Real Property Act 1858 (SA)

ANNO VICESIMO SECUNDO

No. 16.

An Act to amend'the Real Property Act.

[Assented to, 24th Dreember, 1858.1

HEREAS an Act was passed in the twenty-first year of Her Prcarnblo.

lv pesen: +je*

Queen Victoria, nu&&ed

15, and intituled

An Act to slrnpllty the Laws relating to the transfer and cncum- brance of freehold and other interests in Land;" and it is cxpedient to amend the said Act-Be i t thcrefore Enacted, by the Governor- in-Chief, of the Province of South Australia, with the advice and consent of thc Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

f%~-

, z L f i:

1. In referring to this Act i t shall be sufficient to use the ex- Short title.
pression c c The lteal Property Law Amendment Act."

2. From and after ---

the commencement

of this Act certain portions

~ e p c d. wctions and

A 3

of the said Act, No. l 5 of 21st Victoria, being the sections or parts g ~: $ ~ ~ c ~ ~, ( ' ~ ~ ~ ~ ~ -	p---	-
of sections specified or recited as follows, shall be and are hereby fied or recited.

repealed, that is to say-the

scctions rlumbcrcd 14, 15, 16,17,24,2i,

29, 31, 33, 34, 37, 38, 39, 40, 41, 42, 43, 41, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 69, 60, 61, 63, 66, 68, 69, 70, 72, 73, 77, 84,86, 88,91,92,93, 94, 95, 96, 97, 98, 100, 101, 102, 103,104, 105, 106,107,108,109, 110, 111, 112, 115, l l$, 122; part of section numbered 3, as follows, that is to say-the words "or Bill of Trust ;" also, the words ' Instrument' shall mean and include any land grant, certificate of title, or other document in writing, relating to the transfer, encumbrance, or other dealing with land ;"part of section num- bered 23, as follows, that is to say-the words "hereinbefore directed to
be publishcd;" part of section numbered 81, as follows, that is to
say-in rule 3, the words W henever the power contains a specifica-
tion of the place or places at which, and a limit of time within

G 2

which,

which, the sale is to be exercised ;" and in rule 7, the words " with the sanction of the Lands Titles Commissioners;" part of section numbered 99, as follows, that is to say -the words " with the consent of the Lands Titles Commissioners;" part of section 114, as follows, that is to say-tPhe words " shall be on a scale of not less than one inch to the chain, and; " and also the schedules to the said Act marked respectively E, F, K, N, J and T.
Enacting scctions of

this Act to be read	3. The enacting sections of this Act, numbered 4 to 93 inclusive, tion of the said Act, and shall have the same force and effect that would be given to them had they been embodied in the said Act at the passing thereof, and the sections hereby repealed, omitted therefrom.
with Real Property	and also sections n u ~ b e r e d 95 and 96, shall be read as forming yor-
Act.

Definition of word	4. The word "	instrument" shall mean and incluck any land
Instrument.

grant, certificate of title, conveyance, assurance, dccd, map, plan, will, probate, or exemplification of will, or any other document, in writing, relating ta the transfer, or other dealirg with lands.

Oaths of office.

5, The oath following, sllall be taken before one of the Judges of the Supreme Court, by the Registrar-General, and by each Deputy Registrar-General, after the passing of this Act; and by every Registrar-General and Deputy Iteg~strar-General to be hereafter appointed, before entering upon the execution of his ofice-

I, A. B., do solemnly swear, that I will faithfully, and to the best of my ability, execute and pcrform the office and duties of Registrar-General, or Ucputy Registrar-General, for the Yro- vince of South Australia, according to the provisions of the

Real Property Act.

So HELP

ME GOD.

Further powers of

Registrar-General.

6. The Registrar-Gencral may, upon such e~idence as shall appear to him sufficient in that behalf, correct crrors in entries made, and supply entries omitted to be made under the provisions of this Act: Provided always, that in the correction of any such entry, he shall not erase or render illegible the original entry; and shall, on correcting or supplying any entry, qffix his initials thereto; and

every correction so made, and omission so supplied, shall have the

like ~ralidity and effect as if such error had not been made, or such entry omitted, except as regards any assurance or instrument which may have been entered in the Register-book, previously to the actual time of correcting the entry or supplying the omitted entry. He may enter caveat on behalf of any person who shall be under the disability of infancy, covertun, lunacy, unsoundness of mind, or absence from the Province, or on behalf of Her Majesty, Her heirs,

or successors, to prohibit the transfer or dealing with any land

belonging or supposed to belong ta any such persons as herein-

before mentioned.

Lands granted prior

to the day on which

7. Land, in the said Province,

the

grants of which

"ay

have been

fox

&is Act to -.

come

into

operat.ion,

this

oomas i o ~ signed prior to the day appointed

c7 c"

A.. &-

(whether

A #, P

(whether such land shall constitute the rntire or only part of the operation

brought under

illny br

the

land included in any grant), may be brought uuder the operation of oreralion ofthis ACL
this Act in the following manner, that is to say-the Registrar-
General shall receive applications, in the form of the Schedule hereto

6 - 2

-6--,d.

~ n n e x e d ~

marked I, or in words to that effect, for bringing land under

the operation of this Act, if made by any of the following persons, &	dd--.
that is to say-

any person (claiming to be the person) in whom the fee simple

of the land is vested in possession, either at law orhih eqt~ity,

and not bei=or%a&

Provided that, wherever trustees

s e i s e K f e e simde have po express power to sell the land which thcy may' s e h to K n g hnd& the operation of this Act, the pcrson claiming to be beneficially entitled for the first life-estatc, or other grcater estate t,han a life-estate, in the said land, shall consent in such application.

any person claiming to have contracted to ~ u r c k s e

the fee

of any land, but ?lot 11avin~'obtained a & w e ance-ome
said land: Provideckht the vendor of t ie said land shall - +

conscnt

h_l_-

in s u c ~ l i c a t i o n.

anv wrson claimin,rr to bc entitlcd beneficially to land for a life-

.' *

cstntc, or a greater estate than n life-estate, in possession.
any married woman beneficially entitlcd to land for a life- esti~tc, or a greater estate than a life-estate, in possession: Provided that the husband of such married woman shall con- sent in such application.
the father (if he sh;dl be living), or (if the fathcr shall be dead) by thc mothcr, or other guardian of any minor, in thc name of such minor.
the committee or guardian of any lunatic or person of unsound
mind, in the name of such lunatic or person of unsound
Undivided shares and

Provided always, that the Registrar-General shall not receive such application from any person claimil~g

mortgaged lands may

to be entitled to an	not be brought under
Act, cxcept upon oon-

undivided share of any land, unless the persons who shall	ditions.
land shall join in such application with a view to bringing appear to be entitled to the other u n d i d e d shares of the said	the entirety of the said land under the operation of this Act;
nor shall the Registrar-General receive any application from the mortgagor of any land subject to mortgage to bring such land under the operation of this Act, unless the mortgagee shall consent in such application.

8. And such applicant shall, at the time of making his application, deposit with the ltegistrar.Genera1 all instruments in his possession,	Applicant to deposit
instruments of title.
or under his control, constituting, or in any way affecting his title
to such land, and also, if rcqnired, an abstract of title, in which he	And al)strrtct, if
shall set forth and describe evcry instrument constituting or in any	required.

way affecting his title to suchw

land, with the names land so fhr

shall bewithln his knowledge the addresses of all persons, if any,

. -

seised
seised or possessed of any estate or interest in such land at law or in equity, in possession or in futurity, or expectancy, whether a life estate, or of a greater or less description than a life estate, and stlall mtke and subscribe a declaration to the truth of such abstract, or if such applicant be the sole and only person having estate or interest in such land, then he shall make and subscribe a declaration to that effcct.
9. Upon the receipt of such application the Registrar-General

Lands

uent granted

to Registration

subsee

% t o r ~ m, when ap- slqll refer the same to the Lands Titlw ~ommisshners	for thcir
plicant proprictor is

original grantee an2	consideration, and if it shall appear to such Commissioners that the
notr~nsactionvhave
taken place.	applicant proprietor is the original grantee of ihc land in respect to which application is made, and that such lmd has been granted on or subsequent to the first day of March, one tliousnnd eight hundred and forty-two, and that no sale, mortgngc, or ot lm encambmnce or transaction in any way affecting the titlc to such land has at any time been registered in the said Province, then, anti in such case it shall be lawful for such Commnissiol~ers to direct the Registrar- General to bring such land under tllc opcratiou of this Act forth-

~; ~; t $ ~ ~ 2 ~ ~ t 0 with; and if it shall appear to the satisfaction of the said Ccmmis-

1842, when applicant sioners that the land referred to in such application was grantcd

proplictor nal grantee is and no torig'- mort- prior to the first day ofJIarch, 1842, or that the title of the appli- gages are sntmGcd or cant to such Imd has not been derived b~ transmission, and that

parties thereto are also

parties to applicutiun every moqtgage, cncumbrancc, or be~cficial intcrcst affecting such

nnd no transmiaions tzeTaswbeen released and satisfied, or if any such mortgage, en-

have taken ~ I R c P. .

__C?

cumbrance. or interest remains unsatisfied. that the rmrtics interested therein are X s o parties to such *ion, t h p knd in any such case the said Cornn%ion~:~s Shalt- r tkcbthe cgistrar-General to. cause notice of such application to be adwrtised,-bxe in the South Australian Gouemnzent Gcixette, and t h e times in at least one news- paper published in the City of Adelaidc, and shall further limit and appoint a time not lcss than one inonth nor morc than twelve months from the date of the advertisement in the South Australialz Goz;emme~tt Gazette, upon or after thc expiration of which the Registrar-General shdl, unless he shall in the interval have received a cavcat forbidding him so to do, pioccccl to bring such

m e n evidence of

land under the operation of this Act:

title is not clear, or

Hut if it shall appear

transmissions h a w	to the satisfaction of the said Cornlni ssioners that the a@-
taken place, or parties

interested in unsntis- cant's title to such land has been derived by transmission, Lr
fied plo~tgagea are n o t that- any parties interested in a n y - u s a t i s f i e c I ~ n ~ ~ o r encum
padea to the appl~ca-

brance affecting txe t i t l e to su&

lan*

any other party, bene-

tion.

ficially interested therein, are notsar t ies to such application,..gr that the evidence of title s e t m h by= applicant proprietor is

- ---

~qqg&,& it s h m a w f u l for such Commissioners to direct the	Registrar-General to rejcct such application altogether, or, at their
discretion, to direct the Registrar-General to cause notice of such application to be published in the South Australian Government Gazette, and in the London Gazette, and in the Oficial Gazettes of each of the Colonies of New South Wales, Victoria, Tasmania, and New Zealand, or in any one or more of such Gazettes, and the said Commissioners shall specify the number of times, and at what

intervals,
inte~rals, such advcrtiseinent shall be published i11 each or any of
such Gnvettes, and shall also limit and appoint a time, not less than

two months nor more tlmn three ycars from the date o

-L

c ~ a d v c r t i s e m e l i t s

in the South Austmlian Gouernment Gazette,

upon or after the ex:pii:ation _ _ _ - of which, it shall be lawful for the l3EXiZar-(;Fer~er:tI to bring. sucli land under tlic overation of this

Act, unless he shall m thz interval' liavc rcccived a caveat, forbid-
ding hiin so to do,

10. The fkgistrar-General shall, under such direction as aforesaid, Noti~e

of application

or under any order of the ~upreine Court, cause notice to be pub- to be published.
lished 'in such manner us by such direction or order may bo
prescribed, that ayplici~tion had been made for bringing the land
therein refencd to, u d e r the operation of this Act; and s11a11 also
came copy of such notice to be posted in a coi~spicuous place in his
office, and in such othcr places as he may deem necessary; ancl shall
proceed, by ilotice, publisl~lrd in the South Austral ia~ Gouernmmzt landr

G ~ x t t c,

to brinp the liind referred to in such application, under the the Act by notice in

provisions of tlus Act, unless withill the time limited in such direc- ,,,,,	the Government Ga-
tion,or under m y order of thc SuprcmeCourt, he shall have received
car-eat, aq Iicrcinaftcr clcscribed, forbidding him so to do.

l 1. So soon nr ailT land has been brought under the o )eration of this Certificate of title to

+-'A'-

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/lL,

be issued when land y'f O .

. ,d

-4ct, tiic ~ ~ ~ ~ ~ i s t r i ~ r - < e i r l

shall malw out an

c ivcr to t e ii

licant is

brought lrnder

I: ,c

uronrictor a, certificate of title to tlic samc, in form or to t le e ect operation of t h e A%,':

&PT-

.. . +

-4,

, >

f /L\*-

Lerknafter dei.ciibed, and mery snch certiacate of title shall contain

. E

P,,,

a reference to the original grant of such land, and the Registrar-
Cieucral shall stnlnp as cancclld every instrument of title deposited

by sucir proprictor, when making his application: Provided that, if Inrtrumcnta of titlo,

,d ..

any grant or 0 t h

instrnincnt so deposited shall relate to or include if they include other

f, 6

any property, wl lc~t l~c~

personal. or real, other than the land included pr0pe*y9 to b!

re-

/A. -2 -:;"'-2&

turned to applicant

,, ,c,_, ,

ill snch cwtificntr of title, tlwn the Registrar-Gcneral shall endorse proprietor.

