Real Property Act 1860 (SA)

ANNO VICESIMO TERTIO ET VICESIMO QUARTO

No. 11.

An Act to consolidate and nmcnd certai9.l Acts elating to the tramfer a d

encumbrance of .freehold and other interests in land.

[Assented to, 17th October, 1860.1

HERE,QS a certain Act was passed in the twenty-first year Preamblo.

of lIer present Majtjestv, No. 15, and intituled " An Act to No. 15, 21 Vict.

simplify the Laws relating to thc transfer and encumbrance of

freehold and other interests in Land:" And whereas another Act was

passed in the twenty-second year of Her present Majesty, No. 16,	No. 16, 22 Vicc.
and intituled " An Act to amend the Red Property Act;" and it is expedient to consolidate and amend the said Acts; and whereas the preamble of the first recited Act sets forth that the inhabitants of the Province of South Australia are subjected to losses, heavy costs, and much perplexity, by reason that the Laws relating to the transfer and encumbrance of freehold and other interests in land are complex, cumbrous, and unsuited to the requirements of the said inhabitants; and whereas, for the effectual rremoval of the grievance therein set forth, it is desirable to substitute for existing titles, subject to impeachment or defeasance, other titles which shall not be subject to impeachment or defeasance, and to compensate proprietors for loss
or damage that may be occasioned by reason of such substitution,
a d that thereafter, all transfers and other dealings with land shall
be effected by means of registration of title, and not by means of
deeds or other instruments, and that title to land, or to any estate or
interest therein, acquired by registration, hall be irdefezd.de and not liable to impeachment: Be it therefore Enacted, by the Governor- in-Chief of the Province ~f South Australia, "th the advice and

Q consent

.4

54

consent of the Legislative Cduncil and House of Assembly of the said

Province, in this present Parliament assembled, as follows-

@

Bepcal of previous

isor&

1. From and after the day appointed for this Act to come into operation the mid two Acts s h d be, and are hereby repealed; and all other hws, Statutes, Acts, Ordinances, rules, regulations, and practice whatsoever, relating to freehdd and other interests in land, so far as inconsktent with the p~cvisions of this Act, are hereby repealed, so far as regards their application to land under the provisions of this Ad, or the bringing of land under the provisions of this Act: Provided always, that all lands heretofore brought under or subjected

to the provisions of the said recited Acts, shall for all purposes be

deemed and taken to be under and subject tro the provisions of this Act; and in dl questions affecting the validity of any proceedings under the said recited Acts, the provisions of this Aet shall be held to apply for the purpose of protectingfrom adverse claim parties registered as proprietors of any estate or Interest in land brought under the provisions of the said Acts; and no certificate of titlc issued prior to the day appointed for this Act to come into operation shall be irn- pmched on the ground that any such certificate of title varies from the form of certificate givcn in the Schedule to the said recited Acte; a d all proceedings commenced prior t.o that day, either for the bringing of land under the provisions of the said Acts, or for transferring, mort- gaging, or otherwise dealing with land under the provisions thereof, shall be valid and effectual as if the said proceedings had been com- menced and taken under the provisions of this Act; and all further steps, if any, necessary for the completion of any proceedings so commenced as aforesaid, shall be taken in accorda~ice with the pro- visions of this Act.

Short title.

2. This Act may be cited, for dl purpose^, 88 the " Real property Act of 1860."

Interpretation of

certain terms.

3. I n the construction and for thc purposes of this Act, and in all

instruments purporting to be made or executed thereunder (if not

inconsistent with the context and subject matter) the following terms shall have the respective meanings hereinafter assigned to them, that is to say-

"Land" shall extend to and include rnessuages, tenements, and

hereditaments, corporeal and incorporeal, of every kind and description, whatever nay be the estate or interest therein, together with all paths, passages, ways, waters, water-

COUIIES, liberties, privileges, easements, plantations, gar-

dens, mines, minerals, and quarries, and all trees, and timber thereon or thereunder, lying or being, &ss the same are specially excepted:

" Grzmt" shall mean the land grant of any land of the Crown bp

any Governor or Rekdent Commissioner of the said Prevince:

. " Proprietor" shalf mean any person' seised or possessed of any

estate or interest at law or in q u i,

in possession, in futurity,

or

or expectancy, whether a life estate, or greater or less than a

life eetate, in any land:

" Transfer" shall mean the passing of any estate or interest in land

under this Act, whether for valuable consideration or otherwise:

