prietor is original

L L

grantee and noyrana-

thc original grnntcr of the land in respect to which application is	place.
a&ns have-
made, and that such land has been granted on or subse uent to the

7

nineteczlr day of

October. one thousand

c l z t Eun a+-T

re and ortv-

-a;;d thai no s-i-tgagc,

oor other c&umbrance transaction

in any way affecting the t,itle to such land has at any time been re- - gistered in the said Province. thcn. and in such case. the Registrar-

General shall, once in each' of tko successive weeks, give public
notice byTver6&ent in the Sbuth Australian Government Gazette,
and in, a t the least, one news-pape~published in the City of Adelaide,

in the s a i E n c e % a t

a~~licat ioi i

has been made for the brinrrin~

of =

land under the operation of this Act, which notice shdll b;

in khe form%f the Schedule hereto annexed, marked J, g in words to the like effect; and the Registrar-General shal'IlY&vise cause copy- of such notice to be posted in a conspicuous place in his office, &in such other public ;laces as he may deem Gcessar; and in anv such case if the Registrar-Gencral shall not. withinsle smce of two calendar rnonths"from the l a t e v u c h a&er-

tisements as hereinbetor6	j f i v e - any
caveat as hereinafter described. with res~ect	to such land. it shall bk

1 x 1

for him,

in the h u t h km-

tralian	-	the operation of
this Act,

16. If it shall appear to the satisfaction of the Registrar-General that the applicant proprietor is not the original grantec of the land

When applicant pro-

""p/*

prietor is not original

. 5 7 d/

grantee and mortgages

;-X3+

included in such application, or that the said land was granted prior

are satistied or parties p

- 1-

therelo we alsor~artiee

f 9 aZ- /%?%

F--

to thc nineteenth day of ~ c t g e r,

one thousand eight hundredsd

forty-- or that any transfer, transmission, mortgage. encum- brance, or beneficial intercst, affecting the title to such land has been madc, or has been registered in thb said Province, or elsewhere

then and in such case the Registrar-General shall refer -

suc amh-

cation to the Lands Titles commissioners for thelr consider&on,
4hd if it shall appear to the satisfaction of the said Commissioners
that the title to the land included in such application has not been
derived
derived bv trausmission, and that every mortgage, encumbrance, or beneficialuinterest, affecting the title to the land so inclodal has been released and satisfied, or if any such mortgqge. encnmbrimce, or interest, remains unsatisfied, that thc parties intcrwttd tllcrcin arc also parties to such application, then, ancl in either such case, the said Commissioners shall make and sdwribe a nw-mnt atltlresscd to thc Registrar-General, in form of thc Schedulc hereto nnncscd marked K, or in words to the like efFect, which warrant shall contain a direction to the Registrar-General to cause notice of such application to be advertised three several times in tllc Noufh Az~sh./rlinn Gocernmrz~zt

Gazette, an= at least onc newspaper published in the City of Adelaide, and shall further limit sncl appoint n tirnc, iloi less than one month nor n m e than twelve months from thc ctatc of' the latest
When evidenae of

title is not clear, or

of such advertisements, upon or after the expiration of which, it shall

bc lawful for the llegistrc~r-Gelleral,

rrnlcss lw shall in the interval

transmissions l,ave

taken place, or parties have received a caveat n as hereinafter	clcscrihtvl, to br.ing siich land
interested in unnatia-

ficdmortgagea are

under the operation of this A&; but if it shall appear to the eatis-

n o t ~ a r t i e ~ t o t h e

faction of the said Commissioners that thc titlo to the

land

inchldd

.application.

in such application has bbeen derived by tm~smi:sion, or that any parties interested in any ~msatisfieil mortpngc. or mc~~rnbr;~ncc affect- ing the title to such land, or any otllcr pady, l?cneficially interested

-'	therein, are not parties to wch oppiia:~tion, or that rlrr m-idcuce

p&l/L&-

; ~ & 4 = b

of titlc set forth by S

c a n

i t shall

i y

?L&+,~L-+A

be lawful for such Comini~cioners to d ~ t l ~ e

L t ~ ~ ~ t p l

to reject such application altogether, g,

at their i iseretion, by

_*

warrant under their hand, in form of the Sch~tlnlc

11::rc.to anilexccl

- -
marked K, or in xvords to the like rffect, to direct the Xegjsivor- General to cause notice of such application to be pul~lisl1t.d 111 the South Australian Qovcrnnmt Gazette, and in thc Lomlou C'nztte and in the Oflcinl Gamttes of each of the Colonies of S e w South Wst'les, Victoria, Tasmania, and Xew Zealand, or in any one or inore of such Gazettes, and thc said Commis,sioners shall in such mwrant specify the nnn~bTr" of times, and at what interval^, wch advertisement sl1all be published in each or any of such Ga:cttm, a i d shall also limit and appoint a time, not less than tw-6 nionths nor more than three years from the date of the latest of such ad~c~tiserncnts, upon or after

after described, to bring such land under the operation of this Act.

the expiration of which, it sh11 bc lswfbl for the Registrar-General, unless he shall in the interval have received a caveat as herein-

Notice to parties

17. Thc Registrar-General, upon receipt of any such warrant as

having any regihtered

,,,,	is hereinbefore for either casc respectively directed to he issucd under the hand of such Commissioners, shall cause notice to be pub-

X.

Y	lished in such manner as in such warrant may he directed, that application had been made for bringing the land rcferrcd to in such warrant under the operation of this Act, and shall also cause copy of such notice to be posted i11 a conspicuous place in his office, and in
S U C ~ other public places as he inay deem necessary; and thc
Registrar-General shall likewise forward through the post office copy of such notice, addressed to each former proprietor, mortgagee, or other person who may then, or at any previous time, ilave hart or

held
held any legal or equitable title, claim, or encumbrance, to or upon such land, as far as his knowledge of the facts of the case, and of the names and addresses of such Dersons mav enable him. and

;--I--

the Registrar-General

-I

shall not, witgin the ti& for that pu$mse 2

llmitcd and appointed in any such warrant, receive any caveat a& hereinafter described, it shall be lawful for him;-by noEci-jmEished
in the South Australian Government Gazette, tb bring-the land
referred to or described in such warrant under the operation of this
Act.
Parties intorosted

18. It shall be lawful for any person having or claiming an in- ,

terest in any land so advertised as aforesaid, or for the attornev
of any pers& having or claiming interest therein, within the tirni

hereinbefore limited and appointed, or that may by warrant as afore-	a
said, under the hands of the Lands Titles Commissioners, be for that purpose limited and appointed, to lodge a caveat with the Registrar-General forbidding the bringing of such land under the operation of this Act, which caveat shall be in thc form of the Schedule hereto annexed, marked L, or as near thereto as circum- stances permit, and shall particularize the estate, interest, lien, 02 charge, claimed by the person lodging the same; and if such claim is
made under any instruments other than those set forth in the abstract
deposited by the applicant proprietor, the person lodging such caveat shall deliver a full ancl complete abstract of his title, which shall contain the same matters, and be subject to the same regulations as are hereinbefore pr~scribecl for the case of an abstract deposited by the applicant proprietor.

1 9. The Regis trar-General, upon receipt of any such caveat $z;;",:;;~e$d
within the time for either case limited as aforesaid, shall notify proceeding
the same to such applicant proprietor, and shall suspend further
Lction in the matter, and the lands in respect of which such caveat
may have been lodged shall not be brought under the operation of this Act until such caveat shall have been withdrawn or shall
have lapsed from any of the causes hereinafter provided, or until a decision shall have been obtained from the Court having jurisdiction
in thc matter.

20.

After

the

expiration of three calendar months from the date ~ ~ ~; + ~ y _ f; ~; ~ g i n g

thereof, every caveat shall bi: dcemcd to have lapsed unless the reasonableground.
person by whom or on whose behalf the same was lodged shall,
within that time, have taken proceedings to establish his title
to the estate, interest, lien, or charge therein specified, and every
person who shall fail to show probable came for lodging such caveat

to the satisfaction of the Judge before whom any prosecution may in

such case be instituted, shall forfeit and pay a penalty not exceeding

One Hundred Pounds.

21. If, upon the application of any proprietor to have land, of ~ ~ $ ~ ", ~ ~ f ~ $ 9 9:

which he is seised, brought under the operation of this Act, the trar-~enerdto

show

Registrar-General shall refuse so to do, or if mch applicant pro- caUBe~

if "'abfisd.

pr ietor

prietor shall be dissatisfied n ith the direction upon his application, given by the Lands Titles Commissioners as hereinbefore provided it shall be lawful for such applicant proprietor to require the Regis- trar-General to set forth in writing, under his hand, his objections to the title of such applicant proprietor or the grounds upon which such direction was given, and such applicant proprietor may, if he think fit, at, his own costs, summons such Registrar-General to appear before the Supreme Court to substantiate and uphold his objections to such title, such summons to be issued at the request of such appli- cant proprietor, or his solicitor, undcr the hand of a Judge of the said Court, and served upon such Registrar-General six clear days, at least, before the day appointed fox the hearing of such objections, and such objections shall be heard by the said court upon motion; aud upon such hearing the said Court shall, if any such objections be a question of fact, direct an issue to be tried to decide such fact; and it shall thereupon be lawful for the said Court to f ~ r b i d the bringing of such land undcr the operation of this Act, or to order that such land may be brought under the samc, after the expiration of such period of time, as the said Court shall think fit, not cx- ceeding the period limited by any law, for the time being in force
in the said Province," as the period within which actions of eject-
ment may bc brought, and the Registrar-General shall obey such
order.
by counsel ; expense Case may be argued 22. Upon any such motion as aforesaid, it shall be lawful for any to be borne br nppti- person interested h any land touching or concerning the title to
cant. which such motion shall be made, and for the said Registrar-General by himself or llis counsel, to arguc the same before the said Court, in support of or objection to, the bringing of such land under the operation of this Act, and the ftcgistrar-General, or llis solicitor, shall havc the right of reply; and all expenses attendant upon any of the matters or proceedings aforesaid, shall be bornc and paid by the person requiring such land to be brought under the operation of this Act.

Form of notice for	23. E ery notice for brin@ng lgld%under	the operation of this
Pringiag land under

operation of this *at.

~ c t & e &before

_ _ ..- _CI

directed to &c pb l i sheq shall bc in the form of

the Schedule hereto annexed, m

or in words to the like

effect, and shall take effect and be valid to a11 intents from the

r- -

,, 2

--. ,L

of the publication thereof.