A *l

E.? u&..-z:

on such grmt or other in~trument

a memorandurn setting forth that

?A---/+~

-- -

- -

the said grant or instruulent is cancelled, in so f a

only as relates to the

land iil~ludc'd in S U C ~ ccrtificatc of title, and shall return mch grant or other instrument to such proprictor, otherwise he shall retain the

the husband of any married wonian, or of the guardian or Committee	same in his office: Provided, also, that the powers or authorities of
of any minor, lunatic, or pcrson of unsound mind, shall in no wise be altered or abridgcd, in consequence of the issuing of any certificate of title in the namc of such married woman, minor, lunatic, or pcrsou of unsound mild.

12. In casc an applicant proprietor shall die in the interval be- Certificate oftitle to

issuo in name of de-

tween the date of

l l ~ ~ a p p l i c a ~ i o ~

to bring land under the operation c,ed

,ppauant

pm-

of this Act, and the date d i e n he shall be entitled to receive a cer- prictor, unless Regis*

trar-General shall-

tifieatte of t'itle to stmh land, the certificate of title shall be issued in	notitiaofhi.
the name of such applicant proprietor, unless the Registrar-General death.

shall have received notice in writing of tllc death of sbch applicant f cred with thereby,

fiucuession not intcr-

proprietor from his legid persoud represcntstive, heir, or devisee;

and such land shall devolve in like manner as if the certificate of title

had been issued to the applicant proprietor prior to his death.

H 2

13. Upon

certificate of title to

13. Upon receipt of such notice of the death of an applicant pro-

be issued to legal

of	prietor dying as hereinbefore is mentioned, the Registrar-General

a~~j l i cant~ro~r ic tor

deceased.	may, upon like proof as is required to be made before him in the case of transmission by the death of the registered proprietor of any land, issue a certificate of title to the legal personal representative of
such deceased proprietor, or other purson legally ontitlcd to receive
certificate of title for such land under the provisions of this Act, unless he shall have previously received a caveat forbidding the issue of such certificate of title, and the cavcator shall in such case take such proceedings as shall be necessary for establishing his right or claim to the estate, or interest claimed by him; and such caveat and the proceedings thereunder shall be subject to the provisions in this Act provided for the case of caveats forbidding the registration of transfers, transmissions, or other dealings in land under the operation of this Act.
Baaindermen may

be registered as such. prietor in respect of a life estate, or m y other estate less than an

14. Whenever a certificate of titlc shall have been issued to a pro-

estate in fee simple, in land under the operation of this Act, the person entitled as remainderman to the said land, may apply to the
Registrar-General to be entered in the register-book as a remainder-
man, and the Registrar-General shall thereupon, cause the title of such applicant to the estate or interest claimed by him to be investigated; and shall cause advertisements to be published in manner hcreinbefore prescribed for the case of bringing land under the operation of this Act, and shall proceed to eater the name of such applicant on the register-book, as remainder~nan of the estate or interest to which he shall appear to be entitled, unless caveat, forbidding such entry, shall
be received by him within the time for that purpose limited in such

Name of remainder-	direction or by any order of the Supreme Court; and the Registrar-
man to be endorsed

on certificate of title. duced to him for that purpose, a memorandum, setting forth that such	General shall endorse upon the certificate of titlc of such land, if yro-
applicant had been entered in the register-book as such remainder-
Remaindermnn on	man, with the day and hour in which such entry had been made;
being registered to	and the Registrar-General shall in every such case receive the same
contrtbute to	fees and payments, including the sum payable to the assurance fund,

assurancc fund.	as are required to be paid by persons applying to bling land
under the operation of this Act
RemaincIermanrcgis-

tered as such, pro-

15. Every remaindcrmnn and cvery Ferson deriving, throngh a

hibited from dealing remainderman, registered as such in the register-book, shall, there-

manner prescribed	withcstatc)exccpii~ after transfer, mortgage, encumber, or otherwise deal with the estate
in thia AC~, or interest, in respect to which he is so registered, in manner and by

the use of the instruments and forms by this Act, prescribed in each case for the transfer, mortgage, encumbmnce, and other dealing with land, under the operation of this Act, and not otherwise; and the Hegistrar-General shall enter the particulars of evely memoran- dum of sale, bill of mortgage, bill of incumbrance, or other instrument duly executed by such remainderman, or person deriving through a remainderman, affecting the estate or interest in respect to which he is registered in the register-book, in n~ anner hereinafter prescribed
for

for the case of transfers, mortaa~es, encuinbra1ices, and other deal-

b e

ings in land, under the operation of this Act: Provided always that to unregistered

notto

nothing hcrcin coiltairiccl shall be construed to invalidate any deed, remaindcrmm.
conveyance, or assurance, which a remainderman may have executed

in respect to his estate or intcrest in such land prior to his being
entered as such remainderman in the register-book.
16. Upon proof, to the satisfaction of the Registrar-General, that ~ ~ ~ ~; ; ~ ~; ~ ~ ~ ~ a i n -
the life estate, or other less estate than an estate in fee simple, in dcrmma,,,onasi,is
respect of which a certificate of title of land shall lmvc been issued ~ ~: ~ ~ n "; ~ ~ p ' ~ ~ ~ i, " ~ ~
to any person by the Ileg.istrar-Gencrill, is determined, or has become and to purchaser

vested in the person entltlcd to the said land for the estate next in enti"cd	estate in fee present	simple.
remainder. or ttrat a unrchaser is absolutclv entitled to thc said land for a pesrilt rstatc il;fee simple in possessi&~, it shall be lawful for the Registrar-General to cancel the existing certificate of title of such land, and, in lieu thcrcof, to issue such new certificate of title of the said land as the nature of the case and other circumstances may render necessary; and thc Registrar-General shall, in such case, enter in the register-book, and on the certificaic of title, when delivered up, the particulars by this Act prescribed to be entered in the case of cancel- ling a certificate of title consequent on a transfer or transmission: Provided also, that previous to issuing: any such new certificate of title of such land as hereinbefore ~iwirtloneil, the Registrar-General may, require the title of the person claiming to bc entitled in rc- mainder to the said land to be investigntccl, and direct advertise- ments to be puldished in any such manner as is hereinbefore pre- seribccl for the case of applications made for the purpose of bringing land mder the operation of this i4ct; and shall receive the sainc fees and payments, including the sum payable to tllc assurance fund, as are required to be paid by persons applying to bring land under the opcratiou of this Act.

17. Two or 11101'~ pcrsons who nzny be registered as joint pro- Personsregisteredaa

joint proprietors to be

prietors of an estate or interest in land under the operation of this . omt

. tenants.

Act, shall bc dccmed to be entitled to the same as joint

tenants; G c n a n t ~

in common to

receive each a distinct

and in all cases where two or more persons are entitled as tenants in cmtifimte oftitle.

common to unclivided shares of or in any land, such persons shall be
bound to receive separate and distinct certificates of title, or other
instrument evidencing title to such uildivided shares.

other imtruinent transferring, or ill any way affecting land under cutedin duplicate.

18. Every grant, certificate of title, memorandum of sale, or ~ ~ ~ ~ ~ ~; ~ ~: $:

the operation of this Act, shall be executed in duplicate, and the
Registrar-General after reg.istcring the same shall retain in his office
one original of every such instrument, and shall deliver the other to

thc person entitled thereto, and every land grant, and every certi-

~: ~ ? f i 2 i T

ficate of title to such land shall be deemed and i

aken to be regis- when embodied in

tered under the provisions and for the purposes of this Act so soon "I+'
as the same shall have been marked by the Registrar-General with
a folio and volume as embodied in the register book; and every Other instrumentB

memorandum of sale, or other instrument as aforesaid, shall be registered when par-

ticulars thereof are

deemed to be so registered so soon as the particulars thereof shall enteredontheregieter

h a ~ e

book*

h a w becn cnteretl in the register book in mnnncr flereiidbr tlcs-
cribed.
Inntruments effectual

when entered in the	29. So soon as the particulars thereof shall hare been entered in the register-book, evesy instrument drawn ill any of the sewral forms provided in the Schedules to this Act, or in any form which the Registrar-General may deem it requisite and espeditnt to snr:cticn for transferring, mortgaging, leasing, or other~vise dealin6 with land under the operation of this Act, or for creating, transferrmg, surren- dering, or cliscl~argin~ any estate or interest in thc said lar~d, shall,
register book.
7Jpon entry o f pnr-
ticulars. instrument	for the purposes of this Act, be deemed and taken to be embodied in
deemed to be part of	the said register-book as part and parccl thereof, and the estate or
register-book.	interest ~nentioned in such illstrulnent as to be transferred or otller- wise clcalt with or affected, shall thereupon pass, and bc vested in manner directcd in such instrument, sub,ject to such conditions and covenants as may therein be expressed, or as are by thi? Act derlared to be implied in instruments of the like naturc, and such instrument when so constructively embodied, as aforesaid, in tllc register-book, shall have cyual mliclity and effect as m y deed or instrnmcnt here- tofore exccutcd and used for the purposes aforesaid, and shall crcatc and impose the like obligations on the persons siguing the s m ~ c, and shall also continue in force for the like period of time as any dred or other instrunient mark to secure the pnylncnt of nnp spccialty debt.
Certificate of title 2nd
entr;r iri register book	20, Kotwithstanding any error or omission in the obsen anre of any formality herein prescribed to be observcci in bringing land undef the op'eration of this Act, and csccpting in the case of
indefeaslblc tltlc,

frauLk, and so far as rcgards an?; wrong ilescription of anjy'land, & of its bo~mdaries, or the omission or niisdescription of any 1-ight-of-way or otlicr cascmcnt, creatccl in, or existing n p n, ally land under the operation of this Act, cwrp certificate of title or c n t q in thc register-book, signer1 by thc Rcmistrar-Cicneral, shall nbsolutelr wst the estate or interest in tlir ~a~%Tie"h%-*n~ioncd,

in the manner and to the eff'cct expressed in snc.11 cr~tificatc of title or entry, and the registered proprietor of such estate or interest ill the said land, shall be secure from eviction or disturbance or adverse

claim, iu respect of any estate, right, or interest in the said land,

which is not declared in such certificate of title, or entry on the

per centage or gd. in

21. Upon the fi9t

bringing of m y laud under thc opcmtion of

j ~; ~ U $ ~ ~ ~ f ~; ;, d

this Act, wlwther by the alienatcon thereof from the-11, Eton-

sequent uFon the application of the proprietor thereof, a s S e i n before provided, and also upon the registration of thc titlc to any land under the provisions of this Act, derived through the will or intestacy of a previous proprietor, there shall be paid to the Registrar-Genera1 the sum of one halfpenny in the Ponnd sterling on the value of such land; and in the case of land. brought under the operation of this Act by alienation from the Cronra, the price paid for such land shall be deemed and taken to be the value thereof for the purpose of levying such sum of one halfpenny in thc Found, and in all other cases as Aresaid such d u e shall be ascertained by the oath or solemn affirmation of t h ~ applicant proprietor, or

person
per~on deriving such land by transmission: Provided always that if the Tlegistrar-Gcnerttl shall not be satisfied as to the correctness of the d u e so declared or sworn to, it shall be lawful for him to require such applicant proprietor, or person deriving such land by transmission to produce a certificate of such value under the hand of a, sworn appraiser, which certificate shall be receij ecl as c.onclusive evidence of such value for the purposc aforesaid.

22. Evcry memorandum of sale f o r tlie trmsfw of land under the ~ ~ ~ ~ ~ t i o n

operation of this Act, wllen chly ~xecuted,

shall be producecl to thc

Registrar-General, who s l d l thercul~on

enter in the register-book, the

name, residence, ancl tl~scription of the vendor, or of each wndor, if more than one; the name, resiclcnce, and tlcscription of the purchaser, or of each purchawr, if more tlmn one; tlicb amount of thc consideration rnonej paid; the date of the inemoranclurn of sale, and of its pro- duction, ant1 snrh otlicr particulars as the Registrar-General inay deem ncccssary; and shall cmtlorse on sucli iwmoranclum of sale, and also on the duplicate grant or crrtificate of title, lisase, or othcr Memoranda of sale to

instnmicnt cr.idcnring,titlc to the citate or interest intended to be $	~	~	~	$	~	~	~	~	~
transfcrrcd, the fhct of such eiitry having been niacle, with the date ancl hour thereof', a i d shall sign each sucli endorscrnont xiid shall affix his sw1 to s ~ w h mcn~ornncluni of sale, and the particulars of cvcry such mcmorandmn of sale shall be cntcred in the register-book in the order of thc procluctioii thereof', and npo11 such entry bcing made by the Registrar-C;eiit>i'i11, the land, or the estate or intcrest therein, as sct forth i~nd liinitetl in such n~en~orancl~uii of sale as to be trmsfcrrccl, sliall pass to and vest in the pnrcllaser; a i d every meinorariduin of sale so en~lorsed ancl nuthenticatcd shall be received in all (hurts of'Juutice, as suf5cicilt cvitlciicc of thc particulars therein sct forth, and of their having been cnteretl in tlle register-book in manner stated in such rneinora~durn of sale.