Rlcmorandum of Transfer" shall mean the instrument executed

by the person having estatc or interest in land with a view to

transferring such estate and interest, in form D of the Schc-

dule hereto, or in such form as in conformity with the provi-

sions of this Act may for the like purpose be authorized:

" Transmission" s h d mean the acquirement of title to or interest in land consequent on the death, will, intestacy, bankruptcy, insolvency, or marriage of a proprietor:

" Certificate of title" shall mean the instrument evidencing the seisin of the fee simple, or of a life estate, executed by the Registrar-Gel~eral, in form C of the Schedule hereto, br in such form as in conformity with the provisions of this Act may for the like purpose be authorized:

Mortgage" shall mean any charge on land created merely for securing a loan:

Mortgagor" shall mean the borrower of money on the security of any estate or interest in land:

" Mortgagee" shall mean the lender of' money upon the security of any estate or interest in land:

Bill of mortgage" shall mean the instruntcnt in foxm F of t%e

Schedule hereto, or in such form as in conformity with the provisions of this Act rizay for the like purpose be authorized, executed by the intending mortgagor with a view to creating such mortgage as last aforesaid.

"Encumbrance" shall mean m y charge on land, created for the purpose of securing the payment of an annuity or sum of money, other than a loan:

Encumbrancer" shall mean the person, not being a mortgagor, who shall have charged any estate or interest in land with any annuity or sum of money:

" Encumbrancee" shall mean the person, not being a mortgagee,

for whose benefit any estate or interest in land shall have

been encumbered:

" Bill of encumbrance" shall mean the instrument creating such encumbrance, executed by the person having estate or interest in land in form G of the Schedule hereto, or in such form as in conformity with the provisions of this Act may for the like purpose be authorized:

G Registration abstract" shall mean the instrument under the hand and seal of the Registrar-General, executed in the form M of the Schedule hereto, or in such form as in conformity with the

provisions of this Act, may for the like purpose be authorized,

available in lieu of the register book, for the purpose of enabling a person to mortgage or to sell ih places, without the limits of the said Piovince, land whereof he may be seised as

5 proprietor: Cc Lunatic"

K tuna&" shall mean any person who shall have been found to

be a lunatic upon inquiry by the Supreme Court, or by any Judge thereof, or u p a Commission of Inquiry issuing out of the Supreme Court in the nature of a writ de lwmtico in-

q uireado : %

bTerson of uhsound mind" shdt mean any person not an infant, who, not having been found to be a lunatic shall be in- capable, from infirmity of mind, to manage his own. affairs:

Consular Officer" shall hcltide ConsuldGcneral, Consul, and Vice- Consul, a&d any person for the time being discharging the duties of Consul-General, Consul, or Vice-Consul:

" Instrument" shall mean and include any land grant, certificate of title, conveyance, assurance, deed, map, plan, will, probate or exemplification of will, or any other document in writing relatihg to the transfer or other dealing with lands:

" Persofi," used and referred to in the masculine gender, shall in-

clude a female as well as a mde, and shall include a body

corporate:

The describing any person as proprietor, transferor, transferee, mortgagor, mortgagee, cwumbrancer, encumbrancee, lessor or lessee, or as trustee, ox as seised of or having any estate or interest in any land, shall be deemed to include the heirs, executors, administrators, and assigns of such person:

And, generally, unl~ss the contrary shall appear from the context,

every word irnporthg the singular number only, shall extend to several persons or things, and every word importing the plural number, shall apply to one person or thing, and every word importing the masculine gender only, shdl extend to a female; and whenever a form in the Schedule hereto is directed to be used, such direction shall apply equally to any form to the l i e effect signed by the Registrar-General, or which for the same purpose may be authorized, in conformity with the provisions of this Act; and any variation from such forms, not being in matter of substance, shall not affect their	validity or regularity; but they may be used, with such alter-	ations as the character of the parties or the circumstances of
the case may render necessary.

Functions of the

~egietrar-~enera~ 4. The department of the Registrar-General shall be the depart-

and his department.	ment authorized to carry into execution the provisions of this Act,
and of a y Acts to am&d or extend the pr&isions of this Act in
force for the time being; and the pcrson holding the office of Re- gistrar-General, and his Deputies, at the time of this Act coming into operation, shall perform all the duties of' Registray-General under this Act: And whenever, by any law for the time being in foxce in the said Province, anything is appointed to be done by the Registrar-General, the same may be lawfully done by any Deputy Xtegistrar-General.
Appointment of

Reghtrar-Generd. 5. Upon the death, resignation, or removal from office of the Ke- ,- gistrar-

gistrar-General, or of a y Deputy Registrar-General, as the case may

be, it shall be lawful for the Governor, for the time being, by

warrant under his hand and the public seal of the said Province, to appoint a fit and proper person ta be Registrar-General, or Deputy Registrar-General, as the case may be, and every such person to remove and to appoint another to the said office in his stead.