,g*

0 iy <&/'

,c-

/ / WI'

land under

entitlca

~ c t,

to aring

and

24. The person entitled to bring land under the operation of this be the person in whom the fee simple is vested, or if there be no person in whom the fee simple is vested, then the person so entitled shall be the person holding the greatest s e a d inte est in such

m e i w certificate of

Act, and to receive a certificate of title in respect of the same, shall

title.

land, not being a mortgagee thereof: Yrovide always, that no +P--=

mortgagor shall be entitled to bring land under the operation of this

Act, or to receive a certificate of title for the same, without the consent of his mortgagee, which consent may be endorsed on the form of application in manner hereinafter prescribed.

25. It

25. It shall be lawful for any proprietor, being au applicant to A P P ~ ~ C ? ~

may wlthdra

p r 0 P b r

his

have land brought under the operation of this Act, to withdraw his appli,ation.
application at any time prior to theissuing of such notice; and the
Registrar-General shall, in such case, upon request in writing, signed
by such applicant proprietor, return to him the abstract, and all
i&trumcnts of title, deposited by such proprietor for the purpose of
supporting his application.

36. The Registrar-General shall not notice any caveat forbidding Caveats

cases not

certain

bar the

the bringing of' land under the operation of this Act, if the party bringingofkndunda
lodging the same claims only an estate or interest to take effect after
the cletermination, or in clefeasance of an estate tail, or forbids the
bringing of such land under the operation of this Act, on the plea
only of the absence of legal evidcncc that a former proprietor was in
being and capable at the time when any power of attorney executed
by such prourietor was exercised by his attorney in the selling or
purchasing, or releasing of such land.
-

27. Every qrant, certificate of title, memorandum of sale, bill of Grants and other in-

atruments filed or

,! :'p--,

mortgage, pojvc'r of at torile y, registration abstract, revocation order, bound up in register

bill of enournbrnnce, bill of trust, lease, or other instrument transferring ~ ~ $ ~ ~ $ ~, $ g i:	- ' "	'?' '.
or in any way affecting any estate or interest in land undcr the

operation of this

--- -- AcQllall

in d

and one 0

&*.

Gery sneh instrumcnt slmll be filed ill the Registry Office, and the$;

;,fd%'k

S L

0 t h clclirrred to the proprietor or other person interested therein, k~~(#c

or entitlecl thereto, a i d every instrument in this Act dirccted to bc filed or bound np in the rc$ster book, being so filed or bound up shall

c )

he held to be "llegistercd

D I q s s ' in terms of an Act passed

L , 3-',,/

by the Governor and lJe,rnskitwel'ouncil of the said Province on the

&+,J/,

. - -

-, *. .-

"3 ." z;-f

'. dL~"

ninth day of Ilecember, 111 the year of our Lord one thousand eight

c c fl A G ~ ~

hundred and fifty-thrcc, and in the seventeenth year of Her Majesty	/'	/y s. -/	'
Queen Victoria, intitulcd " 14n Act to provide for the Deposit of Agreements, Writings, and Assurances, Maps and l'lans, to Hereditaments in the Province of South i4ustralia, and purposes therein mcntioned."

21. The Registrar-General

shall keep a book to be called the h + t ~ r - ~ e n e r a l

koep register book.

Register Book of ltcal Property," and shall bind up therein the duplicates of all grants and of all certificates of title issued from and	after the first day of July, one thousand eight hundrcd and fifty-
eight, and shall open therein a separate page for each grant and certificate of title, and shall record thereon the particulars of all instruments affecting the land included under each such grant or certificate of title, distinct ancl apart.

29. So saon as any land has been brought undcr the operation of Crrti6cate of title tb

----I-

be issued when land

this Act. the ReQstrar-General shall make o u t and deliver to the is brourrht under the
poprietbr a ceGificate of title to the same in form hereinafter Operati'nOf thiE
described, and evcrp such certificate of title shall contain a reference

to the original

rant or other instrument evidencing title, which

l y e been d e p o b by such proprietor whea making applicat~?,n
In
in manner hereinbefore described, and the Registrar-General shall
endorse on every such grant op instrument SO surrendered a memo- randum setting forth that the said grant or instrument had been

m	surrendered by such proprietor in exchange for a certificate of title to such land pursuant to the provisions of this Act, with the date of such deposit; and if any grant or other instrument so deposited

'n8trument30f

if they include other	shall relate to or include any property, whether personal or real,
property to bc re-
turned to applicnnt	other than the land included in such certificate of title, then the
proprietor.	Registrar-General shall endorse on such grant or other instrument a memorandum setting forth that the said grant or instrument is can- celled in so far only as relates to the land included' in such certificate of title, and shall return such grant or other instrument to such proprietor, otlmwise he shall retain the smie in his office.
Certificate of title to

be in duplicate, and to	30. Every certificate of titlc made orit by the 1kgistrar-General
be bound

gister.

in re- shall be in duplicate, and in the form marked A in the Schedule

A	hereto, ancl the Registrar-Gcncral shall note by endorsement thereon,

,,A++

Aze ---A-

and .in such manner as to preserve their priority, the particulars of

//"A

,.L

all unsatisfied mortgages or other encunihrances, and of every leasc,

0,'

rent, charge, or tern1 of years, or outstancling estate whatsoever, affecting such land, which shall h v e bccii registered, or of which he may have notice, and shall causc one of snch certificates of title to be bound up in the register book, and deliver the other to the proprietor entitled to the land (lea-ibecl in such certificate, and every such certificate, duly authenticated under the hand and seal of the 'Registrar-~ci icd sh& L e rtbcrivtd in all Courts of' Justice as evidcncc of the particulars thcrein set fbrth and of tlwir being entered in the register book in the manner set forth in such certificate.

tual until entry in

effcc-

31. No instrunient s l d

be effectual to =S

any

-- --

estate or interest

redstry book, or un

in any land under the oprration of this Act, p to ~-(mkr-Siuch

land

registration abstrsct.

liable as secur i tyfo l ' - -~3a~-ment -V- of --; rnoncv, but so soon as the Regis- trar-General shall hal-e rntcrcd the partlGZars thewof in the book

,7< F

L%..- ,&-L

&L+'

A,~-r---.L,

M-

of registry, and made endorsement on such instrument as hcrcirlafter

F -; I J ~ * - * ~ ~ L ' ' ~

directed to be made in each such case respectirely, the estate

n-d

~'---<i

or interest shall pass or, as the case may be, thc land shall become

cZz----7--

a H-, ' liable to security in rnanim and subject to the conditions ancl contin- more instruments executed by the same prop~ietor, and purporting to transfer OF encumber thc samc cstntc or intcrcst in any land, be at the same time presented to the Registrar-General for registration and enclorsement, he shall register and endorse that instrument, under which the person claims property, who shall present to him the grant or certificate of title of such land for that purpose.

gencies set forth and specified in such instrument; and should two or

C ? *

P--

,/-iL(

71'

) ~

32. The R~vistrar-General shall not register any instrument

ficcordance rith pre-

purporting to-=kise

to deal with

1 ~crikcl

form.

or interest in land unmP-

such instrum&

be -

__I_

accordance

-W___

witi! the

p ~ o ~ i s i o n s

thereof.

-33. Every

33. Every certificate of title or entry in the register book shall be ~

conduaive.
conclusive, and vest the estatrand interest, in the land therein

mentioned in su& manner a W to such effect as shall be expressed in

A y -

such certificate or entry valid to all intents, save and except as is

7/*7<-

-L-.--~-

- -,

hereinafter provided in the case of traud or GrOr:

* /1

-- P ---p

A--, A--

p&&

7

*-%?G

34. Upon the first brinB.ing of any land under the operation of a

;

Fund.

this Act, and also upon the registering of the title to any land trans-

%S=='.-

-2?zL- *

niitted

b ~ m I I - o r

intestacy, there shall be paid to the Registrar-

General the sum o37oiie-farthing in the pound sterling on the value of the land so brought under the operation of this Act or so trans- mitted, and if such land be situated within the limits of any Corporation or LXstrict Council, the dcckttration of such applicant proprietor, or person entitled under such transmission, accompanied by the certificate of the Mayor or of the Chairman of such Corporation or District Council, setting forth the markctable value of such land at the time then being, and the amounts at which such land had been assessed at the assessment last bcforc the bringing of such land under the operation of this Act, or last before such trt~nsmission, as the case rnay be, shall bc received by the Registrar-General as sufficient evidence of the value of such land; and if such laud be not situated within the limits of any Corporation or District Council, or being within such limits it shall not havc been assessed, the oath or solcmn affirmation of thc applicant proprietor or of the party entitled under such trnnsrnission, lmde before the Registrar-General, or any Justice of the l'eace, shall be received by such ltegistrar-General as evidence of' the value of such land: Provided always that if the Registrar- General shall not bc? satisfied as to the correctiiess of the value so declarcd or sworn to, it shall be lawful for him to require such proprietor or other pcrson as aforesaid to produce a certificateof such value under the hand of a sworn appraiser, which ccrtificate shall I.

be reccived as concl~sive	evldence of such value for the purposes
herein specified.

35. All sums of moiley so received as aforesaid, shall be paid to *55manee Fund to be

invested in Goyern-

the Treasurer of the said Province to constitute an Assurance Fund, meat Becurities.

verdict or decree of Court to thc rightful heir or proprietor of land

out of which shall be made good the full amount awarded by any

u?dG theiperation of this Act as hereinafter provided, failing the

2'-

recovery of such amount from the pGrGon-wXoTEjyIbf fraud, mis- representation, - --- or error, have become registered as proprietor of E e same; and the sai&Treasurer may from time to time invest such sums in the South Austrdian Government Securities: Provided ~ c f i ~ i ~ ~ c y

to be

O O ~

out of General

always that in case of deficiency in such Assurance Fund the full P

evenue.

amount so awarded shall be made good to such rightful heir or pro-

prietor out of the General Revenues of the said Province.