23. Upon the sdlr or transfer of any estate or interest in land Thrtha~rr

not entitled

to call for any inbtru-

under the operation of this Act, the purchaser or transferee of such ,,,,,,

pri3r to

estate or interest shall not be entitled to call for the production of the existing certificate

of title.

any ~n~lnorarldum

of' sale, or other instrument dated prior to the

date of the existing certificate of titlc of such land, unless such instrnment shall be entered in the register-book, and notified by memoraildunl on the duplicatc of such ct.rtificate ss an encurnbraricc, lien, or interest in, or nff'ccting the said land.
21. Whenever any easement or any irlcorporeal right other than an Easemcnts and incor-
annuity or rent charge, affecting any land under the opm-ation of ;,";~"t?z$ytobe
this Act, is created for thc purpose of being annexed to, or used and
enjoyed, together with other land under the operation of this Act, the Registrar-General shall enter in the register-book, the date of tho memorandum of sale, or other instrument creating such casement or incorporcd right, the date of its production to him, the name, residence, arid description of tlie grantor, and of the grantee, the amount of the coilsideration money, the nature of thc incorporeal
right or easenlent, and such other particulars as the Registrar-G eneral
may dccm necessary. 25. If

If eatate in fee simple	85. If	the memorandum of sale purports to transfer an estate in
be transferred certi-

ficate ,,ftitie tobe

fee simple in the whole or in part of the land ~uentiorled in any

deli'eredup and can- grant 6r certificate of title, th; vendor s l d l (unless the grmt &
celled ~o far ss regarda

the portion ofland

certificate of title shall be held by some registered mortgagee or

transferred.

encumbrancee. whose mortga~e or encumbrance is not intendcc1 to be paid off a id discharged out of the purchase-nlonry) dcliVm up thc grant or certificate of title of the said land; and thc Registrar- General shall in such case enter on such grant or certificate of title

a memorandum cancelling such grant or certificate of title, either

wholly or partially, according as the memorandum of sale purports to transfer the whole, or part only, of the land n~entioned in such grant or certificatc of title, and setting forth the particulars of the transfer occasioning such surrender and cancelling.

Fresh ce*ificate to be

issued to purchaser.

26. The Registrar-General, upon cancelling any grant or certi- ficate of title, eithcr wholly or partially, to any such transfer, shall make out to the purchaser, o~ uthcr registered traus-

A certificate for the

balanre~ifanyy

to be issued tu pro-

ribt tor when d ~ -

feree. a cegtificate of title to the land ~~~critioned

in such mncruo-

manacdy

to a

tered transferee

randum of sale, and every such certificate of title shall refer to thc

thereof.

original grant of such land, ancl to the memoraxdum of salc or othcr in&um&t of transfer to thc purchaser or other registered transfercc thereof; and the Registra~Gcneral shall retain every such can- celled or partially canccllcd grant or rertificate of title; and whenever required thereto by the proprietor of an unsold portion or balance of land included in any such partially cnncelled grant or certificate of title, or by a registered purchascr or transfcrcc of such portion or balance of land so includecl, or of any part thercof, shall make out to such proprietor, purchaser, or transf'cree a certificatc of title for such balance o4 land, or for any part thereof, of which hc is the proprietor, purchaser, or transferee.

Land8 under the

operation of this &t

27. When any land, undcr the operations of this Act, is intended to bc leased or demised for a life or livcs, or for any term of years exceeding three years, the proprictor shall execute u lcase illform of the Schedule hereto annexed, marked C, or as near thervto as

how leased.

description that is given in the grant or certificate of title of the land, circuxnstances permit; and evcry such lease shall contain the same

or such other description asrnay be necessary to identify such land; and

shall be attested by a witness; and such lease, when so executed, together with the grant, certificate of title, or other instrument evidencing the title of such proprietor to an estate in snch land, unless the Registrar-General shall dispense with the production of such grant, certificate of title, or other instrument, shall be presented

Particulars to be re- to the Registrar-General, who shall record in the register-book
corded in register.
the date and hour of such production to him, the date of the lease, the amount of rent or consideration money, the dates on which it is appointed to be paid, and the names and tfie descriptions of the lessor and of the lessee, and if right of purchase is intended to be granted in such lease, the amount of the purchase monej, and thc period with- in which the right may be exercised; and shall record the like par- ticulars by memorandum on the grant, certificatc of title, or o t lm
instrument
instrument, as aforesaid; and shall endorse on the lcase a mrmoran- dum of the day and hour on which t h ~ ~iiid particulars were

entered in the register-book; and

shall

authenticatr sac11 memoran-

;

dum by signing his name and affixing his seal thercto; and, cvery lcase beariilg such memorandum, so authenticated, shall be received as evidence on behalf of the lessor and lessec named in the said lease, or other person claiming any estate or interest under the said leasc, of all covenants, conditions. restrictions, and nlatters therein expressed or by this Act derlared to be implied on the part of the lessor or lessce respectively.
2H. In any such lease as aforesaid, a right to purchase the fee Right of purchase

simple of tllc land thereby demised m y be granted to the lessee by	granted.
a stipulation to that effect exp~esscd m such lease; and, in such case,- the true amount of t h e purchaqc money to be paid by the lessee, the period within which such right m a y be cxcrcised, and snch other pmtict~lars as may be considered necessary for explaining

the terms of such right of I ) IL~C'~~~LSC,

shall be statccl on such lcase;

and, in case tho lessee shall pay the l~nrchasc

money stipulnted, allcl

o t l i~ r \~ i se obscrw his covcnnnts espressecl and inipli~d ill s w h leasc, the lcssor shall bc bound to csccute a rnen~or;iiitluni of salc to such
lcssce of the said land, ancl the fcc simple thcreof, and to pci.form all
neccsbary acts by this Art pcscdwtl to 1)c t h e for thc purlme of

transftm-ing to a purchaser tlw said land and thc i i ' ~

sirnplc tlie1.eof.

ITpon rr,gistr:ltion of

20. T_Tpou the entry in thc register-book of ituy lense, thc land which is thcrcin nrcnt'ioned to be lcasd, shall bc transf'errd to a i d	lcasc, tl:c land to mat
in 1r:ssee for the timc,
and I I rl~lor conditions

shitll vest in t lx l~sse(3

for tlw tfwn or otlic>r estate ill ancl by tlle

exprsuscd thcrein.

sitid lease mcntionccl to be demised, a i d subjoct to the cslxess and im1)lied c~oyen;mtu, conditions, and ~wtrictions coiltaiiml i l l thc said

l ~ s s e,

and which are licrcinaf'ter clcclarcri to be implied 011 thc part

of t h ~ lcssor and the lessee rcspwti\ ~ 1 - y; s a w and t:scclpt so fjr as any such iri~plicd covenants and conditions :trc yua1ifit:d or ncg,xtived by'tlle said lease: Provided always tlin t no leasc of nrurtga.gec1 or

encurnbranced

laiicl,

executcd

h~b%cq~~. l i t l g

to the entry in the

Nn leasc of mortgnged

land vnlid without

any bill of

~ ~ ~ o r t g i \ g e

bill of' t ~. u m b r a n c e

shall

rwrcut of mortgagee.

bc valid m d binding against thc- rnortgagw or cucumbrnncce, unless such mortgagee 01- rncun~brance~ sliall h a ~ c c:oliscwted to such lease prior to the snmc being cntcred in thc. rcgistcr-book.

30. \Vhenevcr any ltmc, or demisc, w11ic;h is required to be re@- tercd by the pro~isions

Leasc may be sur-

renilcr~d

bp rndorse-

of' this Ac4t, is intended to bc sun.cmclcrcd3

nlcnt 1)) lessee, with

and the surrcnclcr thereof is efficctccl otl1cl.n isr: than through thc

collcurrcnce of lessor.

opemtion of a surrenilw in lnw, or tliilll undcr the provisions of any law at t11c time k i n g in foscc in the wit1 l'rovince rclaling to Imsolvent Estates, there shall bc en tlorscd mpon SI ~ (. h lease, or on the counterpart tllcrcof, thc word " snrieudcred," with the date of such s~~rrendcr; and thc said ~ndorscmcnt d d l be signed by the lessee and by the lessor, as evidence of tlie acceptance thclcof, and shall be attested by a witness; and the llcgktrar-Gencnl s l d l there- upon e i l t t ~ in the rcgisttlr-lwok n mc3n~orniltlurn mwsding the date

of ~11~11	~ u r s m d ~ r,	i\nd ~111111	likewisc cildor bc upon thc I(mr	;I memo-
randum

randum recording the fact of such entry having been made in the register-book, and upon such entry being so nladc in the register- book, the estate or interest of the lessee in such land shall revest in the lessor, or in such other persou as, having regard to intervening circumstances, if any, the said land would have I)ccn vcstcd if no such lease had ever been exccuted; and the proclrwtion of such lcase or counterpart bcaring such cndorseinent and rncinorandn~n as here- inbcfore mentioned, shall be sufficient evidence that such lease hacl been so surrendered.

Landsunder thisAct,

31.

W h e n e ~ e r

any estate or interest in land under the operation

of this Act is intendcd to be charged or made security iu favor of

how

encumbered.

any mortgagee, the mortgagor shall euecutc a bill of mortgagc in form of the bcheclule llereto annexed marked l), or as ncar thereto as circunistanccs will pcrmit, and wl~enever any such estate or interest as aforesaid is inteidecl to bc charged with, or n d c seculitp in favor of any encumbranccc, for the payment of an annuity, r m t clirtrgc., or sum of money, the eiicunibrancer shdl esccutc a, bill of' en- cumbrance, in form of onc or other of the Schedules hmttto anncxed marlicd respectively E and l', or as ncar thereto as circumstances will permit; and every such bill of mortgage or bill of cncum- brance sl~all contain an accurate statement of the estate or interest intended to bc inortgaged or cncumbered, ancl such ctcxription as is given in the grant or certificate of title of tlw laud in \tllicl~
such estate or interest is lrcld, or such other description as inay be necessary to identify such land, together wit11 a st;xtcment of all mortgages and othcr encurnbranccs, lf any, which may zff'ect the said land, estate, or interest; and every such bill of mortgage or bill of encnmbrance shall be attcstecl by a witness, and ewry bill of mortgage or bill of encmr~bralice, so executed, together with the grant or certificate of t i tk of such land, or as thv case ~ n i ~ y be, the lease or other instrumclit evidencing the titlc of the rnortpgor or encurnbrancer to such cstatc or interest in the said land, shdl bc produced to thc Registrar-General, who shall rntcr in the register- book the date and hour of such production to him, the datc of tlic

bill of mortgage or bill of encumbrance, the name, rzsiclence, and	description of the mol.tg~gor or encuinbrancer and of tlic mortgagee
or encunlbrancw; and m the case of a bill of mortgage, thc amount
of thc principal money secured, the rate of interest, and tlie datc, if
any, appointed for tlie redemption of such money, ancl the dates on whicll interest is appointed to bc paid, or, in case of a bill of eucum- brance, the amount of thc annuity, rent charge, or sum of nzoncy in- tellded to be chargcd or sccured, the times appointed for the paj nlcnt of such annuity, rent charge, or other sum of money, the rate of interest in case interest thereon shall be payable mder the bill of encum- brance, and the events upon which such anauity, rent charge, or sum of money and intcrest shall become and cease to be payable; and the Registrar-General shall record the like particulars by a memorandum endorsed upon such grant or certificate of title, lease or other instru-

Mortgsge or cncwn-	ment of title; and shall also endorse upon such grant or certificate of
branceralid, %hen	title, lcasc, or other instrument, a memorandum stating the day and

part icdals entc~cti

I ~gister-book

hour of the day in which the particulars ofsuch mortgage or encum-

brance

brance had been recorded in the register-book; and upon such entry being made as aforesaid in the register-book, the estate or interest in the land referred to and described in such bill of mortgage or bill of encumbrance shall be held by such mortgagor or encumbrancer, sub- ject to and liable for the payment of the principal sum and interest.