6. The oath following, shall be taken before one of the Judges of Oaths

the Supreme Court, by every Registrar-Generd, and b.y every Deputy Registrar-General at present holding office, or that may hereafter S bc appointed, befare entering upon the execution of his office-

t

I, d. B., do solemnly swear, that I will faithfully, and to the best of my ability, execute and perform the office and duties of Registrar-General, or Deputy Registrar-General, for the Pro- vince of South Australia, according to the provisions of the

Real Property Act, So H E L ~ YE GOD,

7. All documents whether purporting to be issued or written by Certificates and doeu- ments purporting to

or under the directions of the Registrar-General, and purporting b e signed and sealed

either to be sealed with his seal of office, or signed by him, or by in given be received as cui- to

one of his deputies shall be received in evidence, and shall be deemed a,,,,

to- be issued or written by or under the direction of the Registrar-

General without further proof unless the contrary be shown.

8. The Registrar-General shall have and use a seal of' office, gedOf office.

bearing the impression of the Royal Arms of England, and having inscribed in the margin thereof the words 'Registrar-General, South Australia";" and the imprint of such seal shall be valid, whether rnadc in wax, ink, or other,substance.

9. The Registrar-Generd may, with the consent of the Gwcrrror RC v i ~ t m r - ~ ~ n r t d, w i k sanction of

of the said Province, from time to time, make such alterations in the , . ,.,,,,,,

several forms of instrl~ments prescribed in the schedule hereto as he forme ofinstr~tments,

map deem rrquisite; nnilsl~all, l ~ f o n. finally issuing any such altered "*.

form, give such public notice th~rcof as he deems necessary	in order to prcvent inconvenience;. and shall came every such form
to Fe sealed with his seal, or marked with some other distinguishing
mark, and to be supplied at the General Registry Office free of
charge, or at such moderate prices as he may from time to time fix, or may license any person to print and sell the same; and every swlr form, if made in a form purporting to be a proper form, and to be sealed or marked as aforesaid, shall be taken to be made in the form hereby required, or in the form sanctioned by the agistrar- General, unless the contrary is proved.

10. Every person who counterfeits, assists in counterfeiting, or pro- ~ c d t y for counter-

feitiug seal, fraudu-

cures to be counterfeited, such seal or other distinguishing mark 1 entl altering form,

as aforesaid, or who fraudulently alters, assists in fraudulently and or not using forms issued by the P

altering, or procures to be fraudulently altered any form issued by R egistr ar-~eneral,

the Registrar-General, with a view of evading any of the provisions

R a f

..

of&& Act, or any wn&tion contained in such form, shall for such offence be deemed guilty of a misdememor, and shall incur a penalty

not exceeding One Hundred Paund~; or may, at the discretion of

the Court befare whom mch mse may be tried, be imprisoned for.

a ~ y perid not exceeding twelve cdendar months; and every person who, in my ewae i9 which a form sanctioned by the ltcgistrar- General is by this Act required to be used, uses without reasonable excuse any form lpot purporting to be so sanctioned, or who prints, d s, or me& t~n.y document purporting to be a form so sanctioned,

knowing tbe -me not to be so sanctioned fox the time being, or not

to have been prepred aud issued by the Registrar-General, shall,

for each auch offence incur a penalty not exceeding Ten Pou.nds.

power@ of Registrar- 11. The Registrar-Gteaerd may exercise the following powers, that

is to say-

T O inswt dwumesta (1.) He may require the proprietor or other person making appli-. cation to have any land brought under the provisions of this Act, or the proprietor, or mortgagee, or other person interested in any land u d e r the provisions d this Act, 'in respect of which, any transfer, lease, martgage, encumbrance, or other dealing, or any release from any mortgage or encumbrance is about to be transacted, or in respect ~f which any transmission is about to to be registered, or registration abstract gyanted under this Act, to produce any land grant, certificate of t:tk, conreyance, deed, mortgage, lease, will, or other instrument in his possession or within his control affecting such Xand ortthe title thereto.