36. When land under thg operation of this Act is intended to be Trader by male.

, &'F L

- I----

disposed of by stile, the vendoishall execute a memorandum of sale,

'-2

in form of the Schedule hereto annexed marked B, or as near thereto

/'
.as circumstances permit, which memorandum shall contain such

X 2	description

description of the land intended to be transferred as is contained in the original grant, or in the certificate of title of such land, or such description as may be sufficient to identify that particular portion of land which it is intended to dispose of, and shall contain an accurate statement of the estate or interest of such vendor intended to be transferred, and a memorandum of all mortgages and other encum- brances affecting the same; and if such land be leased, the name and description of the lessee with a meinorandum of the lease, and every such memorandum of sale shall be attested by a witness.
37. Eyery memorandum of sale for the transfer of land under the operation of this Act, when' d i i ~ e x e c u t e ~ e produced to the Registrar-General, who shall thereGPon enter in the register book, under the original entry respecting such land, the name, residence, and description of the vendor, or of each vendor if more than one; the name, residence, and description of the purchaser, or of each purchaser if more than one; the amount of the consideration money paid; the date of the memorandum of sale, and of its production, and such other particulars as the B ~ g i s ~ e n e r a l may deem neces- sary, and shall endorse on such memorandum of sale, and also on the
Memoranda ofeale grant or certificate of title, the fact of such rntry having been made, be entered inth?Order with the date and hour thereof, and shall sign each such endorse-

+af	their produchon.

ment and shall affix his seal to such memorandum of sale, and the particulars of every such memorandum of sale shall be entered in the register book in the order of the production thereof, and upon such entry being made by the Registrar-General, the land, or the- e s w interest therein, as set forth and limitedinsuchmerno-

randum of sale as to be transferred, shall pass to an-

the

-
purchaser.

Nammnfumof	38. If the estate or interest in such land, so passed to and vested in such purchaser in manner aforesaid, shall be of a description less than a fee simple, the memorandum of salc so endorsed and authenti- cated, under the hand and seal of the Registrar-General, shall be
Isgal eviienee.

p '..PH2

- -

/ k+2Z="

-.I/. - /

received i,n any Court of Justice as sufficient evidence of the title

"	H-+,/+ --	,	of such purchaser to the estate or interest therein set forth and
P--- /-	*T	limited.
L-

Vendorb deliver UP

hnd grant or certifi-	39. If the memorandum of sale purports to transfer a full estate in fee simple in any land, the vendor .shall at the same time deliver up the grant or certificate of t i t l e x c h land, and the Registrar-General shall in such case endorse on such grant or certificate of title, a merno- randum cancelling such grant or certificate of title, setting forth the
cate of title.

be

endorsed.

day and hour on which such grant or certificate of title had been delivered up to him f ~ r that purpose, with the name, residence, and description of the vendor by whom the same was so given up, and the particulars of the transfer occasioning the surrender and cancelling of such grant or certificate of title.

be ismd to purchnscr 40. The Registrar-General shall thereupon make out a certificate

Ccrtifimte of title to

.of -%ate inice simple. of title of such land to the purchaser, referring therein to the original

grant

grant of such land, and to the memorandum of sale thereof, to such purchaser; and in case the vendor shall, by such memorandum of sale
When part only ta

as aforesaid, have contracted

to transfer the fee simple of part only

sold, new cortificato for

of the land included under the grant or certificate of title so delivered

u~isuld portion to be

up to be cancelled, then thc Registrar-General shall make out a

issued to proprietor.

certificate of title to such proprietor of the unsold balance of such

land so included as aforesaid

41.

any estate or interest in land under the operation

- of this Act,

Declaration, in case of

transmission

by death,

or any charge on such land, become transmitted in consequence oTae

bankruptcy, or mar- -

denthi or bankruptcy, or insolvency of any proprietor, or in conse-

riage.

quence of the marriage settlement of any female proprietor, or b an lawful means other than by a transfer according to the ProvisioEo

--v-

this Act, such transmission shall be notified to the Registrar-General, b y m a r a t i o n of the person to whom such estate or interest has come by transmission, made in the form marked N, in the Schedule hereto, and containing a statement describing the manner in which and the party to whom such estate or interest has come by trans- mission, and such declaration shall be made and subscribed if the declarant resides at or within ten miles of the General Registry Office, then in the presence of the Registrar-General; if beyond that distance, then in t& presence of the ~ < ~ i s t r a r - ~ e n e r a l or a iy Justice of the Peace; if the derlarant resides in the United Kingdom of Great Britain and Ireland, or in any British P o s s e s t s i o n i a n the said Province: of"lFany foreign place, then in the presence of any of the persons hereinafter appointed respcctively aspersons before

A-,-.

-.-l

whom the execu t i&Tins t~ rnea t s executed	beyond the limits of	c *, . = ~. d -	&-A.------	__-.	-- --
the said rrovincc may be proved.

42. If such transmission has taken place by virtue of the bank- Proof of transmissim

ruptcy or insolvency of any proprietor, the said declaration shall be ~~,"P~!'$;$~-

-e3

accompanied by such evidence as may, for the time being, be taoy. receivable in courts of justice in the said Province as proof of the title of parties claiming under any bankruptcy or insolvency; and if such transmission has taken place by virtue of the marriage settlement of a female proprietor, the said declaration shall be accompanied by such marriage settlement, or by a copy thereof duly authenticated,	c ) I ' J ~,	,, -. L
and a copy of the register of such marriage, or other legal evidence of the celebration thereof, and shaU declare the identity of the said
female proprietor; and if such transmission has taken place by
virtue of any will or testamentary instrument, then if such will or testamentary instrument shall have been made in the said Province, the said declaration shall be accompanied by such will; and if made in England, Wales, or Ireland, the said declaration shall be accom- panied by such will, or by the probate thereof; and if made in Scotland, or in any British Possession, or in any foreign country,
such declaration sl~all be accompanied by such will, or by any copy
thereof, that may be evidence by the laws of Scotland, or of such possession or foreign country; and if such transmission shall have taken place in consequence of an intestacy, then, if such intestacy
shall have occurred in the said Province, or in England, Wales, or Ire- land

land, the said declaration shall be accompanied by the letters of administration or an official copy thereof; and if in Scotland, or in any British Possession, or foreign country, then by letters of adminis- tration, or any copy thereof, or by such other documcntsas by the laws of Scotland, or of such possession, or foreign country, may be receiv- able in the Courts of Judicature thereof as proof of intcstacy, together with such documentary or other evidence as may be sufficient to prove
the title of such declarant to the estate or interest in such land, ac-
cording to the laws for the time being in force in the said Province.

Registration	land	43, The Registrar-General, upon the receipt of such declaration, riage settlement, enter the name of the person, entitled under such transmission, in the register book as owner of the estate or interest so transmitted, and shall file such clcclaration in his office, and shall also endorse on the grant or certificate: of title of the land in which the sctate or interost is tsansrnittcd, or as the case may be, on the bill of mortgage, bill of' encumbim~c, lease, or other instrument evidencing title to the estate or intorest transmitted, a memorandum stating the day and hour on which such trnnsmission had been recorded in the register book as afmcsaici.
transmitted by	mar-

riage or insolvency.	SO accompanied as aforesaid, shall, in the case of insolvency, or niar-
mission by will or in-

Registration of t ram

44. In the case of transmission by will, or in c.xlseo,uence of an

testacy.

intestacy, the Registrar-General, upon rcceipt of such clwl:~ration, so accompanied as aforesaid, shall givc lioiice by ttr!\~cr.tiscinent, published once in each of two mccessive M-eels in the hSi,ttfh Aus-

tralian Government Gax~tte, and in at least clnc ncmbynpcr published in the City of Adelaide, that he has received such declaration, which notice shall be in form of the Schcdulc hereto annexed, marked J, or in words to the like effect; and the Registrar-General shall cause copy of such notice to be posted in a conspicuous place in his office, and in such other public placo as h c nlay deem necessary; and in any such case, if the Registrar-Gcw-ral shall not, within the space of one calendar month from the date of the latest of such advertisements, receive any caveat forbidding com-

by partiee interesbd. entitled under such transmission, in the rcgister book, as owner of

Caveat maybe lodged pliance with such application, he shall enter the name of the person

the estate or interest so transmitted; and shall. in other rc.pcts,

proceed as hereinbefore directed for thc case of a I~;~r,+n~lh-:cxl

tly in-

solvency; and the Registrar-General? if hc sirall rccci.t t. ;!ill

;

U; iw:~

\ !

;it

within the time .for such case above i imitd: bid, if tl~c.

party Icdging

the same show reasonable grounds for so Joil~g. +""I,( nd :wtion ill the matter, until such caveat shall haw hcen 1% itlid1 3x7 ,tn or uutil n cieciiion

to be

if caveat lodged.	&all have been obtained from the Court, has in? j twisdictiun in ille matter; and every person who shall hi1 to show reasonable cause for lodging such caveat to the satisfaction of the Judge, before whom any prosecution or suit may in such case be instituted, shall forfeit
and pay a penalty not exceeding One Hundred Pounds.

Tranamissionnotvtdiii

45. No transmission of land under the operation of thi;q Act either

against eubeequent

by descent, will, appointment of assignees or trustees, vesting order,

registered. -

- --

L?___-

1d33ers

letters of administration, order of the Supreme Court, or otherwise howsoever, by any proceeding filed of record, shall be valid and effectual against any subscquent purchaser, mortgagee, or lessee, unless legal evideixe of heirship, the probate or exemplification of

probate

such will,

a ~ o i n t m c n t

----W.- -- of assignees or trustees, v

order. letters of administration, order of the Supreme Court. or

instrument fisinbefore rqui'red -- to be in suih case prod;ced, has been so procluced to the Registrar-General, and the particulars of the transmission cntercd in the register book.
Power of Court to

46. I t shall be lawful for the Suprcmc Court, without prejudice to the cxercisc of any other power such Court inay possess, upon the summary application of any person interested in trans- mitted land, made eithcr by petition or otherwise, and either ex parte, or upon scrvicc of notice on any other person, as the Court may direct, to issue an orcler prohibiting for a time to be named in :wch order any dealing wit11 such land; and it shall be in the discrctivn of such Court. to make or refuse any such order, and to annex thereto any terms or conditions it may think fit, and to discharge such order when granted with or without costs, and g ~ ~ l i x d l y to act in the prcinises in such ii~anner as the justice	prohibit transfer.
a d thc case may rcquire; and the Itegistrar-General, without being
made ct party to the psoccctlings, upon being served with such order or an official copy thereof, shall obey the same.
Land under operation

47. 'C'C'hen any land mdcr the oper:ttion of this Act is intended

ofthisht, how leased.

t o be leased or derniscd for a tcrrn of years, the proprietor shall cxecute a lease in fimi of the Schedule hereto an~lcxcd marked C, or as nea<thercto as circnmstances permit, and every such lease shall contain the same description that is given in the grant or cer- tificate of title or s~icll other description as may be sufficient to identify the land intended to bc leased, and shall be attested by a witness; and such lease when so executed, together with the grant, certificate of titlc, or other instrummt evidencing the titlc of such propri~tor to an estate in such land, shall be presented to the Regis-

tmr42cnera1, who shall record

-- - - in the register book the date and hour

or consideration money, the dates on which it is appointed to be paid, of s u i productiou to him, the date of the lcase, the amount of rent	nncl the names arid description of the proprietor and of the lcssee,
and shall record the Like particulars by rr~emorandurn on the grant, certificate of title, or other instrument as aforesaid, and shall endorse
on the lease a mernornndum of the day ant1 hour on which thc said
particulars had been entered in the register book, and shall autben-

Leaso, if authenti-

ticate such memorandum by signing his name and affixing his seal

cated, to be evidence.

thereto; and every lcasc bearing such mcmorarldum, so authenti- cated, shall be received as sufficient evidence of the title of the lessee to the estate or interest therein demised, and of all covenants: &indi-

tions, and restrictions thercin expressly sct forth,-or by this Act

declared to be implied against the lessor and lessee respectively.