32. Every bill of mortgage or bill of encumbrance shall be entered by the Registrar-General in the register-book in the order of time in	Bill of mortgage or encumbrance to be
recorded in order of time in which they
which the same is produced to him for that purpose; and the Registrar-	are produced to
General shall record by memorandum on such bill of mortgage or	Registrar-General,
bill of encumbrance, that the same has been entered by him, stating	and endorsed.
the day and hour of such entry, and shall certify such memorandum by signing the same and affixing his seal thereto, and every such bill of mortgage or bill of encumbrance so certified, shall be reccived in all Courts of Justice as sufficient evidence that the estate and interest therein described had been so mortgaged or encumbered, as the case
Priority of mortgages
may be, and of all other particulars therein contained; and bills of	and encumbrances.
mortgage and bills of encumbrance registered in respect to or affect- ing the sarlle estate, or interest in any land under the operation of this Act, shall, not~vithstanding any express, implied, or constructive notice, be entitled in priority one over the other according to the date at which cach instrurrlcnt is recorded in the register-book, and not according to the date of each instrument itself.
33. In case default shdl be wddc for the space of one calendar month in payment of the principal money or interest, or any part	gagor or encumbrancer
Rcmedy when mort-
is in dcfault.
thereof secured by any registered bill of mortgage, or if default shall be mack in thc obscrvmcr of any covenant that may bc expressed in such hill of niortgage, or that is therein as against the mortgagor hereinnftcr dcclared to be implied, or in case such dcfault for the space aforesaid shall be made in payment of the annuity, rent-charge, principal-money, or interest, or any part thereof, respectively secured or cllargcd upon any land, by any registered bill of encurubrance, or if default shall be madt: in the observailcc of any covenant that may be evprcsscd in such bill of encumbrance, the mortgagee or encum- brance~, after giving to the mortgagor or encumbrancer notice in writ-

ing to pay the money then due, or owing on such bill of mort, wa g e or

bill of encumbrance, or to observe the covenants therein expressed

or implied, as thc case may be, or after leaving such notice on the

mortgaged or encumbered land, or at the usual or last known place

of abode, in South Australia, of t5e mortgagor or encurnbrancer, or

other person claiming to be then entitled to the said land, and after

such default in payment or observance thereof continuing for the fur-

ther space of one calendar month from the date of such notice, is	Power to sell.
hereby authorized and empowered to sell the said land so mortgaged or encumbered, or any part thereof, and all the estate and interest therein of the mortgagor or encurnbrancer, and either altogether, or in lots, by public auction, or by private contract, or both such modes of sale, and subject to such conditions as he may think fit, and to
buv in and resell the same without being liable for anv loss occasioned
thereby, and to l r ~ k e and execute auUsuch instruments as shall be

K 2

necessary

necessary for effecting the sale thereof, all which eales, contracts, matters, and things hereby authorized, shall be as valid and effectual as jf the mortgagor or encumbrancer had made, done, or executed the same; and the receipt or receipts in writing of the mortgagee or encumbrancee shall be a sufficient discharge to the purchaser of such encumbered land, estate, or interest, or any portion thereof, for so much of his purchase money as may bc thereby expressed to be received, and no such purchaser shall be answerable for tllc loss- misapplication, or nonapplication, or bc obliged to sce to the applica, tion of the purchase money by him paid, nor shall he be concerned

Appropriation of pm-	to inquire as to the fact of any default, noticc, or requisition having
ceeds.	been made or given as aforesaid; and the purchase money to arise from the sale of any such land shall be applied, first, in payment of the expenses occasioned by such sale; secondly, in payment of thc moneys which may then be due to the mortgagee or encumbrancee, and the surplus (if any) shall be paid to the mortgagor or cncum- brancer, as the case may bc,

Registrar-General to

34. The Registrar-General, in any such case as aforesaid, upon

give effe~t

to sale by

mortgagee or

receipt of a memorandum of sale of such estate or interest so mort-

enoumbmrtces.

gaged ar encumbered, signed by such mortgagee or encurnh~.ancee,

shall enter the particulars of such rnemoranduru of sale in the

on such memorandum of sale, and shall in other respccts procecd

in manner herein prescribed for the case of a transfer of a like

estate or interest by the proprietor thereof; and every such transfer, when so recorded by the Kcgistrar-Genrral, shall be as valid and effectual to pass such estate or interest as if' the memorandum of sale had been executed by the mortgagor or encnrnbrancer prior to the date of the execution of the bill of mortgage or tthc bill of encumbrance, as the case may be; and if snch memoranclurn of sale shall purport to pass an estate in fee siinplc, and the cxivtiiig grant or certificate of title be for that purpose surrendered to him, thc Registrar-General shall make out and dcliver to the purchaser a certificate of titlc to such land, haring first endorsed thcreon

memoranda setting forth the particulars of all unsatisfied mortgages or other encumbrances, and of all leases, transfers, or other trans-

actions (if any) affecting such land, which shall appear to have been

registered and recorded upon such grant or certificate of title so surrendered, and shall in all other respects procecd as hereinbefore is directed in the case of the sale of an cstttte in fee simple in land under the operation of this Act

Pxjmcnts by inetnl-

mrnts and extension

35. The payment of any sum of money by weekly instalments, or other periodical payments, may be sccured on any land or cn any estate or interest therein, by bill of mortgage, or bill of encumbrance, in the form or to the effect of either of the said Schedules D or B to this Act annexed, by varying such form, so as to express fully the terms and modes of payment of such sum of money: Provided also, that the period of time hereinbefore limited as the period after ex- piration of which it shall be lawful for a mortgagee or encumbrancee

of time.

to

to sell an estate pledged as security, in the event of default made in payment of interest or principal, or of any annuity or rent charge, or in consequencc of the non-fulfilment of any covenant, may, by condition expressed in any such bill of mortgage, or bill of encum- brance, be extended or shortened, and, notwithstanding such varia- tions in such form, the like covenants, rights, powers, and obligations, shall be implied thereunder and thereby, both against the mortgagor or encumbrancer, and the mortgagee or encumbrancec, as would be implicd if no such variation had been made in the form of such Schedule.

36. Every bill of mortgage and bill of encumbrance shall be Bill ofmortgagc or

bill of encunibrance

construed and have effect only as a wcurity for the sum of money, .,,	,
annuity, or rent chargc intcndcd to be thereby secured, and shall not operate or take effcct as a transfer of the land, estate, or interest iuterlcled to be thereby chargcd with the payment of any money; but it shall be lawful for the mortgagee or encumbrancee, upon

default m payment of' the money secured by such bill of mortgage ru ease of default,

or bill of cncumhmnce, or any part thereof to cnter into possession plortgz;z;;gd

of the rnortgagcd or encumbered land, by receiving the rents and takeposscssion,orrnay

profits thcrcof, or to distrain upon the occupier or tenant of the said aiatr"in-

land, unctcr thc po~vcr to distrain hereinafter contained: Provided

also, that it shall bc lawful for any rcgisterecl mortgagee or encum-

brance~, whcne~er any money, annuity, or rent chargf shall liavc

become in arrcar, to bring an action of ejectrnent, to obtain possession May b,in;,, .ctim

for

the rents and profits thereof, or making any distress as aforesaid; and dernption.	of' the said land, either before or after cntcring into the receipt of ;!,;;:";:i;';r;~rey,,.
citllcr bcf'urc or after arlg sale of such land shall be effected, under tllc power of sale giwen or implied in mch bill of mortgage or bill of encmnbrancc; and any such registered mortgagee or encum- brance~ shall be entitled by suit or other proceedings in equity to forcclosc thc right of the mortgagor or encurnbrancer, to redeem the said ~nortgwged or cncumbercd lands.

37. Besides his personal rem~dy

against the mortgagor or encum- Mortgagee or encurn-

brnnccc may distrai~.

broncer, as the case may be, every mortgagee or encurnbrancee, for on,en ,,,,

,,,,-

the better recovery of any nrrcars of interest which may be due pier for arrears. not

cxccecling thc amount

unclcr any bill of mortgng~,

or of the arrcar of any annuity or rent ,f,,,t

due by such

charge, or m y intcrcsl whlch inay be due uncler

any bill of

encum- tenant or ~ ~ c u p i c r.

bralice, shall bc ~ntitled after such interest, annuity, or rent charge shall 1ia.ie become in arrear for twenty-one days; and d ter applica- tion for the payment thercof shall have been made, by, or on beElalf of the mortgagee or cncunll)rnncee, as the case may be, to the occupier or tenant of any land mentioned in the said bill of nlortga~e

or bill of encumbrance, to enter upon thc said lands, and distrum and sell the goods and cl~ttttels of such occnpic3r or tenant of the said land, and to retain thereout, the moneys which shall be so in arrcar, ant2 all costs and expenses occasioned thereby: Provided that no No

for

lessee or tenant, occupying such land, shall bc liable to pay to ariy grcatcr m m

t ~ ~ n

the

amount of rent

mortgagee or encumbrancee of such land, a greater sum than the

oxingay

amount h.
amount of rent which, at the time of making such distress may be then due from such lessee ox tenant to the mortgagor or encurn- brancer, or to the person claiming the said land, under the mortgagor
or encumbrancer.
Procrdure vhcn

leatehold intoiest is

38. Whenever any lcase shall havc been sold by a mortgagee or

s ~ i d u u d e ~

hill cf

encumbrancce of the said lease, under the power of sale given to

mortgage Or crrLum-

brance.	him by this Act, the saicl lease may be transferred to the purchaser
by the endorse~nent on the said lease, signed by the mortgagee or encumbrancee in manner hereinafter provided in case of the transfer of a registered lease, or by such other form as the Re~istrar-General
shall approve of; and the Registrar-General, at the t m e of record-
ing on the said lease, in the manner hereinafter provided, the trans-
fer thereof to the purchaser, shall cancc1 the said bill of mort- gage or bill of encumbrance, and shall enter in the register-book the particulars of such transfer and of such cancellation; and shall also, if the same shall be presented to him for that purpose, endorse on the grant or certificate of title of the land mentioned in such bill of mortgage or bill of cncurnbrancc, a mcmoranclum, stating that such mortgage or encumbrance had been discharged or had ceased to exist, and the date on wliicli such last-mentioned entry had been made in the register-book; and every such transfcr, when so entered in the register-book by the Registrar-General, shall be as valid and effectual to pass the said leasehold estate or interest as if the transfer of the said lease had been executed by the mortgagor or encumbrancer prior to the date of the execution of the bill of mortgage or bill of encumbrance, as the case may be.

Mortgagee or encum-	39. Any mortgagee or cncnmbrancee of leasehold land, under the
hrancee of leasehold

entering into posses-	operation of this Act, or any person claiming the said l a d as a
sion of rent and profits	purchaser or otherwise, from or under soch rnortga5cc or eacum-
bccomes liable to
lessor.	brancee, shall, after entering into possession of the s a d land, or the rents and profits thereof, become and be suhiect ancl liable to the lessor of thc mid land or the person for the time being entitled to the said lessor's estate or interest in thc said land, to the same extent as the lessee or tenant, under the said lcnse of such land, was subject

to and liable for prior to such mortgagee, encumbrnncce, or other

person entering into possession of the said land or the rents and

profits thereof.

Discharge of mort-	40. Upon the production of any such bill of mortgage or bill of encumbrance, having thereon a receipt for the entire ur any part of the mortgage money or encumbrance money tlmcby secured, signed
brances.
by the mortgagee or encumbrancee, and attested by a witness, the
Registrar-General shall make an entry in the register-book, noting
i that the said mortgage or encumbrance is discharged wholly or
partially, as the case may require; and upon such entry being so made in the register-book, the estate or interest which by such bill of mortgage or bill of encumbrance had been pledged or subjected
as security for such loan or sum of money, shall cease to be subject
to or liable for the same, or, as the case may be, for the part thereof, noted

gages md encum-
noted in such entry as discharged pursuant to such entry as aforesaid: And, in case any aniluitp or sum of money shall be secured by any such bill of encumbrance during the life of any encumbrancee or other person, or contingent upon the occurrence of some event or circumstance, the Kegistrar-General, on the production of such bill of encumbrance, together with proof of the death of such annuitant, or other person, or together with proof of the occurrence of the event or circunlstancc upon which, in accordance with the provisions of such bill of encumbrance, such annuity or sum of money shall cease to be payable, as thc case may bc, and upon proof of all arrears of the said annuity and interest or money having been paid, satisfied, or discharged to the said annuitant, or, other person entitled to the same, shall make an entry in the register-book, noting that such annuity or sum of n~oncy is satisfied and discharged, and shall caixcl such bill of encumbrance; and, upon such entry being mxle in the register-book, the estate or interest which had been plcdcrd or subjected as security for tho payment of such annlnlty or sum of nloney, shall cclasc to be subject to or liable for the sarne, or any charges incident thcreon: And the Registrar- General shall, in m y or cithcr such case as aforesaid, endorse
011 the grant, certificate of' title, or other instrument evidencing
the title of the nlortgagor or cncunibrancer to the estate or interest mortgaged or cnc~unbranccd, a memorandum of the date on which such (wtxy as R ~ O ~. C S ~ L ~ C ~ \\.as made by him in the register-book, mhcnever such grant, certificate of title, or other instrument, shall be presentet1 to him fbr that pnrposc.
r q w money may

41. I t shall Ilc lilwful for thc Registrar-Gcneral, in case any il"rti+o

a p a d t o Registrar-

mortgagee shall be abscnt from the Yrovince, or in case therc shall Gcncral, if mortgagee be no I K X W ~ ~ ;~ntIln~ized to gi\ e u rcccipt to thc mortgagor fm the "" Colony, "b"""t and ""'" mortgago mortgage money, at or after the date appointed for the redemption tlischalgcd.
of' any moutgagc, to recei\c such mortlwlrc money, with all arrears b ,m

of interest then clue thereon, in trust for the mortgage(: or other person entitled thereto; ancl the Wcgist~ar-Gencral shall thereupon n1aBc an entry in the register-book, discharging such mortgage, stating the day and hour on which such entry is made, and such entry	shall be a valid discharge for such niortgagc, and shdl have the sarne	forcc a id cifect as is hcrcinbefore given to a like entry when made
upon pro(Iuctio~1 to the Xegirtrur-Genelwl of the bill of mortgage wit h tile reccipt of' the mortgagee; and the Registrar-General shall, if clcniancled, give to thc mortgagor a rcceipt for the money so paid to hi111 in trust, and shall endorse on the grant, certificate of title, or other instr~umeut as aforesaid, and also on the bill of mortgage, wl~enever those instruments s l d l be brought to him for that purpose, the several particulars hcrrinhcforc dirccted to bc endorsed on cach of such instruments respectively: Provided always, that i f it shall be shown to the Registrar-C*clnrral t h t any R ~ S C I I ~ mortgagee has a duly constituted attorney or agent in the Province. autllorizcd to receive such rnortgagc money and interest, the llegistrar-Genera1 shall not rcceive the afwesaid mortgage money and intercst i11 trust for such absent mortgagee; provided also, that after payment to the

L 2	Registrar-General

Registrar-General of any mortgage money and interest, under the provisions hereinbefore contained, the mortgagee entitled thereto shall not recover from the Registrar-General, or the Treasurer of the Province, any further sum or interest, in respect of the said mortgage, than the sum which shall have been so received by the Registrar-General in trast for such mortgagee, and upon and after the date of such payment to the Registrar-General, the interest upon such mortgage scall cease to run or accrue.