TO S U ~ W ~ O I I and (2.) He may summon any such pro~rietor, mortgagee, or other

e d o e witnesses.

person as aforemid to appear, and give any explanation rc- specting such lmd, or the instruments affecting the title thereto,

and if, upon requisition, in writing, made by the Registrar-

General, such proprietor, mortgagee, or other person refuses or neglects to produce any such irkstrument, or to allow the same to be inspcted, or refuses or neglects to giue any expltmatio~

which he is hereinbefore required to give, or knowingly mis-

leads or deceives any person hereinbefore authorired to dGmand

penalty not exceeding One Hundred Pounds; and the Registrar- any such explanation, he shall for each such offence incur a

General, if the instrument or information so withheld appears to hinl material, shall not be bound to prooeed with Ihe bringing of

such land mder the provisions of this Act, or with the regis-.

tration of such mortgage or sale, or with the issuing of such

pgwers of rnwtgage or sale as the case may be:

To aadministw &?.IS. (3.) He may administer oaths, or, in lieu of administering an oath, may require any erson examined by him to make and subscribe

a declaration of t e truth af	X	the statements made by him in his,
examination:

T~(;ormtwrom. (4.) We mayl upon sueh evidenee as shall appear to him and the Lands Titles Commimioners sufficient in th& behalf, correct errors in certificates of title, or in the register book, ar in entries made therein re~pectivdy, aqd may supply

entries

entries omitted to be made uader the pmvikons of this Act: Provided always, that in tbe correction of any swcb error

he shall not erase or render illegible the original words, and

shall affix the date on which such correction urtwrn~dq or entry supplied, with his initials; and every certificate of title so cor- rected, and every entry so corrected or supplied shall hrtve the like validity and affect as if such error had not hen made or such entry omitted, except as regards any assurance, or instru- ment, which may have been entered in the register book pre- viously to the actual time of correcting the error or supplying

the omitted entry.

(5.) He may enter caveat on behalf of any person who shall be under TO .*hr caveats.

the disability of infancy, coverture, lunacy, unsoundness of mind, or absence from the said Province, or on behalf ot Her Met.. jesty. Her heirs or successors, to prohibit the transfer or dealing with any land belonging or supposed to belong to any such persons as hereinbefore mentioned.

Executivc Council, by warrant under his hand and the public seal 12. I t shall be lawful for the Governor, with the advice of the $ # ~ ~ ~ ~; ~ ~ ~ ~ ~

of the said province, bo appoint two persons, not being legal prac- titioners, who, together with the Registrar-General, hall be Com- missioners for it:vestigating and dealing with claims for the bringing of land under the provipions of this Act, acd from time to time with like advice and in like manner to remove any of such Commissioners SO 91-pointed from office azld to appoint another person in his place.

13. The style of such Commissioncrs shall be the " Lands Titles style, remuneration.

Commissioncrs." The Registrar-General shall receive a reasonable ofpxOccdure.

salary. The other Commissisners shall be remunerated by fees on applications referred to them for bringing lands under the pradsions of this Act. At meetings of the said Lands Titles Commissioners, two shall form a quorum, and the Registrw-General, if present, shall preside as Chairman,

14. I t shall be lawful for the said Commissioners, subject to the So!icitora to be W pointed.

approval of the Governor, to appoint two legal practitioners at reasonable salaries, to be their soliciton and permanent counsel, and also, subject to the like approval, to dismiss and discharge such solicitors and to appoint others in their stead: Pra~ided always, that the Lands Titles Commissioners, and their sol.icitors, holding office by appointment. under the hereinbefore recited Acts, s h d, upon this Act coming into operation, be held to be appointed under the provisions of this Act: Provided also, that such legal practitioners shall not, directly or indirectly, act as kgnl practitioners otherwise than as legal practitioners to the said Commissioners,

15. All land in the said Provinoe rema%ng u~~alicnated from the Land alienated after

Cxotvn on the day appointed for this Act to come into operation, to provisions ofb this Act, to be subjecB

whether waste lands, or lands set apart as roads, or as reserves for Act.