48. A right to purchase land under the operation of this

Right of purchase

Act may be granted in any such lease by the words 'l that the said

may be covenanted,

lessee

lessee shall have the option of purchasing the said land subject to such conditions, limitations, and restrictions as are herein speci- fied;" which form of words shall opcrate as an expressed covenant in such lease, and shall apply as follows, that is to say-if the said lessee shall clect to purchase the said land, and shall in all respects comply with such conditions as may be expresser1 in such lease, or are by this Act declarcd to be implied therein, and shall pay the purchase-money therein mentioned, together with all rent, arrears of rent, and other moneys due md owing under or by virtue of such lease, then and in such case the lessor will execute a memo- randum of sale of such land to such lessee, and will perform all acts and execute all instruments by this Act prescribed to be performed or executed by a vendor, in order to transfer to such lessee the estate or interest in such land specified.
Lease whenrecorded

to bo valid.	49. The entry of every such lease in the register book, shall be held to transfer to 4 lnc lcssce an estate in such land as tenant, sub- ject, nevertheless, to all such conclitions arid covenants as may bc expressly set forth in such lease, if any. and to the conditions and
mhcther expressed or
Covenants valid	covenants which are hereinafter declared to be implied against a
implicd.	lessor and against; a lessee, or to all or any of such last-mentioned covenants as shall. not be negatived or modified by express dcclnr t' a.lon

ham

invalid if

in such leasc or endorsed thereon:

Provided al~vays,

that no lease of

withorlt

aonscnt of mortgagee.

mortgaged land executed subsequent to thc mortgage, s l d l hc valid and binding against the mortgagee, unless such mortgagee shall have consented to such lease, in form and manner hereinafter provided.

&mender of lease.

50. Whenever any lease or demise for a term of years is intended

to be surrendered, tllrre shall be endorsecl upon such lease the word

'' surrendered," with the date of such surrender, and upon such lease

g - A -

bearinc. such cnciorsement, signed by the lessee, and by the lessor

stcceptmg such surrender, and duly attested in lnsnncr hereinafter P

prescribed, bcir~g brought to the Register-General, he shall enter in the register book a incmoranduni recording the date of such surrender, and shall likewise endorse upon tlic leasc a nlenlorandum recording the fact of such entry having been made in tlie rc>gister book, and

upon such entry being so made in the register book, the estatc or interest of the lesqee in such land shall revest in the lessor, or i11 such

other person as, having regard to otlicr iiltervcning circumstances,

if any, the same would be vestcd in hacl no such lease ever been executed, and the production of such lease bearin6 such endorsement authenticated by the hand and seal of the Registrar-General shall be sufficient evidence that such lease had been so surrendered.

l a n d may bc plcdecd

51. Whm any estate or intcrest in land, under the operation of this Act, is intended to be made security fbr a loan other valuable consideration. the borrower shall execute a bill of rnortgj%gZ;-in form >thtne sc-IhcduYe hereto annexed, marked D, or as near thereto as circumstances permit, and every such bill of mortgage shall contain an accurate statement of the estate or interest intended to be mort-

_;B-

as security for a loan

<+-	gaged, and Wuch description as is given in the grant or certificate ,.

of title of the land in which such estate or interest is held, or such
other description as may be necessary to identify such land, and shall
be attestcd by a witness; and every bill of mortgage so executed,
together with the grant or certificate of title of such land, or as the
case inay be, the lease or other instrument, proving the title of the
mortgagor to such cstate or intcrest in such land, shall be produced
to the Registrar-Generaly who shall enter in the register book the
date and hour of such production to him; the date of mortgage;
the name, residence, and description of the mortgagor and of the
mortgagee; the amount of consideration money; the rate of interest,
and the date, if any, appointed for the redemption of such mortgage;
and the clat es on which interest is appointed to be paid; and shall record
the like particulars by a memorandum endorsed upon such grant or
certificate of title, lease, or other instrument of title, and shall also
endorse upon such grant or certificate of title, lease, or other instru-
ment, a nlcinorandum stating the day and hour of the day in which
the particulars of snch mortgage had been recorded in the register
book, and, upon such entry being made, as aforesaid, in the register
book, the cstatc or intcrcst in the land referred to, and described in
such bill of' nlortgage, shall be held by such mortgagor, subject to
and liable for the paymcnt of the principal sum and interest therein

set forth, a t the times and under the conditions and covenants therein

--,c - -4,

prescribed, or hereafter

declared to be implied in bills of mortgage.

l-F<-,/<

- -

k - - - A

.JT h

52. The repayment of any sum of money by weekly instalments, Papentsby instltl-

m1/7

or other periodical payments, may- be securcd on any land or on sion of time,

ments, and exten-

2 -- --F----
my cstatc or int-crcst thcrein, by bill of mortgage, in thc form or to the ef ic t of the said Scheclule L) to this Act annexed, by varying such form so as to cxpress fully the terms and modes and plan of paymcnt of snclr sum of money: Provided also, that the period of time hereinafter limited as the period after expiration of which it shall be lawful for a mortgagee to sell an cstatc pledged as security, in the e.\.eat of default made m payment of intercst or principal, or in the ncn-fulfilment of' any COT-enant,, may, by condition expressed in any

such I~ill

of' mortgage, be extended or shortened, and, notwithstanding

s11c.21 ~asintions in such form, the like covenants, rights, powers, and obligations, shall be implied thereunder and thcreby, both against the

mortgagor ant1 the niortgagce as would be implied if no such variation

had been made in the form of such Schedule.

53. In case default shall be made for the space of two calendar Mortgagee empow-

months in paymcnt of thc principal money or interest, or any part

ered to sell, if default

in payment

X-

thereof, secured by any such bill of mortgage, so recorded as afore- of interest, or prin-

cipal, or in observanw

said, or if default shall be made in observance of any covenant that

,,,,,,,

may be expressed in such bill of mortgage, or that is therein as against thc mortgagor hereinafter declared to be implied, and the mortgagee shall have caused a written demand of payment of such principal sum or interest, or as the case may be, for the fulfilment of any such cxpresscd or implied covenant, in respect to which such default may have been made, to be served on the mortgagor, or left at his last or usual place of abode, or if the mortgage be made by a corporate body, with the clerk thereof; and if default be made in

either

either such respect for the further space of two calendar months from the service of such demand, then, in such case, it shall be law- ful for the mortgagee to sell thc estate or interest plcdged to him
as security by such bill of mortgage, or any part thereof, and either
altogether or in lots, and either by public auction or private contract, or by both of such means, and subject to such conditions as he Inay think fit, and with power to buy in and resell the same, without being liable for any loss occasioned thereby, and to make and execute all such instruments, and to perform all such acts as in accordance with the provisions of this Act may be necessary for car- rying into effect the powers hereby given, including thc act of entcr- ingupon, and taking and giving possession to tllc purchaser of the land so pledged as security; all which sales, contracts, matters, and things hereby authorized, shall be as valid and effectual, as if the rnortg%~or
had made, done, or executed the same; and the receipt or recelpts
in writing of the mortgagee shall be a sufficient discharge to ally
purchaser of any part of such rnortgagecl property, for so nlucll of his purchase-money as may be thereby expressed to be recci~ed; no such purcllaser shall be ans~verablu for the loss, rnisi~pplication or nonapplication, or bc obligcd to see to the application of the
purchase-money by him paid, nor shall he be concerncd -.. -- -- to inquire as
to the fact of any such default or demand, as sforeszu~l, hming been made; the moneys to arise from such salc, as afbresaid, shall be applied: First-In payment of the expenses attending any such sale, or otherwise incurred in the execution of the pom-er of sdc hereby given: Secondly-In repay mcnt of the prin ci y a1 moncy and intcrcs t remaining due, together with any costs and expenses occasioned by the non-payment thereof, or the non-observmce of any such expressed or iaplied covenant; the surplus (if ally) shall be p i d to the mortgagor.
Estate or interest suld

nndcr bill of mortgage

54, The Registrar-General, in any such case as nforesaid, upon

receipt of a n~ernorandum

of sale of such estate or iutercst, so pledged

how passed.
as aforesaid, signed by such mortgagee, together with proof to his satis- faction that all the requirements for such case by this Act px'ovidtd have been duly executed and fulfilled, shall enter the particulars of such memorandum of sale in the register book, and record the fact of

all other respects proceed in manner herein prescribed for the case of	such entry by endorsement on such mcmornndum of sale, and shall in
the transfer of a like estate or interest by the proprietor thereof, and

c ?

2 3 /h$

every such transfer, when so recorded by the Evgistrar-General, shall

be as valid 55.EEEectual to pass such esiate or kterest, as if the

simple.

I. r n e r n ~ ~ ~ ~ o ~ e ~ bccn exceuttd h-morteagor prior to the date of the execution of the bill of mortgage; and lf such memo- randum of sale shall purport to pass an estate in fee simple, and the existing grant or certificate of title be for that purpose surrendered to him, the Registrar-General shall make out and deliver to the purchaser a certificate of title to such land, having first endorsed thereon memoranda setting forth the particulars of all unsatisfied mortgages or other encumbrances, and of all leases, transfers, or other transactions affecting such land if any, which shall appear to

have been registered and recorded upon such grant or certificate of

title

title so surrendered, and shall in a l l other respects proceed as hereinbefore is directed in the case of the sale of an estate in fee simple in land under the operation of this Act.