General covenants to

42. I n every instrument creating or transferring any estate, in- terest, or charge for valuable consideration under the prorisions of this Act, there shall be implied the following covenants by the party creating or transferring such estate, interest, or chagc, that is to say-That such coverlanting party will, at the cost of the party requiring the same, do all such acts and execute all such instru- ments as in accordance with the provisions of this Act may be nc- cessary to give effect to all covenants, conditions, and pnrposes expressly sct forth in such instru~nent as afurcsaicl, or as art. by this Act declared to be implied against such covenantiug party in any such instrument.

ments.

be implied in instru-

Povers to be implied

43. In every lease there shall also be implied the following po~vers

in lessor.

in the lessor, that is to say-

(1.) That he may, by himself or his agents, at all reasont~ble times,

enter upon the demised property, and view the state of repair thereof, and may serve upon the lessee, or leave at his last, or usual place of abodc in this colony or upon the cle~niscd pro- perty, a notice, in writing, of any defcct, requiring him, within a reasonable time to be therein prescribed, to rcpair the sarnc:
(2.) That in case the rent, or any part thercof, shall be in arrcar for the space of six calendar months, or in case default shall be made in the fulfilment of any coveimnt, whether expressed or implied in such lease on the part of tllc Iessce, arid sliall be continucd for the space of six calendar months, or in ciise the repairs required by such notice as aforesaid shall not have

been completed within the time therein specified, it shall be

lawful for such lessee to re-enter upon and take possession of

such demised premises.

44. In any such case the Registrar-General, upon proof to his proceeding in law, shall note the same by cntry in the register- book, and the estate of the lessee in sucli land shall thereupon cie- termine, but tvithout releasing hiin from his liability in respect of the breach of any covenant in such lease expressed or implied, and the ltegistrar-General shall cancel such lease if delivered up to him for that purpose.

entry in the register-	satisfaction of re-entry and recovery of possession by a lessor by any
book.
Lands may be vested
in trust by instrument	45. Whenever the registered proprietor of any land, under the operation of this Act, or of any cstate or interest in such land, is desirous of vesting the said land? estate, or intercst in i-Lny trustees,
of nomination,

it
it shall be lawful for such proprietor t,o execute an instrument in form of the Schcdule liereto annexed mnrlrcd K, or as near thereto as circumstances will permit, nominating trustees of thc said land, estate, or interest; and every such nomination of trustees shall contain an accurate statement of the estate or interest intended to be vested in any trustces, and such description as is given in the grant or certifi- cate of title of the land in which such estate or interest is held, or such other description as may be necessary to idcntify such land, and shall be attcstcd by a witness; and every nomination of trustccs so executed, together with the grant or certificate of title of such lancl, or as the casc inay be, the lcnse or othcr instrurncnt proving the title of the registered proprietor to such land, estate, or interest, shall be poclnced to the llcgistrar-Gcncral who sllall errtcr in the register-book, the date of the nomination of trustces, and the date of its procluction, tllc name, resiclence, and description of the pcrson nominating the tnlstecs, and the names, residences, and dcwriptions of the persons who are nominated trustees, and such other particulars as the lhcgistrar-General i m y tlecm ncccssary; and shall endorsc on such nomination of trubtees, a i d also on the grant, certificate of title, lease, or othcr iustl;.nment cvidencirig title to the estate, or irrtcrcst intcaclcil to be vestcc1 in the said trustees, unless the Tbrgistrar-C oncral shall see urasou to dispense \\it11 the l)rocluction tllcreof, lhc fact of suc11 enlry h a ~ i n g been made, wit11 the date and hour thereof, and shall sign crtcli such cn~lorscnlcnt, and shall affix his scid to such mmination oftrnstees, ancl npon such entry being made hy the Registrar-Gcneral, the land, or the estate, or interest tllercin, as set forth and limited in such nomination of trustees, shall pass to and vest iu the said trustees.

46. The trusts which

are intcnded

to be declarccl of

any land, T r ~ s t ~ ~ a ~ b e ~ l c c l a r e d

eithor by Schedule to

estate, or iutcrcst vcstcd in txustecs as lrcreiilhcforc, int-ntioncd, may i,l,t,,,,,,tnt ofnorni-
be clcclarecl eithcr by a Schedule to the aforesaid instrument effecting ';;;~;~;!k,;;;;,",t:;t~

such ilorllillation of tir~stees,

or by any scymrate instrument or deed.

Whenever the said trusts are d e c l n ~ d

by a scpartttc instrument or Instrument declaring

trusts to bc deposited,

deed, thc same may inchtle as wcll, land i d c r the opcrution of this b,,t ,,t	r,.gistered.
Act, as land which is not under the openttion of this Act, provided that thc description of the scvcrsl parcels of land contairled in such

separate instrmnent or decd shall sufficiently disting~isli the land

which is uncler the operation of this Act, from the laud which is not under the oper.~tion of t,hii Act; and w1icne~:er such trusts arc declared by n segarate instrument. a duplicntc or attested copy of such instrument shall be deposited with the Ikgktrm-General for the purpose of safe custody ancl reference; but such duplicate or attcsted copy sllall not be rcgistcred.

47. Whenever lancl, un:ic.r

the operation of this Act, shall be No entry of trusts to

be made in register-

settled, or shall becorile v~s tcd

in trustees upon any trust, whether book.

cxincss. imnliect. or constructire, the Registrar-General s11;~ll not

mike any entry of thc said trusts in the register-book; and the tms- T"l"'"e"o

cerliticate of t~tle,

and

tees, after the cntry in the register-book of the nomination of trustees, deal with same as if
in rriariricr hereinbefore provided, shall, notwithstanding m y trnst beneficial swncrs.
affecting the said land, be entitled to sell, transfer, mortgage, or
otherwise
otherwise deal with the said land in the like manner as if the said trustees had been the beneficial owners of the said land; and in case the fee simple of such land be so ~et t led or vested in trust, such trustees shall bc entitled to receive a certificate o.f title for the same.

The words <'no sur-	48, I t shall be lawful for the registered proprietor of any land
vivorship " in any in-

etrument of op[~uiut-

under the opcration of this Act, or any cstak or interest in such

ment, bhdl operate to

prcvcnt n lcss number

land, to insert the words '&no snrvivor~hip" in any iilstrument

intended by such rcgidmeil l)rol)rietor lo ~periltc

a \ n ilorninatloll of

of t,usti.cs than

nflmedln s ~ h i n b t l u - trustcm;	and	whene~-er	such TI orcls b ld l bc so insertecl, it s l d not
ment dealing vith the

and.

be lawful for any less slumber of trustees than t l x liuinbcr mliicd in the aibresaid irlstrument, to sell, trtlnsfm, nlortgage, or otllcrwise deal with the said land, estate, or interest, without obtaining the sanction of the Huprerne Court or a JUL& thereof. by an orclcl-, on motion, or petition maclc undcr the prorisions of this Act, ~ v l l i c h

application shall be made by or on behalf of some lwrsou hl(dic~iiilly

I n such case, Supreme

interested in the aforesaid land. estate. or intercxt: and it, slrall be

Court to giro direo-

tion for nppointmcnt

lawful for the said Court or Juclgc, by such ordcr as af'orcsaicl, to give

to any vacancy or for

directions f'or the app~i r~ t r r i~nt of' any new trustee or trustccs in tllc

securing nloncys.

place of any former Crustce or trustees, ancl for the in\ estmcnt or application of mch purchase-nloney or inortgage-money as the said Court or Judge may think fit for the bcrdi t of tlw persons bcllc- ficially interested in the aforesaid money; and such ordcr, sccoin- panied by the memorandum of' sale, bill of mortgage, or iiistnnmcwt purporting to transfcr or a&ct the said land, estate, or interest, shall be deposited with the Registrar-General, TT-110 shall tllereupon make the entry in the xegistcr-book, which uadcv the prmisioils of tllis Act, is required for the purpose of gil-ing cffmt to the said iucino- randum of sale, bill of mortgage, or other instr~urle~it, as thcb case

Rcceipt of trustees,

may be; and the receipt of such trustee, or (eswpt in cases ~ v l ~ ~ e

valid discharge; and

the words "no survivorship" have been entcrcd in thc register-book,

purchaser or nmort-

as hereinaftm provid~~l) the receipt of the sur~iving t~wstees or

gagee not bound to

trustee, or of the legal personal rcpresentnti~

e of

the lust sun ir iiig

see after application

of money.

trustee, shall be s sufficient discha]-ge to m y purclmer or inortgagee of such land or any part thcrcof, mhc~thcr such pixrcal.iaser or

mortgagee had notice or not of the said trusts; and the purcllaser or

Continuing trustees	mortgagee of the said land shall not be bound to sce to the applica-
rntty nominate cn-	tion of the money paid, upon rccciving such reccipt: Provided
trustees, in case of
vacancy, under vcst-	that nothing herein contained, shall prevent any lrss nun~ber of
ing ordcr.	trustees than the number which may be narviecl ill the aforesaid instrument, operating as n noinination of trustees, frorn filling up any vacancy which may arise in the number of the aforesaid trustees, by noininatin~aiip other person to be co-trustcc with the acting or coutinuing trustees under the aforesaid instrnment; and such ricw trustee may be nominated by any instrnmr~~lt in form of the Schedule hereto annexed, markeel F, or as near thereto as circunl-
Appointment of new	stances will permit, with the addition of the t.vorcls '' no survij orshiv; "
trustccs to be noted in	and whenev& tllc vacancy in the number of the said trustees shall
register-book.	be so filled up by the appointnwiit of any new trmtec the Re,' cris t rar- General shall enter in the register-book such particulars as arc hereby required to be entered in the register-book in the case of any instru- ment intended to operate as a ilomiilation of trustecs; and thereupon,

the
thc new trustee shall have the like estate, interest, power, and authority, as if such new trustee had been originally nominated a trustce by the registercd proprietor of such land, estate, or in- terest.
49. Whenever the words "no survivorship " shall he written ~~;;T$,'~;~;~-
upon any instrument intended to operate as a nomination of such w,ittm on reltlfit ate trustees, the Rcgistrar-Geueral shall, during the existence of such if OU vrStlne; trust, cause the words "no survivorship " to be written on every
certificate of title of land issued to such trustees, and also on the duplicate of every such certificate bound up in the register- book.
50. I t shall be lawful for the registered proprietor of any estate Proprietor may vest
or interest in l a d under the operation of this Act, whether such: $ ~ ", " n ~ ~ & $ ~ ~;

land shall be of the nature of real or personal p~operty,

or for any limiting any use or

mortgagee or incumbramee thereof. ~y any of the forms of instru- ~	~	"-	~	~	&	~	Y
incnts of transfer, or other assurance provided by this Act, and containing so(:ll alterations, if any, as i a y be deemed necessary in
the said for1ns of instruments, to transfer or othmwisc assure and
vest such land, estate, or ink1 est, or the money secured by any bill of' mortgage, or bill of encumbrance, gr any part thereof to and in him- self, jointly with any othcr person or persons; and it shall not be necessary, for the purpose of' any such transfer or assurance, or for the puq~ose of vesting such land, estate, interest, or money in such registered proprietor jointly with any other persou or persons, to limit any use or execute any reassignment; but the said transfer or assurance by such registered proprietor to himself, and another, or others, shall vest the sald land, estate, or interest, or money, in such registered proprietor jointly with any other person or persons, ac- cording to the intent and meaning appearing in such instrument, and thcreby cxprcssed.