public purposw, shall, when alienated in fee, be ljlbject to the pro-

visions of this Act. 16. Land

prior 16. Land in the said Province alienated from the Crown in fee, prior

to the $ on rhiah

thi~ A C ~ cornea into to the day appointed for this Act to come into operation (whether such land dud1 constitute the entire or only part of the land included in any

geRG"

brought under mPJ be the

'operation ofthis ~ c t. grant) may be brought utnder the provisions of this Act in the ToHowing -mmner, %at is to s a y L ~ h e Registrar-General shall receive app'lica1;ions in form A of the Schedule hereto, or in words. to the like effect, for b1.inging land ander the provisions of this Act, if made by any of the foilowing persons, that is to say-

By any person (claiming to be the person) in whom the fee simple of the land is vested in possession, either at law or in equity: Provided, that wherever trustees, seised .in fee simple, have no express po&er to eel1 the land which they may seek to bring under the operation af this Act, the person claimiag to be bene- ficially entitled for the first life estate, or other greater estate tbaa a life estate in the said land, shaU cansent in sucli application:

By any person claiming to be entitled beneficially to land for a life estate, or a greater estate than a life estate in possession: Provided, that where the applicant is a married woman her husband shall consent in such application:

By the father (if he shall be living) or (if the father shall be dead)

by the mother or othex guardian of any minor in the name of

such minor:

By the committee or guztrdian of any lunatic, or person of unsound mind, in the name of such lunaiic, or person of unsound mind: -

nndiviaed 5bawl and

mortgaged lands may	Provided always, that the Kegistrar-General shall not receive such undivided share of any land unless the persons who shall appear to be entitled to the other undivided s1iare.s of the said 6 n d shnll join in such application with a view to bringing
not be brought under

Act except upon	application from any person claiming- to be entitled to an
conditione.
the entirety of tlie mid land under the pravisions of this Act,
nor shall the Registxar-General receive any application fi.0111 the mortgagor of any land subject to mortgage, to bring such land under the provisions of this Act, unless the mortgagee
shall consent in such application; nor from the nlortgagee of any land, except in the exercise of a power of sale contained
in the mortgage deed.
iostruraents of titlc

Applicant to &pasit	17. And such applicant shall, in his application, state the nature possession, or in futurity, or expectancy, and wheiher the land be occupied or unoccupied, qnd if occupied, the name and descrip- tion of the occupant, and the nature of his occupancy, and whether
and abstract, if	of his estate or interest in such land, and of every estate or interest
required.	held therein by any other person, whether at law or in equity, in
such occupancy be adverse or otherwise; and &all make and
subscribe a declaration to the truth of such statement, and shall deposit with the Registmr-General all instruments in his pos- ses&n, or ander his control, constituting or in any way effecting
his title to such land, and dso, if required, an abstract of title, in Rhich he shall set forth and describe every instrument constituting

or

or in sny way affecting his title to such land, with the names, and so far as shall be within his knowledge, the addresses of all persons, if any, seised or possessed of any estate or interest in such land, at

law or in equity, in possession or in f~ttnrity, or expectancy,

whether a life estate, or greater or less than a life estate, and shall make and subscribe a declaration to the truth of such abstract, or if such applicant be the sole ancl only person having estate or interest in such land, then hc shall nlalre and subscribe a declaration to that effect.

18, Upon the receipt of snch application, the Registrar-General shall refer the same to the L.ands Titles Commissioners for their considera- ti, Lmds grantad eu6- sequent to Registra- A,,of

tion, and if bt shall appear to such Commjssioness that the applicant proprietor k

applicant proprietor is the original grantee from the Crown of the ., traneaotions have original grantee, and

'inntl in respect, to which application is made, and that such land takenplac?. Land6 granted prlor to :

has been grmtcrl on or subsequent to tlm first day of March, one ltegistration A O ~ of

thousand eight hmrdved and fortytwo, and that no sale, mortgage, ;%?&'4? f$icat

iz other encumbra~~ce or transaction in any way affecting the title of original grantee, or

such land, has at any time been registered in the said Province, then, ~ ~ ~, t ~ ~ ~ ~ { ~ s ~; t o

and in such casc. it 'shall be lawful for such Commissioners to direct aye also partics t o applicatibn, and no

the Itcgistrar-Genera1 to bring such land under the provisions of this t,,,,i,,io,, have

Act forthwith; and if it shall appear to the satisfaction of the said taken place. When evidence of title is