55. The Registrar-General, on thc production of any bill of mort- gage, executed under thc provisions of this 14ct, and having thereon	3%
a receipt for the mortgage money dul signed and attested, shall
make an entry in the register hook to -8 t e effect that such mortgage	has been discharged; and' upon such entry bcing made, the estate, or
interest, which by such bill of mortgage had been pledged as security for such loan, shall cease to be subject to or liable for the same, or any chargcs incident thereon, and the Registrar-General shall likewise endorse upon the grant or certificate of titlc, lease, or other instru- ment constituting or evidencing the title of the mortgagor to the estate or interest i11 such land, a memorandum of the discharge of such mortgage, and of the date of such discharge, and shall cancel such bill of mortgage: Provided always, that if at or after the date appointed for the redemption of any such mortgage, the mortgagee shall be absent from this Colony, or s h d not be in attendance to receive the mortgagc money either personally, or by his attorney duly authorized in that respect, it shall be lawful for the Registrar-General to reccivc such mortgage money, with all arrears of interest then due thercon, in trust for such mortgagee, and the Itegistrar-General shall, thereapon, make entry in the registcr book dischargin~ such mort- gage, stating the day and hour in which such entry is made, and such entry shall be a discharge for such mortgage, valid to all in- tents, and shall have the same force and effect as is hereinbcfore given to a like entry when made upon the production to the ltegis- tsar-Gclneral of the bill of mortgage, with the receipt of the mortgagee, and the Registrar-Gederal shall, if demanded, give to the mortgagor a receipt for the nloney so paid to him in trust, and shall endorse on the grant, certificate of title, or other instrument, as aforesaid, and also on thc bill of mortgage, whenever those instruments shall be brought to him for tllrtt puryosc, the several particulars hereinbefore directed to be endorsed on each of such instruments respectively.

56. Whencvcr it is intended to render an estate or intercstdin land, under the operation of this Act, available for securing any dowcr,

bcred for benefit of

Land may be encum-

jc

hcirs, or otherwise.

/ g

annuity, or sum of money, or to &vest such estate or intcrcst in-,	g %%.--z--*
the proprietor shall execute a bill of encumbrance, in form of the Schedule heretoYnnexed marked E, or as near thereto as circum- stances will permit; or, as the case may require, a bill of trust, in form of the Schedule hereto annexed marked F, or as near thereto as cir- cumstances will permit, which bill of encumbrance or bill of trust shall be attested by a witness, and shall set forth the nature of the estate or interest intended to be encumbered or invested in trust; the amount of dower%or annuity, or sum of money g r securing which such estate or interest is intended to be encumbered or invested in trust; the date on which, the manner in which, an7 the con- ditions or contingencies under which such
sum of rnoncy is to become payable; pnd the

restrictions,

restrictions, reversions, and remainders to which it is intended such

dower annuity, or sum of money should be subject or liable, if any, &er with such description as may be sufficient to identify the laGd in which the estate or interest $tended to be encumbered or vested in trust is held; and such bill of encumbrance, or bill of trust,

9-	together with the grant, certificate of title, lease, or other in-

- -

strument, evidencing the title of the encnmbrancee to the estate or interest in such land intended to be encumbeTd or vested in trust shall be produced to the Registrar-General, who s h T G i t e r the ~articulars of such bill of encumbrance or bill of' trust in the regi2er book, and shall endorse upon the grant, ce~tificate of title,

\ lease, or other i n s k r u r n e n ~ f o r e s a i d, a rnem orandurn statin y the

\ date and hour of such txoduction to him. for the purpose of-such

-.*-,

'( record being made, theAdate of the bill of encurnhrakx or bill of trust, the a;hount i f the encumbrance, the contingeneics. rrstrictions, reversions, and remainders, to ~vhich it is intendcd to be subject, if any, and the names and descriptions of thc parties for whose benefit the same is created, or for whose uses such land is vested in trust, together with the names and descriptions of the trnstees, if any,

(appointed,

and upon such entry being made in the register book the

estate or 'interest *set forth in such bill of encumbrance or bill of trust shall become subject to and liable for the puymclnt of such

L=-

gums of money, dower, annuity, or other cncwnbrance in accordance

/U 4

dd'ivith

the conditions and lirnitati6ns and subject to tho covenants set

forth in such bill of encumbrmcc or of trust, or m h i c s e i i i -

Kr-

* ' " F

- e----

after declared to be implied in any such instrumcnt gr as the c

&,L%

<-j

freL

be, such estaie or interest shall become vested in t G trustees named

L '

..p*

a t -

8 4 %

in such bill of trust, subject ta such conditions an4 trusts

.--c

as afore-

d s&d.

/ h

-.---c

,? &,,l

. L

(2 -H--

% n t ~

of dischaw of

enoumbrmce.

57. The Registrar-Gcncml, on the prorluction of any bill of encumbrance, or of any bill of trust executed under the provisions of this Act, with a receipt for the amount of the encumbrance money, or trust money, endorsed thereon, duly signed and attested, or upon the receipt of proof to his satisfaction that the occurrence of the

k&<

circumstances under which the amount of such encumbrance or

trust &u1d

become chargeable agazst such land, in accordance with

t ~ c c o n i m i t a t i o n s,

ard'restrictions

prescribed in such bill of en-

cumbrance or bill of trust has ceased to b? possible2 shall make an entry

A--+-

in the register book to the effect that such encumbrance or trust hag been dischar yed, or has>psed, stating thc day and hour in which

en ry 1s made, and .upon such entry being made, the interest,

m h---

which --\

assed to the encu;iibr&ncce, or i r t l

le trustees under

such
1 of trus, shall vest in the same person or persons in whom
same. would, h&kcregard to intervening acts and circum-
stances, if any, have vested, if no such bill of encumbrance or bill of
h s t had ever been executed or made, and the Registrar-General shall

__-

thereupon cancel such bill of encumbrance or bill of trust, and
shall also endorse on the grant, certificate of title, lease, or other
instrument, constituting or evidencing the title of the encumbrancer
to the estate or interest in the land referred to in such bill of
encumbrance,'

encumbrance a memorandum stating that such encumbrance had been d ischark2nd the date on which such entry of discharge had been made in the register book.

c 2 - 3

55. Every bill of mortgage, or bill of encumbrance, or of trust, shall Bills of mo%aget

of muumbranco,

be entered by the Registrar-General in the register book in the andof trust to be
o r d e r 3 time in which the same is produced to him for that
purpose; and txe Registrar-General shall record- -* by memorandum
on such bill of mortgage, or bill of encumbrance, or of trust, that the
same has been so entered by him, stating the day and hour of such
entry, and shall certify such rnefnorandum by signing the same and
nfixing his seal thereto, and every such bill of mortgage, bill of
cncurnbrance, or of trust, so certified, shall be received in all Courts
of Justice as sufficient evidence that the estate and interest therein
described had been -c so mortgaged, encumbered, or vested in trust as
the case may be, and of all other particulars therein contained.
59. If more than one rnortwme, bilI of encumbrance or of trust, priority

be reoistered in respect to --+P--

or a ecting the same estate or interest in

---

*&yna the operation of this Act, the mortgagees, encum- brancccs, and trustees, shall, notwithstanding any express, implied, or constructive notice, bc entl'iGh7fiiiority one o v e m t h e r

x E n g

to the date at ~vhich

each instrument is recorded in the

register books, and not according to the date of each instrument
itself.

G O. When any estate or interest in land under the operation of Legal c~tate

shall

vent in body corpo-

this Act shall b bill of encunl

nce, or bill of trust, be transferred ,,,,, or ,,,,,,,

under

' \

to any person or ody co~poraw

---

to thS use oi,%i-

in'trust

ror

hill of truat. >,

other person, thc whole l c p l ownership of

such

estate or i n t e z t

( 3

Lcuc, t 3 K &, /

c*rl

shall vest in the person or body corporate to whom the same shall b e m m e d i a t e l y and directly transferred; subject, however, to a trust for the benefit of such other person. Every limitation which
b;efore the passing of this Act might have been made by way of
shifting, springing, or executory use, shall hereafter be made by

transfer, in manner hereinbefore

--.

provided, without the intervention of

uses, b& not oth2rwjse.

. -

-G&-&,'

I '

6 l. No registered mortgage or encumbiance of any land under this Act shall be a f f e M by a n y a c F o ~ u	or encumbrancee
Rights of mortgagee

or inls_qhncy

not affected by any

act of bankruptcy

committed bv the mortrrasor or encumbrallGTTaTter

=k t e date of the

of mortgagor.

entry in thk register b&k of the bill of mortgage, bill of encum- brance, or bill of trust, creating such mortgage or encumbrance, notwithstanding such mortgagor; or enmmb"ra&er, at the time of his becoming bankrupt may have in his possession and disposition and be the registered owner of such land; and such mortgage or encurhirance shaii be preterrecl to any right, claim, or interest in -

such land, which may &long to thc assignees of such bankrupt or	P
insolvent.

62. A registered mortgage, a registered lease, ox the interest of a Transfer a f m o d w,

---

a d

of encuarbrsnn*,

registered md of l

registered encumbrancee of any land under this Act may be trans- ferred to any person, by endorsement on the bill of mortgage, lease, bill of encumbrance, or bill of trust which eidorsement, shall be in the form of the ~ c l l e d u l c h e l e t o x e d nlarkarl0, or in words to the like effect; and on the production of such bill of mortgage, lease, or bill of encumbranc~so endorsed, to thc Krgistrar-General, he shall enter in the register book the name of the transfesree& mortgagee, CI) lessee, or encumbrancee, of the land therein mentioned, and shall, by

- memorandum under his hand, record on such bill of mortgage, or bill of cncumbrancc or lease, and, if the same be prcsentcd to him for that purpose, 3 the grant, certificate of titlc, or other instrument evidencing title to the estate or interest mortgaged or encumbered, that such transfer had been recorded by him, stating the date and hour of such record; and, upon such entry being so made; the estate or interest of the transfcrror, as set forth in such instrumont, with all rights, powers, and privileges thereto belonging or appertaining, shall

WC ,&-'

to the transferrec; and such transferree shall thereupon become snbJect to and hablc for all and ewry the same requirements and liabirties to which heFould have been subject and liable if named in such instrument originally as mortgagee, encumbranuee, or lessee,

cstate, or interest, and the Registrar-Ge~ivral

shall certify

such endorsement by signing the same, and affixing his seal thereto, and every transfer, so certified, shall be receiwd in midence by tiny

-%.-

of Justice as sufficient evidence of its having been so'entered
of ,sale,, bill of m$ga_ge, bill of en-
or other instrument of transfer, for

<oTfhis

rlcf. thereesidl bc

(1.) That such transferring party hath good right and full powcr to

C__

L. .	0 + - 4 - - - ~ )

v	transfer a n E s u r e the estate and interest purported to be

,L)

.	-	L	transferred, and that free and clear from all encumbrances,
-------

- -	other than such as are therein mentGmd / ~ h a t it shall be - lawful for the party to G h o m s i i h estate or interest is trans-

(--A -*

ferred quietly to,enJoy the same, without any disturbance, by

(, L.