51. \Yhcn~ver m y registered proprietor of land, under the opera- B~~iatrnr-General

tion of this Act, shall appear to thc Saprcme Court to br a trustee ~ ~ & ~ t ~ ~ $, $ 8, .

of such land, within the intent and incaning of "

'The Trustee Act, inb trust estale.

No. '7, of 1855," and any order shall be made in the premises by thc Supreme Court, or a Judge thereof, the lkgistrar-General, on being served with an office copy of such order, shall proceed to carry out and give effect to the same, by entcring in tllc register-book the date and hour of the production of the s u ~ d ordc~r, tllc date of the said order, and the name, residencc, and tlcscripticm of the person in whom the said order shall purport to vest the said land; and, until such entry as aforesaid shall be made in the register-book,
the said order shall have no eff'ect or operation in transfkrring or
otherwise vesting the said land in the person named in the said order; and the ltegistrar-General shall also rccortl the like par- ticulars upon the grant, certificate of title, or other instrument evidencing title to the said land, in case the same shall be produced to him for that purpose.
142 52. Wherever
Actionmay be brought

by person claiming

52. Wherever a person entitled to or interested in land as a

beneficiary interebt in	trustee for some other person, would be entitled, nndcr the last pre-
wame of trustee.	ceding clause, to bring or defend any action of' ejectment in his own namc for the recovering the possession of land rlrlcler the operation of this Act, such person shall be bound to allow his nmne to be used
Trustee to be indem-	as plaintiff or defendant in such action of rjcctmcnt by any bcnefi-
nified.	ciary or person claiming an estate or interest in the said land: Provided, nevertheless, that the pcrson entitled or intcrcstetl as s w h trustee of thc said land shall in every such casc be entitled to bc indemnified in like manner as a trustee would before the passing of this Act have been ciltitled to be indemnified in a similar casc of his name being used in any such action or proceeding by his cestuique trust.
Transmission of land
to be authenticated by	53. I f any estate or interest in land under the operation of this come transmitted, in consequence of the death, banlkruptcy, or in- solvency of the registcrcd prnprictor tlzcreof, such transrnissioil shall be authenticated by a declara?ion in writing, or in such othcr man- ncr as tlzc Registrar-Gcncrul may rcquire; ailcl every snch cleclnrntion shall state the manner in which and the party to whom such land shall have Bccn so transmitted, aq l shall be nmdc and s i p d by tlic person claiming to be entered in the register-book a y rcglstcrerl pro- prietor of such estate, or interest, rnortgag~, or encuinbrallce; or, in casc the person claiming as aforesaid shall be an infant, lunatic, or person of unsound mind, then such declaraction as aforcsaicl sllall be made and signed by the guardian or committee of such person claim- ing as aforesaid, or by some credible pcrson acting for m d on bchdf of such nerson claiininrr as aforcsaid: and everv such clcclnrntion
declaration of party
claiming, beforc rc-	Act, or any mortgage, or encumbrance affecting such land, shall be-
gistered.

DeclwatiOny	before	shall be kade before th;	~eg-istrar-~e&al,	if the'declarnnt shall he
whom made.

rcsident within the boundaries of the City of Adelaide; or if the declarant shall be resident beyond the boundaries aforesaid, and within the Province of South Australia, then beforc a Justice of the Peace for the said Proviiice; or if the parties be rcsidcnt in the United liillgdorn of C h a t Britain and Ireland, or in m y British

possession other than the said Province, or in any foreign place, then

in thc presence of any of thc persoizs hereinuficr appoilztcd rcspec-

t i d y as persons beforc whom the execution of instruments executed

beyond the limits of the said Province may be proved.

Transmissionbybank-

54. Whenever such transmission shall take place by virtue of the

~vptcy or insolvency. Certified COPY of ap- bankruptcy or insolvency of a registered proprietor, an office copy,
pointmcntot aqsignrr or other duly certified copy of the al)pointment of the assignees of

to be d~~poriled

wlth

the banlrn~pt

or insolvent, or such other sufficient evidence of siwh

Register- Genw d.
appointment as the Registrar-General may require, s l d l be left with
the Registrar-General; and the Itegister-General shall t;l~creupon
enter n memorandum of the particulars of such appointment in the
dpon entry of such

appointment, assig-	register-book, and upon such entry being made, it shall be lawful
nees empbwered to	for such assignees to transfer to any purchaser or other person, the
dealwithlands.	lad, estate, or interest so transmitted as aforesaid; and every
memorandum of sale or other instrument for that purpose, executed by

by sucli assignecs in accordance with the provisions of this Act, shall have the same validity and effect as a like instrument would have if executed prior to such t~ransmission by bankruptcy or insol- vency by the rcgistered proprietor of such land, estate, or intcrest: Provided always, that nothing herein contained shall alter or vary the position of tlrc assignecs of a bankrupt or insolvent trustee of any land, as betwen such assig~lcc and any person who may be beneficially interested in any lancl, of which such insolveilt trustee is the registered proprietor; but the rights of such persons (if' any), as between him and such assignees, in respcct of such land, shall remain entirely unaffected, notwithstancling the irlsolvency of the registered proprictor of the said lancl; and the said insolvent shall transfer the said land to the persons btwdicially interested therein, and s l d do and cxccute all acts which may be necessary for nominating a new trustee or new trustees of the said laid, and carrying into effect any trusts affecting the said lancl at the date of his insolvency.
Marriage of fcmalc

55. Whenever ;L f h a l c proprietor, entitled to any estate or interest affecting any land uiitler the operation of this Act, shall rnttrry, the

proprietor to be certi-

fied to Rcgistmr-

General by declara-

~ c ~ i ~ t r a r - ~ ~ n e d,

or1 protluction of the register of such marriage or

tion.

othcr w~ftit:knt

evidcnce of the celebration thereof, accompanied by

a rl~claration to be made in maimer hereinbcforc prcscribecl, of the identity of the woman named in the register-book, as the yroprictor of such cstate or intcrest with the person named in snch register of innrliag~ ~lrall enter oil t11c register-book, :L memorandum of the day

and hour of thc production to h m,

of tlw ~cgibtcr,

or other eviderlcc of

such mar~ingr,

and of the prticillars certified to him by such decla-

Particulars to be

cntcred in register-

ration, and sllall, vlicn reclidrecl by such felnale proprietor or other	book.
person claiming through h, mter in the register-book any instrumcnt purporting to transfer or otherwise ixffwt the said land, estate, or interest, ill accordance with the provisions of this Act: Yro~idcd that every such instrunlcnt shall, in a11 cases when the sarnc is by law rcqui~wl to he aclinowledgecl by such married \vonliin for the purpose of transferri~ug thc said land, estate, or
Instruments to be

interest, he tlulv achnowledged by such married woman, in the

rrgistcl cd, giving

nlanner hereinafter providecl, previously to the mine being so

to dealings i n

rccorded by the Itegistrar-General; and every such cntry by the $ ~ ~ ~ ~ a r d r r i a d

Itcaistrnr-Gcneral shall state the date and hour of the production of

sucli instrmucnt, and all such othcr particulars as herein are required to be recorded by the ltegistrar-General? in the register-book, at the time of entcrim such instrument; and the Registrar-General shall also nlalce sa 5 mclorscrnent as llerein is required to bc made on the grant, ccrtifi~ctrc of title, or othcr instrumeiit, evidencing title to the said land, estate, or interest thereby transferred or aflected.

56. WThenever

land, under the opration of this Act, shall be trans- Transmission by

nlitted in consequence of thc dcath of the registered proprietor of death, will, and pro-

bate, or letter8 of ad-

such land, no person s l d l be entitled to obtain a certificate of title ministration, to be

cnve,itor is inadequate

the rights of the partics on whosc behalf such caveat may have beer1 to wl~rrnl~t	the caveat.
lodged are satisfied or arranged; or, in case the Registrar-General shall be satisfied that the nature of the estate, intercst, or claim of the caveator, or person on whose behalf the caveat is lodged, is not such
as to entitle him to prohibit the salc, or mortgage, or other dealing
with the land, estate, or intercst referrcd to in such caveat.

under the operation of this Act, it shall be lawful for the Registrar- cstcd in land undcr

72. I n all cases where married wornen are interested in land f:;f;;l;kynn:;:r-

General, or a Judge of the Supreme Court, or the Master thereof,

this Act may bc ttkken

a	rat-(*rnrrltl

on the transfer of such land, or an estate or interest thcrcin by such q q 117~11 as by ~ u d g c
niarriect woman, and whether the instrument of transfer shall Court. Ir Mastcr of Supremo
cxnbrace or relate solely to land under the operation of this Act, or shall embrace or relatc both to lzmd undcr the operation of this Act, and also land not under the operation of this Act, to take the acknomledginent of such married woman touchiiig the instrument executed by her for the purpose of transferring, disposing of, releasing! surrendering, or extinguishing any estate, right, title, or interest m such land, in like manner as thc dccd of any married wonian is now required to be ackno\vleclged by her before a Judge
of the Suprcrnc Court, or the Master thereof; and also to examine
hcr apart from her husband touching her knowlcdgc of such instrument, arid ascertairr whether she freely aud voluntarily con- sents thereto, in like manner as a Judge of the Supreme Court. ox tlic Maqtpr thereof, is now requircd to examine any married woman touching the deed of any married woman, under the provisions of
an Ordinance intituled '. An Ordinance to render effectual convey-
ances by married wornen, and to declare the effcct of certain deeds

in relation to dow~r." And the Kegistrsr-General, or Judge, or ~~;~;~~;[;;;~

Master, [or other person] taking snch acknowledgment and exarni- ,,, ,1,, ,~,1,~,~ mstru-

nation shall sign a memorandum, to be endorsed on or written at ; L ~ ~ ~; ~ m

the foot, or in the inargin of such instrument, which memorandum shall hc in form of the Schedule hereto annexed marked 'l', or in words to the like effect; and an entry of the said acknowledgment shall be made by the Ilegistrar-General in the register-book at the time when the other particulars relating to the said instrument are directed to be entered in the register-book; and every such instrument so acknowledged b y any married woman, and recordcd hy the And

entcXred

Registrar-General in the register-book, shall be as effectual to pass all the estate, right, title, or lnterest of the married woman by whom the same is executed, in the lands to which thc same relates, as if she had been then unmarried.

7 3. The benefits and liabilities in respeet to any covenants or Rights

during and

aovcrture.

liabilities

powers under the provisions of this Act shall, in the case of a mar-

o 2

ried

ried woman, extend to and be implied against such nlarried woman
and her husband conjointly during coverture.

Soul of Corporation	74. Every Corporation, in lieu of signing the forms ofb	instruments
substitutcd for

signature.	provided by this Act, or such other form as nmy be sanctioned as aforesaid, may affix the commoq sed of the said C~orporation to such form of instrurncnt; and every such form of instrument shall contain
a statement that the common seal of the said Corporation was afFixed
by the proper officer for that purpose, verificd by his signature, in like manner as the contract or deed of such Corporation is usually made and verified.
Attestation of inatru-
ments.	75. Instruments exccutcd pursuant to the provisions of this Act, if attestecl by one witness, shall be held to be duly attested, and the execution of axly instrl~mcnt made in accordance with thc pro\ isions of this Act, or {lie discharge of any mortgage or encum6rmce, or
rnents, bcfore whorn to
Execution of instru-	the transfer or surrcmder of any lease, may bc proved, if thc parties
be prcved.	executing the same be resident within the bomldarics of' the City of Adelaide, then before the 11egistrar-Gtb~~el'al; if the parties cxc- cuting the same be not resictent ~ ~ ~ i t h i n tlie said boundaries: then bcforc the Registrar General or a Justicc of the Peacc; if thc snid parties be resident in the United IZirigdoni of Great Britain and Ireland, then by the Mayor or other Chicf' Officer of any Corpo- ration, or before a Notary Public; if the said parties be resident in any British Possession, thcn before thc Cllicf' J~~s t i cc, Judgc of any Superior Court having jurisdiction in such Possession, or before the Governor, Govcrnrrlent Wcsidcnt, or C'hicf Swrctury therwf; if the said parties be resident at any foreign placc, then before the British Consular Officer resident at such plucc; and a ccstificntrl of such proof, under the hand and scal of the Registrar-General, or of any such Justicc of the Peace, Notaq Public, No! or, ur other ~ l & f
Officer, Chief Justice, Jurlge, Governor, Xcsidcnt, C'hicf Secretary, or Consular Officcr, as the case map bc, shall bc suiEtfient evitlcnce that the execution of sucll instn-iment had bceu duly proved.

~ c g i s t r m - ~ e n e r a ~	76.	I t shall be lawful for the Registrar-General,	if	he shall think
map require map to

be deposited.

fit, to require the propsietor applying to have any land b r o ~ g h t

under tlie operation of this Act, or d&iring to tmnsfir or otllc&iat-

to deal with the smic, or any portion themof, to deposit, at the Registry Office, a niap or plan of such land, ailcl if the snid land, or the portion thereof proposed to be trailsfcrred or dcalt with, shall be of less area than orle statute acre, then such map or plait sllall be on a scale not less than one inch to t ~ v o clinins; and il' such Inncl, or

the portion thereof, about to be transferred or dealt with, thall be of

greater area than one statute acre, but not csceeding five statute acres, then such map or plan shall be upon a scale not less than one inch to five chains; and if such land, or the portion thereof as afore- said, shall be of greater area than five statute ncrcs, but not ex- ceeding cighty statute acres, then snch map or plan shall be upon a scale of not less than one inch to ten chains; and if snch land, or the portion thereof as a f ~ ~ o s a i d, shall be of a greatcr arm than eighty statute asres, then such map or plnll slldl he upon a scale of one inch to twenty chains, and such proprietor shall sign such map and shall declare to thc accuracy of thc same before the Itegistrar- General, or a Justice of the Peace; and if such proprietor shall

neglect
neglect or refuse to comply with such requitement, it shall not be inclunbent on the Registrar-General to proceed with the bringing of such land under the operation of this Act, or with the registration of such transfer or lease: Provided always, that subsequent sub- divisions of the same land may be delineated on the imp or plan of the same, so deposited, if such map be upon a sufficient scale, in accordance with the provisions herein contained, and such proprietor shall certify the corrcct~icss of the delineation of each such sub- dixrision, by dcclsration in manner prescribed for the case of the deposit of an ol.igina1 map.
No action of cjeotment

77. No action of ejectment shall be brought against a registcrcd proprietor for recovering the possession of land under the operation	to lic, except in the
rnsw mcntioned in
of this Act, except in the case hereinbefore provided of a mortgagee	this -4ct.
or cncumbrancec bringing such action against a mortgagor or cn- cumbrances, and in the case oi n registered proprietor or lessor bringing an action of ejectinent agxiinst thc lessee or tenant claiming the said land under any lease.
Person defrauded may
78. In case any person shall have been registered through fraud as proprietor of any Inncl or an estate, or interest in any land, the	bring action against
tinudulent proprietor
for recovery of land
person dcfmucicd, or any pcrson claiming through him, may at his	or for damages.
election, apply by- pt.tition, in a summary w ~ y, to the Supreme Court in its Equitable Jurisdiction, for the recovery of the said laizcl, estate, or intcrcst, from such frmdulent proprietor, or the person (not being a pun:haser or mortg~gcc bona fidr for valuable consideration) claiming under such fraitdulent proprictol-; or the person so de- fraudctl, or any person claiming through him, inay bring and proswutc an action at lam in the Saprcme Court for the recovery of damages agi~inst s w h fi.auclulcnt proprietor, or the person (other than as aforesaid) claiming under such frnudnlent proprietor.
Supreme Court may
79. In case tlic person so clefrauclecl shall apply to the Supreme Court, us hcrcinhfo~c	order thc cancelling

provided, for the recovery of the said land,

of uny entry in the

r~.girjtrr-l)dc,

ob-

estate, or interest, it shall be lawful fur thc said Court to i~ialic

ta~ried

t11ri111.rh

l'wud,

an11 the

suI~siitution

order for cancelling or altering ally entry in the register-book re-	any oiher entry.
lating to the said land, cstate, or iuterest, and substitnting any entry	in licu thcreof; and directing and orclcring such other acts and	instrurrlcl~ts to be clone and executed as such Court shall, under the
circumstances, rlccnl necessary and just: And the W cgistrar-General ohall give effect to the said order by making the necessary entries lircctcd to be made in the register-book relating to thc said land, estate, or interest: Provided d~vays, that nothing in this Act con- tained shall be interprctcd to suhjcct to any actioi~ of cjcctment, or
for recovery of damages, any pnrrliasw or rnortgagnre bonn f i l e
for vdurtblu considcrat~on, of any lnncl uaclcr the operation of this Act, althougl~ his vcntlor or mortgagor may have bcen registered as proprietor through fraud or error, or. nlay have dcr ivd from or through a person registered as proprietor through fraud or error.
80. Any pcrson who may, by the provisions of this ,4ct, be pre- vented fkorn bringing an action of ejectment for the recovery of land	Pcraons b a r d from bringing actions for
cjcctment, pc~sons
from the registercd proprietor thcreof, arid any person nho may have	electing to hriug actions for damagcs,
been so defrauded as aforesaid, and shall elect to bring an action-at-law	and persons damnified

for
by error or mistake,

may bring action for	fbr the recovery of damages against such fraudulent proprietor of any
reoovery of damages	land, or against the person (other than as aforestid), claiming under
against the registered	such fraudulent proprietor, or any person injured or otherwise danmi-
proprietor a t the time
when deprivation 01-	fied in consequence of an error or mistake arising froin any entry in the

O c c r e d

register-book, in respect of which right of action is hereby given against the Registrar-General, may bring and prosecute an action-at- law in the Supreme Court for the recovery of damages against the person who was the registered proprietor of the said land, estate, or interest at the time when the act, error, mistake, or other dealing affecting the said land or easement, and occasioning the said injury, damage, or loss to the plaintiff to the said action was made. done.

Amount of d n m a w	com&tted,	or took	but no greater amount of damages ioor thd
limited to the value

at the time of	loss of the silid land shall be recovcrcd in the said action than the
deprivation.	estimated vdue of such land at the time when the aforesaid act, error, mistake, or other dealing affecting the said land was originally vade done, comrcliltd, or took place.

I f registered pro-	81.	In citse ~ h t ?	~egistercd proprietor of the said land, estate, or
prietor be dead, action

to be against Re-

interest, against whom such action fbr damages is directed to be

gi8trm-ae~era1~

nominal defendaut.

brought as aforesaid, shall be dead, or shall have been adjudged

insolvent, then, in such case it slmll b~ lawful to bring such ac4tlon

for dkmakes a$ainst the Registrar-General, as such noi&ial defend-

ant, as hereinaftcr provided, for the purpose of r~coverilig the amount

of the said damages and costs against the Assurance Fund h&cin-

before described:

Provided that the Assurance Fund s l d ~ n o t ~ e

liable for payment of any damages after the expiration of six years, to be computed from the time when the act, error, mistake, or other dealing affecting the said land or easement, and occasioniiig- the said

injury, damage, or loss to the plaintiff to the said action was niacle,

done, committed, or took place; and the Treasurer of the said Province upon receipt of a certificate of the Chief' Justice of the Supreme Court, and of a warrant under the haad of the Governor, as hereinbefore provided, shall pay the amount of such damages and costs, and charge the same to the account of the Assurance Fund.

Actions for recovery

of damages may iu

82. Every action which shall be brought by any person to recover

damages for or by reason of any loss or damage occasioned by any

brought ngilinst the

Registrar-General

omission, mistake, or rnisfeasance of the Registrar-General, or any of

dekn&t.

his officers or clerks G the execution of their respective duties under the provisions of this Act, ehall be brought against the Xegistrar- General as the nominal cllcfcndant; and in case in any such action the plaintiff recover final judgment against such nominal defendant, then, upon the application or motion of such plaintiff, the Chief Justice of the Supreme Court shall and he is hereby directed to certify to the Treasurer of the said Province the fact of such judg- ment having been recovered, and the anlount of damages and costs recovered. and thereupon or before the expiration of two calendar

Treaiurer, on receipt

months after such judgment is so certified, the said Treasurer, upon

of warrantfromGuwr-
nor, to pay amount of the receipt of a warrant under the hand of the Governor counter-
award. signed by the Chief Secretary of the said Province, shall pay the
amount of such damages and costs to the person recovering the same. hia executors or strators, and shdl charge the s t e to the

c ".'

Notice of action to be

negistm- account of the

fund- he_reiibefore described;_Provided

v--

---

Generalsrd~ttorncy- a l ~ a y s ~	that notih, m writmg, of e v e ~ s u c i c t i o n	and of the cause
Genersl.

thereof
I
thereof shall be served upon the Attorney-General of the said Pro- vince, and also upon the Registrar-Gcneral, one calendar month at least before the coinmencemcnt of such action: Provided also, that the Registrar-Gcncral shall not be personally chargeable upon any iudmnent recovered as aforesaid, nor shall any process or notice in

or relating to any such action (except as afurks&t) be served upon

the Rryistrar-Gcncra.1, but all such processes and notices shall be E';g;g:y:i;;,$,-	served upon the Attorney-General of the said Provincc for the time General.
being.

83.

in any such action judgment be givcn in fhvor of the nominal

(

;

dcfcnclant, or the plaintiff discontinue, or become nonsuit, the plaintiff tht.nornina1 dc,fe~dant

shall be liable to pay the f'ull costs of d~fCrlLiiug

such action, and the entitled to costs.

same, when taxed, shall be levied in the name of the nominal de- fendant by the like process of execution as in other actions on the case,

84. If any grant, certificate of title, or other instrument affecting land nnder the operation of this Act, or any entry, momoranduni, or bp whom a certificate

of title or w t r y has

endorsement in or upon any such instrument shall h

fraitdnlently

cen fraudulently or

or wroncrfullv obtained from, or ~rocured

to be made or issued by wlorlgfully obtaind.

the l~e$ststlii~-~cneral,

it shall be hwful for

the

~ e ~ i s t r a r - ~ e n e r j l

to summon before him thc person who shall have so fraudulently or wrongfully obtained the same, or procured the same, to be nladc or issucd as hrcinbefore mentioned, ancl in case the perscn having been so summoned shall not attend before the Registrar-Gcncral at the time appointed, having no lawful irripeclinlcnt to bc notified to thc Registmr-General at the time so appointed as aforesaid, the Registrar-General may apply to a Judge of the Supreme Court to issue a warrant authorizing and directing some person to bc therein 1f summons dlsre-

summoncd to attend bcfore the liegistrar-General, and to bring such for tl wtlrrant tor such

named for that purpose, to apprehend and arrest the person so & ~ ~ ~; ; ~ $;

person befb~e

a Judge or the ~ u p & m e Court for examination, and llended to

and

seanure-

I I K I U ~ ~ ~

such Juclgc shall thereupon issue such warrant for that purpose.

bt fore it Judge of the

Supreme Cuurt.

85. I n case it shall be shown by affidavit, to the satisfaction of the In case person sum-

~nonc~d

keeps out of

Registrar-General, that thc person to whom a summons ought to be ,,,, ,,,,

,,,

directed, as hereinbefore mentioned, is keeping out of the way and 1n.y 11. served npurr

any servant or i n ~ ~ l n l o

cannot he personally s e r ~ c d

therewith, and that duc pains have been ,,f his

known

taken to effect such personal service, it shall be lawful for the 1>laceof abode.
Registrar-General to orcler, by endorsement upon the summons, that the delivery of a copy of such summons to the wife or servant, or some adult inmate of the housc or family of the person at his usual or last known place of abode or business and esplaiiiing the purport thereof to such mifc, servant, or innlate shall be eqnivalcnt to personal service, arid in every such c u e the servicc of such summnnrr in pursuancc: of such order shall be deemed and taken to be of the same force and cffcct to all intcnts and purposes as if the party t~ w h ~ m such summons was directed had been personally served rhwe with.
86. That
Party appearing may

bc cxamiricd on oath.

86. That upon the appearance before tho Registrar-General or

Court may order thc	Court, or Judge, of any person suinmoncd or brought up by virtue
deliver). o f t,hc instru-
ment t u the Kegistrar-	of a warrant as aforesaid, it shall be lawful for the Registrar-General,
General.	or Court, or Judge, to examine such person upon oath; and, in case the same shall seem proper, to order such person to deliver up to the Registrar-General such grant, certificate of title, or other instru- ment as aforesaid; and upon refusal or neglect by such person to deliver up the same within a time to be named for that purpose in
I n case of neglect or	snch order, the Registrar-General shall issue to the proprietor of the
r c f i d, l'cgistrar-
General tnzy issue a	said land such grant, certificate of title. or other instrument as is
her& provided to be issued in the case of any grant or certificate of title being lost, mislaid, or destroyed; and. the Iiegistrar-General shall enter in the register book notice of the issuine of the said grant, certificate of title, or other instrument, and thc circumstances under which the sarnc was issued, and such other particulars as having regard to the estate or interest of the registered proprietor of such land he may deem necessary to be entered therein.
fresh certificate or
other instrument.

ceedings to bc con- 87. If the person who is charged with haviug so fraudulently or

If party abscond, pro-

duuted as in the Last: wrongfully obtained from, or procured to be made, or issued by the

of party atlanding

upon summons or Registrar-General such grant, ccrtificata of title, or other instrument,

warrant.

or such entry, nlemorandum, or endorsement as is hereinbefore men- tioned, shall be proved to the satisfaction of the Registrar-General or Court, or Judge, to have absconded, so that the Judge's warrant or summons of the ltegistrar-Genera1 cannot be served upon him, the same proceedings may the11 be taken as if snch person had becn duly summoned or been brought up by virtue of a warrant, as afore- said, and had refused or neglected to deliver up such grant, certificate of title, or other instrument.