P - C _

any act - whatsoever, of such conveying party, or any person

claiming under - hiln2, or by aFrr5 t f1z l

act of any other

trmsferrin party will, at the cost of the arty

the s a w, d! all such acts and execute -all such in- as in accordance with the provisions of this Act may
be necessary to give effect to all m conditions, and purposes expressly set forth in such mernor~nclum of sale, bill

-z- -JZ

.,g

a-- .. -, 2.

+ *of mortpge, bill of encumbrance or trust, lease or other instru-

c X L

ment of transfer as a m o r b y

this ~ ~ t a r e d

to be implied

,g --.

.-.

.--

A	party in any such instrument. _

64. I n

without any deduction whatsoever:

.Mc. L d i ~ ~ !

/,/,L,-.

That the mortgagor will repair and keep in repair all buildings

or other lpp ro ren~~n t s

erected and made upon such land; and

f / / *, / <

/,, > y

t h a ~ r n o r t g ~ ~ g c e

may, at all convenient times, until such

LJ-

mortgage be redeemed, be at liberty, with or without surveyors

C ,. ._ 2-2L

or others, to enter into and upon such land, to vie=

inspect

., f2

c- -

,",f
the state of repair of such buildings or improvements.

65. I n every lease there shall be implied the following covenantk

I L	awainst the lessee, that is to say-

"p ----.

(1). That h e h i pay the rent thereby reserved at the times therein mcntioned, and all rates and taxes which may be payable in respect of the deinised property, during the continuance of the lcase:

(2.) That he mill lrcep aid yield up the demised property in good

+e,,+ o.L-----*-:&

A T

and tenantable repair:

"c A.qc2

D --

-
-

66. I n every lease thcre shall also be implied the following powers Powers to be implied

in lessor.

-X??

in the lessor, that is to say-
That he may, by himself or his agents, at all reasonable

times, enter upon tlw clemised property, and view the state of

/L.,

9 - 7 )2< ---<

A -

nc*L.. ,

./ -c,.,L,

repair thereof, and may serve upon the lessec, or leave at his --

last, or usual place of abode, a notice, in writing, of m y defect,

C c

/----'

-
++-H'*

regui;$ii%n, <?=in a Sasonable

time to be therein prescribed,

M-

'-- -l>/=-

-- m ,A+-25

c. L - a *. --

/.-z---

_ - W -

to repair

the same:

. -- -3

That whenever the rent reserved shali be in arrcar for t w e n t ~ E & F ~ ? - - ~ - - =	6 a-- d.- -	W+-	=-
one days, he may levy the same by distress: for the space of six calendar _ _ I I_____--_ months; or in case ilisurance as

aforesaid shall nTTave bccn cffectecl, or in case default in the"

t-of any co~enant ex&&y set forth in such 1rase;ls against the lessce shall not GVe becn repaired, or in casc the repaiq required by such notice as afores-aXsTal1 not have been completed w i t h three calcndar months after the service or leaving thereof, i t shall be lawful for him to re-enter upon the dernisgd nroueitv. and. w o n moof of such re-entrv. urider anv

, I 1

Z i m s t a n c c s, being made to the satisfaction of $.c Itegis trar-General, he shall note the same by entry in the register book, and the estate in the lessce in-such land shall ther&qon

122. I t shall be lawful for the Registrar to charge and receive F

such

+ 2

sueh fees as shall bc appointed by the Governor of the said Province,
by and with the consent of the Executive Council, not in any case
exceeding the several fees specified in the Schedule hereto marked T.
Commencement of

A C ~.

123. This Act shall cornmcnce and take effect from and after the

first day of July, one thousand eight hundred and fifty-eight.

SCHEDULES

SClIEDUTAES REFERRED TO:.

SOUTH'

[ R d y d Arms.]

A;LISTRXT,IA.

Certificate o f Title,

A B. , of (here insert desrrktion, and

certiJicate be issued pzrrstcant to any sale,

rrfcrence to mcmorandav~ of snle, reciting pnrticularsj is now seised of an estate (here state whethrr in fee si n p h ) subject nevertheless to such encumbrauces, liens, and in.
tercsts, as are notified by mcrnorantl~im endorsed hereon, in that piece of land situated

in the (County, ~u"*nZt;;'e%

or Tow,zs?z,jl) of

bounded on the (here set for.th boun-

daries, i n ch&s,.Zinks,

or feet), containing (hcre state arsa), be the same a little morc or

1:s~ /excln&ve 01' roads intersecting tIha same, if any), with right of way over (state

rights oj 'wcy, and other privileycs, or easemenls, if any); plan of which piece of land

is delineated in (mnrgin, or i~z map No. , deposited i n Registry Ofice), which said

piece of land is (or is part o f ) the ( C o m t r y Section, or

T o w n allotmant),

marked

,	delineated in the public map of the said (County, Hundred, or Township),

deposited in the office of the Surveyor-General, which was originally granted the

day of

under the hand and seal of

Governor (or Resident.

Commissioner) of the said Province, to C.D., of fhere insert de~criplion), as appears by (land grant, former certijcate, or other instrzcment o f title, describirbg them), now delivered up and cancelled.
In witness whereof, I have hereunto signed my name, and affixed my seal, thio
day of
Registrar-General (L,S..).
Signed, sealed, and dclivcred, in presence

the

day of

SOUTH

AUSTRA~JA.

kfemorandum

sale.

I, A.B., being seised of an estate {here skate nature of

tJte cstate or interest, whether

fee

simple or 17ye estate, or o f a greater or less descr+~tion

than a life estate), subject,

however, to such encumbrances, liens, and interests, as are notified by memorandum endorsed hereon, in that piece of land situated in the ( C'ounty, Huladred, or 2bwnshb) of, bounded on the (here set forth boundaries, i n chains, l inks, or feat), cun-
taining fhere state area), he the same a little more or less /exclusive ofroads intcr-
secting the same, v any), with right of way over (here state rights qf way, privileges, or easenaents intended to be convcyedj ; plan of which piecc of land is delineated in (margin, or i n map No. , deposited in the Begistry Qflce), which said piece of land
is (or is part o f ) the (Country Section, or Town allot went), marked, delineated in the public map of the said (County, Hundred, or Tozonsh&), deposited in the office of the Surveyor-General, which was originally granted the day of 9

under the hand and seal of

Governor ( o r Kesident Commissioner) of

the said

Province, to C.D., of ( imert descrGtion), in consideration of the sum of £	7
paid to me by E.F., of (here insert descrt$ion), the receipt of which sum I hereby acknowledge, do hereby transfer to the said E.F. (all my estate or interest, or a lesser
estate or interest, describiny such lesser estate) in the said piece of land. In witness

whereof I have hereunto sulscribec! my name this

day of

Signed on the day above-named, by thc

said A.B., in presence of G.H.

F 3

Sormr AUSTRALIA. '

Lease.

I, A. B., being seised of an estate (here siate nature of the estate or interest,

whether i n fee simple or l y e estate, ov of a greahr or less descr+lion than a l v e e s t a k j T
subject, however, to such incumbrances, liens, and interests as arc notified by memo- randum endorsed hereon, in that piece of land situatcd in the (Counfy, Hundred o r
Township), of, bounded 011 the (here set forth boundaries i n chains, links, or feef), containing (here s h t e area), be the same a little more or less (exclu- sive o f roads interscctiny the same, if any), with right of way over [here state rights

qf	way, prizdcges, or easemeats intended to be cowveyed}, plan of which piece of lard is

delineated

in f7nargin hereof, or i n map N o.

, deposited i n the Registry Oflce),

which said piece of

land is for

is part o f ), the (County, Section, or 2 b z m allotment),

markcd

, delineated in the public map of the said (County, IIutzdred, or Town-

s?+),

deposited in the office of the Surveyor-General, which nas originally granted

the

day of

under the hand and seal of

, Governor or

Resident Co~nmission

of the said Province, to C. D. of finserf descr$tion), do hereby

lease to E. F. of ('here	insert desrwjx'ion), all the said lands, subject to the follo~ving
-

covenants, conditions and rcstrictinns (Jwve set fiwth all spcriul covenulzts, $ ' a n y, and
-1 cownnnts declctpd by '<ICenl Property Art" to be i l m lied ac a i w t lessor and

l e~see

re$ectively

nre intended to be barred or moiI$ed

and in W a

a n n r i ), s h e i n

b y him, the said h'. F.,

as tenant, f o ~

the spare of

years, at the yearly rental of

, payable fhere inaert tet mns

c?f'payme9lt of

7 mt).

I, l?. F., of (here insert a'cscrl;.lfionj, do hereby accept this leave of the above rlcscribed lands to bc hcld bg mc, as tcnant, for the term, and suhject to the conditions, restrictions, and covenants above set forth.

Dated this

day of

Signed by the above-named A.B. as lessor, and by thc above-namcd E.Fs as lcssco,

this

day of

in prcscncc of X.

L	(S; gncil)	A.B. Lessor.
E. I.: Lcssee-

4 ---

Sour11

.kusrnar, r~.

Bill	dlortynyc.

1, A. B., bein

s-ised

f an estate (here stctte I M ~ U T I ~

of the esictt~

or in terest, tcrLe2hcr

in&-simpb or & e o f. u greater or less &so.i;,tion than U l+ estate), subject,
however, to such incumbrances, liens, and interests as are notified by nwrnorunda
endorsed hereon, in that piwe of land situated in the fCbzcnty, IIundred, or I'ozonsh$.)

boundcd on the (here setfbrtlb bo~~nc?ar3a,

in clmins,

l i nk s, o r, f e ~ t j,

con-

C"	taining fhere slate area), be the same a. little more or less (czc'lvsivr of roucls intersect-
ing the .mnzs, $nny), with right of wily over fhem sfatc rig?#ts of e r w p, privileges, or

.,&L

.---S

* --

casements npperi'rrh~ing) ;

plan of which piece of land is delineated in (nznrgh~

hrreof,

LUG .

A-&

or i ~ z

map N o.

, rleposited

the Registry Oflcs), which said piece of land is (or is

+ . /. ;L .-,Lh

part q,f) the [Coavty. Section, or Ybwi. aZloIment) marked

/'	, delineated in the public

map of the said (County, Elicndred, or To&sh2P), deposited in the office of the

p &-H

H -- Lr-r/t

Surveyor-Gcneral, which uas originally granted the

clay of

, undcr the

$g ,XG -&j

.f&---d

hand and seal of

/(=oz;emor or Resident C'ort~nzis~ioner)

of the said Province, to

C.D., of (inwrt dearription.)

rr- L v

In consiclcration of the sum of ;E

this day lent to me by E.F., of (here insert

description), the receipt of which sum I hereby acknowledge, do hcreby covenant with

.