Court to ~ ~ a r d	costs
and expenses.	88, I n every proceeding, under this Act, relating to any summons, examination, or warrant, it shall be lawfld fur the Eegistrar-General, Court, or Jl~dg'e, to give or withhold to or from either of the partics who may attend any such summons, examination, or warrant, his reasonable costs and expenses, and shall direct by whom such costs

and expenses are to be borne and pnid.

Costs i~zpaid

may be

levied by distress.	89. I n case such costs and expenses shall not be pad, pursuant to the directioil for payment thcreof', the amount of such costs and
expenses shall be levied by distress; ancl the liegistrar-General or Judge shall issue his warrant of distress accordingly; and the sum therein directed to be levied shall be levied by distress, and sale of the goods and chattels of the party liable to pay the same and the overph~s arising from the sale of such goods and chattels, after satisfying such sum of money and the expenses of thc distress and sale, shall be returned, on demand, to the party whose goods shall Imve been distrained.
NO distress to be	90. No distress, levied by virtue of this Act, shall be deemed unlawful, nor shall any person making the same, Be deemed a tres- passer on account of any defect or want of form in the application,
trespasa for van t of
form.

warrant
warrant of distress, or other proceeding relating thereto, nor shall such person be deemed a trespasser ab initio, on account of any irre- gularity afterwards committed by him; but all persons aggrieved by such defect or irregularity, may recover full satisfaction for the special damage in an action on the case.

91. The Registrar-General shall not, except as hereinbefore is Indemnity of Regiu-

trar-General.

provided, be subject to be sued or prosecuted by any person whom- soever on account of any act done or default made by him in his character as Registrar,Gcneral; and the person, goods, or lands of the Registrar-General, shall not be liable to execution of any legal process by reason of any act or default made or done by him in his character of Ecgistrar-General, but he shall be indemnified out of the assurance fund or out of the General Revenues of the said

h-..

- --

Province, m case such assurance fund shall prove to be insufficient, in respect of all losses, costs, and damages, which may be incurred or recovered by any person under any action or suit brought or prosecuted under the provisions of this Act, touching: or eoncemiiig any matter or thing relating to the execution of thls Act arid tlic powers hereby granted.

92. Every person sulnrnonecl to attend before the Registrar- witnesses t o lmve

cxpcnses tendered.

General as a witness, in respcct of any instrument required to be produced, or m y act, m n t t t c or thing, hy this Act authorized to be done, proceeded with, or inquired into by, or bcforc the Registrar- General, shall have his necessary expenses tendered to h imin like manner as is now bp law required upon service of a subpena to a witness in an action at law.

93. It shall he lawful fin the Hcgistrxr-Cieneral to cllargc and I"e~s

to be charged.

rccovcr such fees as shall be appointed by the Governor of the said Provincc~, by ancl with tke conscnt of the Executive Council, not in any care exceeding the several fees specified in thc Schcclulc hereto, marked U.

94. All the clmses in this Act contained which relate to future Clduses of this A C ~

I csinting to the bring-

proceedings for bringing. land under the operation of this Act, and ing of

which relate to thc valiclity and effect of certificates of title of land "v.1

I ' T ~ ~ Y

~t to

be ret~oupcctivt..
to bc hereafter issued by the 1iegistr;tr-General shall, so far as the same shall bc deemed necessary or requisite for giving validity and effect to, or for confirming any ccrtificatc of title of land which may have been already brought un(1er the opemtion of thc Km1 Property Act, or issued by the Registrar-General, be adjudged a i d held to be retrospectil-e and to have the like validity, operation, and effect, as if the said clauses had been inserted in the Real Property Act when the same was originally passed by the Governor-in-Chief and Parliament of South Australia.
95. The right to register and deposit any instrument required to ~ ~ ~ f t ~ $ ~ $ ~ ~;
be registered under the provisions of this Act, or to enter a caveat and his att lwey or

affecting any land, shall be exerci~ed

by the person claiming under or

in
in respect of such instrument OF caveat, or by his solicitor; and when- ever such instrument shall be left with the Rcgi st rar-Gcnclxtl for the purpose of being registered under the provisions of this Act, sncln instrument shall be certified by the person registering thc same as correct for the purposes of registration under the Iieal Property Act, and a statement to that effcct shall be endorsed on such instrument and signed by the person so registering the sainc; and the Registrar-General shall not be required to compare the said instrument, when the same is left with the Registrar-Gcnerdi with the duplicate thereof in the custody of the pcrson registering such instrument; and shall not incur or become subjcct to any liability, action, or other proceeding in consequence of any error or mistahc
in the duplicate thereof, but tlle prrson who sllnll hlsely or n c ~ l i -
gently certify to the corrcctncss of any instruincnt on rcgistcnng

Penalty for registering

the sanie, shall incur therefor a penalty not exceedinq Il'ifty I'ounclb:

incorrect instruruenta.

Provided always, that thc aforesaid penalty s l d l hot prwcnt the person who may have sustained any damage or loss in consequcncc. of error or mistalie in any such ccrtified instrurucrlt or any duplicate thereof, from recovering damages against the person wllo shall have certified such instrunicnt and the duplicate tllcrcof' to bc correct fbr the purpose of registration.

Judges of Supreme

Court to regulate re-

96. I t shall be lawfd for thc: Judgcs of the 8uprcme Court to re- or kind of rernuncration to be in future cllargecl ancl received By the Practitioners of the Supreme Court for convcpancing, or other bwj- ness, regulated or affected by the provisions of this !let, and to frame, as far as may be practicable, a scale of fees m d crnoluii~eilts for such business; and such scale of fees shall be laid before both Houses of tlie said Parliament within fourteen days after the s:*rne shall have

muneration of Prae-

adjust, fix, arid determine the rclmuneration, ant1 the rate, or mode,

titioners.

been framed, if the said Parliament shall be then sitting, or if liot

sitting, then within fourteen days after its 'nest sitting; and s11~1i

remuneration, fees, or emoluments as shall be fixed, or detcriiiind, or

allowed by the Judges of tlie Supreme Court, for such business as

aforesaid, if not disallowed by the said Parliament, shall bc chalgc-

able by the Practitiorm-S of the Supreme Court for such business

accordingly, with such power of varying the same as from time to

time theU~;1dges

for the iime being shall approve,

From the Right Bore. Sir

E. B. Lyttm, Bw~., M.P.,

to C3owernor Sir Richard Graves

Macllorenell, C.B.

Ro. l?.

Downinn-street. 7th May. 1859.

air-I

have ,received your Despatch, No. 291, of the 17th fanuaryr last, fo;&arding an

authenticated copy of m Act passed by the Legislative Council and House of Assembly of South Auetrdia, and to which you have aesented in Her Majesty's name, intituled An Act to amend

Property Act,"

I have to acquaint you that I have laid this Act before the Queen,

it will be left to its oneration.

At the Bame time I hav; to point out to you, that&Act

does

of he

rgrious Registration Acj of your C)ovemment, No. 15 i3'TET

was

to in Lord Bt;surlep's Deapatoh No. 16, ofthe 10th

-
X have, &c,,
CARNARVON,

the absence of Sir E. B. Lptton.

SCHEDULRS REFERRED TO.

T, A.B., bcing registered as the proprietor of an estate (here slate natztre of

the

e\t& or int( 'iuf/, ~nhjcct, bowel-cr, to such encumbrances, liens, and intcrrsts, as are notific d by rriemoranda cndorwd hereon, in that piwe of land situated in (here d c s o ibo t h ~ lrtrid Gy tr ~r!ffi'r.ic~nt desc.ril~tio)l,for iderbtz;f?liny it with Ihe tlescr$ion in the

qrnnl, co.ttjStrxlr (J'titlc, or instrwn~wl relcrting to the snmp, npj~pari~ig

in the rryister-

bool:,

nr tcZ r<f2.rrii~y

to thc oriYiutrl grnl~t

such laud 6y tlu Crowt~j.

And dcb~ring

to render the said land available for the purpose of seculing to and

for the htwetit of C. I ). the slim of money hcrcinafter mentioned, do hcrcby encumber thv s d l,~ntl, for tl:c hne f i t of the said C. D., with the sum of £, to be

raised 'mJ p:,id at the times and in the manner following, that is to say-(Ji~vr

statr

tho /; d f r, uppoI'd(d f i r

fhe

~ ~ u y ) ~ t e ) ~ t

(If

the sum i t~ teml~d

to be s~r'fdred,

the

i ~ ~ t e r r ~ t,

nuy, o ~ ~ i l

t f t ~

c t. r n f s on

whiiah

s u c l ~

.;urn shnll b~c~omc

and censr to be $ayable; nlso, m ~ y

slw(.kl cwenants o r poictJrs, and any ~ n o d i j r ~ t l i o r ~ ~ s rf the pozoers o r remedies yiucrz 2u col encuiubt rcncec by tlrr Bral Property Act) : And subject as aforesaid, the said C.D. sliall br entitled to )l1 powers and remedies given to an encumbranccc bq thc Real

Proper ty h~ t.

I n witness nlwreof I h a w hereunto signcd my name this

day of

in ttlc plcscnrc of E.$'.

I, ,1 R., being registerecl as the proprietor of an estate (here sttrte ncrturr. t!f thr

rstufe or intp?wt), subject, however, to sach encumbrances, liens, and interests, as arc notihcd by rnernoranda endorsed hercon, in that piece of land situated in (Awe dc wribc [he l tc r~c l by n su&~icrtt dcscrljtiolz for idenf$jing it with the drswiption in f h e

yrunt, cerfifictcle of

litlr, or instrzcnzetzt relating to the same appeariny in t h ~

reyi\/er-

Q 2

book

book, and referring to the origir~al

grant qf such land hy the Crowrz), do hereby transfer

all my estate or interest in the said land above described to C.D. of

, EJ'.

,	as trustees of the same, under the provisions of thc

, and G.11. of

Real Property Act.

In witness whereof I have hercunto signed my name this

day of

the presence of

Accepted-C.D.,	E.F., G.H.,	in the prcscnce of
Schedule o f Trusts.

I t is agreed that the above-described land shall be held by t ! ~

abow-named

trustees upon the trusts following, that is to say-

C~rtiJicate

of Begistrar- Ge~zeral

vpon uck~zo~c,Zeclymsrzt

instrument fo Br iilrrr?~ ~ I J

Married Wornar~

7~12dcr

cZa2cse

I certify that this instrument was this day produced bcfore me the undersigned

(R. R. 11, Xegistrar-General, Judge, or M u ~ t e r of

the Kuprtn~r Cozirt) of South

Australia (or A. B., a

Commissioner

duly nufhorixrd, in pzwarruncs ?f

all 0 r r l i ) ~ u m r

qf' the Govrrnor, roilk the aduke and cunsertt of

the Le!/islutivr Cow~ci l ~f S o u t f ~

dus t ra l ia, in that b e h a y for

takhrg acknowbdyrnents

rnarriscl roomr)a. or X

:'I*'.. Iht.

Coir~missioner

94amed in the Comrnissiorz heremto n?axr~.red,

G. H., Jud,ys, L I lc~yw,

Chief iMayistra2e uf

), and was acknowledpl by

the mifc of therein named, being personally plesent hefore me, and being of full age and competent understanding, to be her act and inatrumelit. prexious to which acknowledgment the said being examined by mc, separately and apart from her husband, touching hcr knowledge of' the contents of the said imtrument and her consent thereto, clecla~ed that shc fully untlerstood t h i nature and effect thereof, and that the same was Freely and voluntarily executed by her.

As witness my hand this

day of

I?. B.

T., Itegistrtr-CiencraI,

Fees payable for. the per~brn~rrncc

the seveid ocfs, n?ntfsrs, a d

tJ~ings

I~erei~z

specFecl.

For the bringing land uncler the operation of this Act: to be paid to
thc Lands Titles Commissionc.rs, ocer and abate the cost of all
advertisemclits herein prehcribetl, to be in such case pul)lishcd :-

When the title consists of a Land Grant only

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

When the title is of' any other description

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

Receipt and noting of caveat

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

Registering memorandum of sale, bill of mortgage, bill of encwmbrnnce,

or nomination of trustees

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

For registering transfer of mortgage, or of encurnbrancc, or release of

mortgage or encumt)rance, or the transfer or surrender of a lease

Registering dcclarntion of ownership, tuken by transmission

.. .. .. ..

For eyerp ccrtificate of title issued to proprietor for balance of land
left upon a transfer of portion of the land included under a former

grant or certificate of title

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

Pox certificate of title issucd under othcr circumstances ............

For every powcr of attorney

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

For evcry registration abstract ................................

For cancelling pot\ er or registration

abstract

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

For every revocation ordcr

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

For e ~ e r y

search ......................

: ....,...............

For ccrtified copy, first five folios, per folio of seventy-two words. .. .
And for cvery folio, or part of folio, aftcr first five.. .. .. .. .. .. .. .. ..

For every instrument drawn on parchment

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

For every map or plan deposited.. ..............................

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Adelaide: Plinted by authority, by W. C. Cos, Government Printcs,