P	the said X.F. that I will pay tu him, the said E.F., the above sum of, on the

day of

: Secondly, that I will pay interest on the said sum at the tatc of

by thc $100, in the year, by equal pagnients, on the

day of

, and

on the

day of

, in every ye:^: Thirdly (here aetforth special coz'enants, if

any are intended, and state whnt corenanfs declared

L ( RELIE

Property Act" to ba am-

plied ita 9tznrEgugcs are imkwded to be barred or modz$ed; and $ so, i n what manner.)
And for the better securing to the said E.F., the repayment in manner aforesaid of the said principal sum and interest, I hereby mortgage to the said E.?! all my estate

l	and interest in the paid land above described.

111 witness whereof, I have hcrzto signed my name this

day of

A.R., mortgagor.

Accepted, E.F., mortgagee.

Signed by the above-named A.B. as mortgagor, and by the above-namcd &.P.

/ L

mortgagee, this

day of

in prcscnce of G.I..

E

---

Bill of Encumbrarwe.
1, A. B., being seised of an estate (here state nature of the estate or iderest, whetAer
in fee s i m p b or l y e estate, or ~f G greater or less descr@tkon than a E@ estate), subject,
however. to such encumbrances, liens, and interests, as are notified by memoranda endorsed hereon, in that piece of land situated in the (Cbunty, Ilwzdred, or Towmhi13)
of, bounded on the fhet~e set forth the boundaries in d a i n s, links, or feet),
containing (here state the area), be the same a little more or less, fezclusive of roads
intersecting !he same, if any), with rights of way over (here state rights g way,
p r; u i l e p, or easements ~ p e r t a b k i n y ), plan of which piecc of land is delineated in

lmarg in liereof, or ha mcy, N o.

deposited in the Rggistry Ofice) mhich said piece of

land is for is part o f ) the ( County, Sectiou, or Town allotment) marked, delineated in the public map of the said (C'ounty, fIwzdrecE, or TozunsRip) deposited in the office of the Surveyor-Gcncral, which was originally granted the day of under the

hand and seal of

, Governor (or Resiclent Commissioner) of the said Yrovincc,

to C. D., of (insert d~scr@tlo?b~, and desiring to render the said land available for the purpose of securing to and for the use and benefit of E. F., (here stale the particulars
of the rcrrnuity or &&one9 desire$ to be secured, the times when, and the rcstrctions, limitations, conddivns, and contingencies zcncler zuhich i t is to he payable, and the par- ticulars ofu ty reversions or remainders desired to h p secured or appointed), Do there-

fort: ct over and appoint all my estatc in thc said land to be encumbered to the ex- tent h h a b l c for thc payment of the above specified sums in manner and subject to the conditions, restrictions, and contingencies, reversions, and remainders above

- -

~pecified-'

I n witness whereof I have hercunto subscribed my name this

day of

(Signed)

A.B.

Signed by the above-nn@	A.	B., in the prcscnce of X. Y.
SOUTH A ~ s r n ~ r ~ r n.

Bil l of

Trust.

I, A.B., being seived of an estate (here state nature of the estate or interest, whether i n f ~ e sitnple or life estate, or of a greater or less description than a E @ estate), subject
however, to such encumbrances, licne, and interests, as are notified by memorandum cndorscd hereon, in that piccc of land situated in the f County, IIunclred, or I'ozonsh+j
of, bounded on the fhwe set forth boumiaries, i n &ins, Zinks, or feet), con-
taining (here state area), be the same a little more or less (exclusive of roads inter-
scctiny the sarlae, uny), with right of way over (here state rights o f way, privileges, or casements appertairhyyl ; plan of which piece of land is delineated in (margin, or

is part qj) the (Country Section, or Totvm allotment), marked, delineated in

i n m a p No. , deposited zn the R ~ y i s t r y Ofice). Which said piece of land is (or

the public map of the said (Clouufy, IIundred, or Towmhip), deposited in the office of the Surveyer-General, which was originally granted the, day of, under

the hand and seal of

Governor for Resident Commissioner) of the said Province

to C.D., of (insert descr+tion),

desire to invest all my estate m d interest in the above

described land (or a lesser estate in the suid lands, specijyi~ag the nature and limitations of such lesser estate and all conditions, rastrictions, .Gmitations, and contingencies, re- versions, and remainders, to uh ich it i s desired to subject the same) in trubt for the

uses and benefit of C D. of, and do therefore transfer, set over, and appoint all

my estatc and intercst in the said lands (or so much o f m y estate and intevest in the

some as i s above limited and spectjied) to EF. and G.H. as trustees, to have and to hold the said estate and interest, in trust, for the uses and benefit of the said C D. , sxlbject to the conditions, limitations, restrictions, and contingencies, revcrsions, and remainders ahove set forth and suecified.

In witness whereof I have herkunto subscribed my name and affixed m	seal this
I accept the above trust E.F., G.11.

d q of

Signed by the above-named A.B. as proprietor, and hy the above-named

nnd

G.11. as trustees, this

day of

in presence of X. 1'.

G

SS)UTII AUSTRALIA.

Pozoer ofdttorncy.

I A. l?.,

be in^ seised of an estate (here state nature of the estate 02- irc&rcst;.

whether in fee simple or l$ csfaie, rlr of a greater or less clrsrrljltio~z than a estccte), subject, however, to such ineumbrances, lien$, and interests as are notified by memo- randum endorsed hereon, in that piece of land situated in the [C'~unty, Hzcndred or Townsh+), of, bounded on the (&ere set forth boundaries in chaim, links, or feet), containing (here state area), be the same a little more or less fexclu- s h e of roads ifitersectiny the same, any), with right of way over (here stnte mijhts

way, privilqes, or casements appertaining/, plan of which piece of land is

elineated in (margin hereof, o r in map NO.

, deposited b

the Begistry Oflee),

which said piece of land is for is par t of),

the (Cozmtry Section, or ?'own allotmenl),

marked, delineated in the public map of the said {C'ounty, Rundrecl, or Town- sh+/, dcposited in the office of the Surveyor-General, which was originally granted the day of, under the hand and seal of, Governor (or

Resident Commissio~~cr)

of the said Province, to C.D. of (insert descr+tior~/, do hereby

appoint C. D., attorney, on my behalf to (here state the nature and extent of

the

powers intended to be conferred, as whether to sell, base, movfgaye, &C.),

the above

described lands (or my ~ s t a t ~ and ir~lrrest in the above desrraed lnnds), subject, never- theless, to the restlictions and limitations declared and set forth a t foot hereof, and' to execute all such instruments, and do all such acts, matters, and thir~gs a.s may be necessary for carrying out the powers hcrcby given, and for the recovery of all rents and sums of money that may become or are nonr due or owing to me in respect of the said lands, and for the enforcement of all contracts, covenants, or conditions binding upon any lessee or occupier of the said lands, or upon any other person in respect of the same and for the taking and maintaining possession of the said lands, and for protecting the same from waste, damage, or tlespass.

I declare the above lands {or my estate or hitereat in the aho.r;e lawds), shall not be sold for less than ;E

, or uillcss upon the following conditions (here inse7.t

conclitions. if

any, to he imposed).

I declare the amount of money to bc raised by mortgage on the security of the

said lands under this power shall not exceed 3

, or be less than 3

and that the rate of interest at which the same is raised shall not exceed
for eVCTy g100 by the year.

1 declare the above land shall not be leascd for any term of gears exceed-

in g

, or at a less rcnt than 2

, or unless subject to the followinp;

covenants and restrictions (here insert rondtions, such as u:hether right of

purchuse

may be given, and a t whatprice, $C.,

&c*./

I declare that this power shall not be excrcisecl after the expiration of

from

the date hereof.

/ A 9 c,+,

In witness whereof I have herennto snbscribrd my name this

-- -

day of

Signed by the above-named A.B., this

day of

in presence of X.

SOUTH

AUSTRAL~A.

Registration Abstrnct.

I, A. R,, being scised of an estate (here state nature of

the c&& or interesf, whether

infee simple or Ife estate, or of a greater or less descr&tion than a l@ estate), subject, however, to such encumbrances, liens, and intermts, as arc notified by memoranda endorsed hereon, in that piece of land situated in the (County, H u ~ d r e d, or Tomfish+)

, bounded on the (here set forth

the boundczries ie chains, lifbks, or f ~ e t j,

containing (here state the area), be the same a little more or less, fexclusite cfrunds intersecliny the same, if any), with rights of way over (here state rights of tuay, privileges, or easements intended or apperfaindng), plan of nhich piece of land is delineated in / l~argin, or in map, No., dqmsitrrl in the Registry O$ice/, nhi&

said piece of

land is for i s par t O J

the (Couutry Section, or Tomz albtmentj marked

, delineated in the public map of the said (Cot(wfy, Huvdred, or Townsh+j deposited in the office of the Surveyor-Gcnerid, wbich mas originally granted the
day of
day of under the hand and seal of, Governor (or Residcmt Commis- sioncr) of the said Province, to C. D. of (iltsert descr+tion), request that a registration abstract of my title to the said lands may be granted, cnabling me to sell, lease, or

otherwise deal with the same at places without the limits of the said Province.

(Signed)

A. B.

To the Registrar-General

Signed by the above-named A. A., this	day of	in presence of X. Y.
1,

, Registrar-Gcneral of the Province of South Australia, do hereby certify that the above particulars d a t i n g to the above described land and to the estatc and intcrest therein of A. B., whose signature is above subscribed are correct as appears

by entries rceorded in the register book of thc said Provinrr, Fo.

vol. NO

Pursuant, thcreforr, to the above application and by virtue of p o n r ~ s

in me vested

by Act of the L~gisl~iturc

of the said Province, i - n t i t u l e ~ ~ T £ i e - ~ l

Property Act."

A / -

,T*

-:--{

This registration abstr,rct is issued for the purpose of enabling the said A. U. to deal	lCCI
with the said lands at places without t.he limits of the said Province.

This abstract slinll continue in force frXni the datc thereof to thc

day of

unless sooner delivered up.
In witness whereof, 1 have hereunto signed my name and append my seal this
day of
Registrar-General.

Signed, sealed, and delivered, the

day of

in the presence of X. Y.

Al~pZirrrtionfor Lrrnds to be brouyhd wider operation of

Act No. g

_ -

I, A.B., of

do decl+re (that l

a d,

or (on

(L.S.)

6~haEJ

, that he is}

seised in possession of an estate (here stale the description of

estotp,

~Itptlwr ill .fee-si?,lple or a lesser estate, or as trustre, or ?&eh! in Iruut for uses) in all that piece of land situated in (Itere s t c l t ~
l
the situation) bounded (]here state the
boundaries, t r n d thr l e t ~ g t h oj' each line of boundary, in chains and links, or in feet/, containing (here state avea), be thc same a little more or less, (exclusiue of roads

intersrr*ting the sanae, ij

any) with (hers state r;yhts oj' 7uiy and other p r i r ~ i l e ~ ~ s

casemewts nppertair~i?by),

plan of which piece of land is (drliwaterl in maryhz here?/;

mop Xo.

depmited in the lie,yistry Oj%e) which piece of

land is (the ~ O W T ~

ullotm~lzt

or country section, or is part of

t h ~

~OZC'?L

d~otrne%t

o r c o u ~

fry section) originally

granted to of by land grant undcr the hand and seal of formerly Governor or Resident Commissioner of the Province of South Australia. Date(\

the	day of	numbercd	in the plan of	the (district, oro towmsh&, 07
county) of

as delineated on the public znaps of the Province deposited in the

Survey Office in Adelaide: And 1 do furthcr declare, that I am not aware of any
mortgage, encumbrance, or claim affecting the said lands, or that any person-ha%
any claim, estate,or intcrcst in the said lands, at law or in equity, in possession or in ex-
pectancy, other than IS set forth and stated as follows, that is to say-(here stntepa?.-

ficulars of u-$~d

mortgayes, e?zczmh-a?ic~s,

czaims, or interests, if a~&y)-and I

make this solemn declaration conscientiously believing the same to be true.

Dated at

this

day of

Madc and subscribed by the above-named

this

day of

in the

presence of me

Registrar-General or Justice of the Peace.

I, A.B., the above declarant, do hereby apply to have the piece of land
described in the above declaration brought under tbe operation of

&_It-Nl -af18

Dated at

t h i ~

day of

A.B.

Witness to signature-C.13.

Notice of

vece+t

Application for L a n d 5 to be brought under operation OS"

A c t No.

o f

or for

the reyistration of transmission.

Whereas

hath made and subscribcd a declaration before

/'(L.s

(Registror- General or Justice 4

the Peace} setting forth (that he is, or on

behalf of

that he is} scised of an cstate in (here recilr theparticu,'ars

, and hath made application to have t

of Council No.

of 18

. -

Notice is hereby given, that, unless within the sp
hereof, caveat be lodged with mc by some person having estate or intcrest in the said land3 or by some person duly authorized on behalf of a person having estate or

Z e s t therein, I will proceed, as by law directed, to bring the said	L-
under the operation of the said Act.

Dated this

day of

at the Registry Office, Adclaide, South Anstralia.

(Signed)

Xegistrar-General.

Warrant of Lands Tiritlas Commissiomrs.

Whereas A.B., of

hath, by application No.

, dated the

day of

requested that the lands therein described

be brought under the operation of the Real Property Art, and the said appljca- tion has been rcfcrred to us by the Registrar-General, we hereby direct that publication of samc be made in the following manner, that is to say for 2 0 c 1 $. n d no su f l i en t grounrls
to entitle h im to be recognized as holding fee-simple estate i n the said h t r l s ), and in case
no caveat be received by the Registrar-General in respect to such lands on or before the

day of

, we direct the Registrar-General to take such steps as are

by law directed for bringing such land under the operation of the said Act.

::fz,

Lands Titles Commissioners,

Dated this

day of

185

Caveat.

Take notice that I,

claiming cstnte or interest (here state fhe nntz~re

o f the

estate or interest claimed and the grounds ota which such CZC&L

i.s jbundm?) in l m d ~

described as (here state particzdnrs c?f

drso+tion f rom declaratiox of

Apyiicant) in

notice dated the day of advertising the same as land in rcspwt to which claim has becn made. to have the samc brought undcr thc operation of Act of Council No. ' , of 18 ,'intituled the Real p r o p 6 Act, do hereby forbid the bringing of the

mid lands unde-ratiori

oi the saicPAct.

this	dav of
. .-

i

Signed in my presence this

day of

To the 13,egistrar-General of the Provincc of South Australia.
/

Ea 6-	i'*'	[ * '. L
,----C--,

Notice of Lung: brought under Act.

Whereas A.B., of

claiming to be seised of an estate, in

the lands described at foot hereof, has applied to have the said lands brought under tG'oyeration of the Real Property Act, and such claim having been duly ndvertiscd in manncr prescribed by the said Act, and no caveat in respect to the said lands having been received by me within the time for that purpose by the said Act limited: Now I, of, Registrar-General by virtue of powers by the said Act in me vested, do hereby declare the said lands to be lands brought undcr the operation of the said Act, from and after the date hereof.

Uiven under my hand the

day of

185

Registrar-General.
N

DecZaration o f Owner taking

by Transmissiotz.

1
of
declare that
the ~roorictor of rhere describe
.-

the property and state the nature of the estate or i n t i r e s trnnsmitied) (died at
,
in the
, h u v i n g j r s t duly made his will, d d e d the
, wl~ercby
hp appointed me ezeczctor, nrzd I p r o m d his said will on the
(if
day of
i n the Court qf
), or (died at

the

on the

intestate, and that l e t t~rs

of udminist~atiwn

of his estate and

day 0s
cferfs were on the ?f duly granfrd to me by the Court of ;l
or we declare that C.D. the proprietor of (here describe the propwty and state the ntr-
ture of the esttcte or interest tra?tsrru'tted) was on the day of (duly ulljudyrd a b n ~ t b r y t ), or {durlwed i~zsolvent), and that wc werc on the day of "P - pointed assignees of the said C.D., and we are by lam entitled to be registered as pro-
prietors of the said land (or of his interest therein as c h v e described;] or [ I declare

that on the

day of

I intermarried with and am now the husband of

C.R.,

the proprictor of fhrre dcscribe properf,y and estate or interest t h ~ r ~ i a fmnsmitted), and

L	I declare that on such marriage the interest of the said C.D. became by law vested in me, and that I am entitled to he registered as proprietor or the said land or of her intercst in the said land. And I make this solemn declaration conscicntiously be- lieving the same to be true.

(Signed)

Dated at

the

day of

Made and subscribed by the above-named A.B., in the presence of me.

(Signed)

(Name qf'the R e y i s t r. ~

or Justice of the

Pence acling i,u a~zdJbv

Tr.ausf& of

Mortgage, L r a s ~,

or Encumbmnce to be 9

o~~enchh<o~z Original Mort-

gage, Hill oj ' Zncumbrance, or Lease.

I, the within-mentioncd C.D., in consideration of &!

this day paid to me by

X. Y. , of, the receipt of which sum I do hereby acknowledge, hereby transfcr to him the estate or intercst in respect to which I am registered as Proprietor, i s sct forth and c r 6 i ~ $ b F ~ ~ % ~ % i n - r n r i t t c n security, together with a U m E i j m,

powers, estate, and Inte!est

therein.

In witness whereof I have liereunto subscribed

my narneTEia

day of

(L.W /

C', D.

Signed by the above-named C'. D., in the presence of E. F.

the

day of

Caveat fohiddzng registration oj' conk-act f o ~

dealing with estate or interest in futuro.

To the Registrar-General of South Australia-

Take notice that I

claiming estate or interest ( / m e state the ntrture of the

estate or interest claimed, and the grozrnds on '~vhich

such claim is fotnzdc~l/ in ({here

clewribe lu~lcl/

forhid the registration of any memorandum oi sale, or other instrument,

made, signed, or executcd by ( / m e inserf m m e a

add?

r w ojprraon suppos~d

to haz'e

made, or susp~cted of be in,^ a6out to make, such memorandum of sale or ot l~er instrument)
affecting the said land, until this capcat be by me, or by the order of the Supreme Court, or some Judgc thereof, withdrawn. Dated this (licre a'mvrt dafe of cureat) day

S O ~ T R

AUSTRALIA.

Rewocation Order.

I, A.B., of

being seiscd of an estate / ' I L P ~ ~

state nature ?f the

estate. whefher in fee simple or of a less descr+)tiorz) in all that piecc of lard (Itere
describe land) hereby revoke the power of mortgaging (or selliny) the said land

given by me to	by a power of attorney datcd the
day of

In witness whereof, I have hereunto subscribed my name and affixed my seal, this

-------

day of

(L.S.) .

A.B. of

I, MA'., Registrar-General, hereby certify that the above-named proprietor has executed this revocation order in mnnncr above appearing.

(Signcd)

Registrar-General.

CertLSficate of Registrar- General, Justice of the Peace, &C.,

taki~i-y

declarntio?a of a t t e s t i y

u9it~1rs.s.

Appeared before me, at

the

day of

C B. , of

, tlie attesting

witness to this instrument, and acknowlcdgcd his sigmture 10 the same; and did

)Pz, A?&

O N / -

further declare, that A.B., the party executing the same, wab personally known to him, the said C!D. ; and that the signature of this said instrument is the hand-writing

' 6

- 3 54%

of the said A.B.

(Signed)

Registrar-general, or J. P.

Cert$rate of Registrar- Gelaeral, or Justice of the Pcace, &fore whom instrument may

h a w hwn executed by the payties thereto.

Appeared before me, at

the

day of

, A.B. of

the party

executing the within instrument, and did freely and voluntarily sign the same.

(Signed) -

- ---=l,

or J.P.

Fees payalle to the Rellistmr-General for the perforrnanc of the seaeral acts, rnat lw~,

C A I L ~

things herein spcz$ed.

g S. d.
For the bringing land nndcr the operation of this Act, to bc paid to the
Lands Titles Commissioners, as provided for by Scc. No. 11, ovcr and

above the cost of all advertisements herein prescribed, to be in such case

pub&d

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

.D..

.. .. .. .. .

l 0 0

R e c e i s and noting of

Caveat

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0

Registering Memorandum of Sale, Bill of Mortgage, Bill of Trust, or Encum-
brance, or Lease ............................................ 0 10 0

For registering Transfer of Mortgage or of Encumbrance, or Release of

Mortgage or Encumbrance, or the Transfcr or Surrender of a Lease. . 0

Registering Declaration of Ownership taken by Transmission ............ 0 10	0
For every Certificate of Title ...................................... l 0 0

For every Power of Attorney ............................,.........

0 15 0

For every Registration Abstract .................................... 0 15

For cancelling Power or Regiritration Abstract ........................ 0

For every Revocation Order. ...................

;

................... 0 10 0

Provisional Certificate of Title,. .................................... 1

0 0

For every search ................................................ 0 3 0
Including the printed forms for each case prescribed to be used by this Act or by

any regulation made in accordance with t h i ~	Act ; 2s. 6d. extra to be charged for any
such instrument drawn on parchment.

G
Adelaide : Printed by W, C Cox, Go~ernment Printer, Victoria-square,