Clommissioaei~ that the land referred to in such application was not clPar, or trans-

grmted prior to the first day of March, one thousand eight lllissions hove takeu place, or parties

hundred nud forty-two, and that every mortgage, encumbrance, OF interest& in unaath-

bencficid interest affecting the title has been released and satisfiecl* ~ ~~ i ; ; : ; f ~~ ; ; ; ; t : ;

or if any such mnr tgagc, tmcnmhrnnce, or intercs t remains unsatisfied,	cation.
that thc parties intertlstid therein are also parties to such application, then, and in any such case, tlx said Cornmissio~~ers shall direct the

Registri~1.-C;)enci*at to cause notice of such application to be advertised

once in the ~Sorcth Ausftmlinn Gow.r.nr)tetlt Gtscett~, and three times in at lcast one newslmper published in the City of Adclaide, and shall f'urtlrcr limit and appoint n time, not lws than one month nor inore than twelve rnoirths from tlie date of the advertisement in the

said Gouemment Gazette, upon or after the expiration of which, the

Registrar-Gcnwal shall, unless hc sE1al1 in tlw irlt~rval have receivcci "

a caveat forbiddin him so to do, proceed to bring such land under

of the said &mmissioners, that my pdrties interested in any un- the provisions of t % is Act; but if it shall appear, to the satisfjction

satisfied mortgage or encumbrance affecting the title to such

land, or beneficially interested therein otherwise than as lessees,

arc not parties to such application, or that the evidence of title set forth by such applicant proprietor is imperfect or incomplete,

it shall be lawful for such Commissioners to reject such appli-

cation altogether, or at their discretion to direct the 1tcqistrar- General to causc notice of auch application to be published in the South Australian Govertzment Gazette and in the L~ndors. Guxettt., and in the official Gaxcttes of each of the Colonies of Now south Wales, Tasmania, New Zealand, Victoria, Western Australia, and Queensland, or in any one or more of such Gazettes, and the said Commissioners shall specify the number of times, and a t what intervals such advertisement shall be published in ench

8 01

-

or any of sooh Gazettes, and &all also limit and appoint a time,

pot less &tin two month nor more than three years, from the

d8te of the first of twch adrerth+ements in the South A,uatraEoiLla \Gwnazwtt Gazette, upon or after the expiration of which, it shall be 3mvfd for the ItR8strar-Qeneral to bring such land under the proviaiona of this Act, unlw he shall in the interval h a ~ e received a

caveat forbidding him sor to ds.

'OtiF"

to be pubwed. of amliQB~Oa 19. The Registrar-General shall, under such direction as aforesaid,

' or under any order of the Supreme Court, cause notice to be published in such manner aa by sueh direction or order may be prescribed, that application had been made for bringing the land therein referred ta under the provisions of this Aet, and shall also cause copy of such notice to be poeted in a oonspicuous place in his office, and hi

L n d m ~ u @ t u p d = such other places as he may deem necessary, and shall forward

Oe Act,	through the Post Office copy of such notice addressed to the perm, if my, stpted in the declanltia~ by the applicant proprietor, to be in wupation of fsuch land; and also to such persons as may, upon inues- tigation of the title, appear to ha.( e previously held esbte or interest in the fee of such land, SQ far as his knowledge of the addresses of such
pereons may enable him; and unless within the time limited in such
direction, or under an order of the Supreme Court, he shall have be shall bring such land under the provisions of this Act, by issuing received a caveat, as K ereinafter described, forbidding him so to d e
to the applicant proprietckr, or to such person as the applicant pro- prietor may, by any writing under his hand, request or direct, a certificate of title for the same, as hereinafter describe?,
pdRinteK'Mma~	eater caveat.	20. It shall be lawful for any person having or claiming an interest in any land so advertised as aforesaid, or for the attorney of any such person, within the t ime that may by such directiop. as afaresa-id of the Lauds Titles Commissioners be for that purpose limited and appointed, to lodge a caveat with the Registrar4ferzeralal forbidding the hringing of such land under the provisions sf this. Act, in the form B of the Schedule hereto, and shall pwticularize the estate, interest, lien, or charge claimed by the person lodging the aame ; aod the person lodging such caveat shall, if required by the Registrar-General, deliver a fuil tmd can~pletc abstract of his title,
which &all contain the same matters, and be subject to the same regulations as are hereinbefore prescribed for the eaw of an abstract deposited by the applicant proprietor,

$f careat b receiael

within time limited,

21;. The Registrar-General upon receipt of any sueh caveat, within the h e for either case lpi ted as aforesaid, shall notify the =me b sueh applicant proprietor, and shall suspend further actkm in the matter, and the lande in respect of which such caveat may have been lodged, shall not be brought under the provbions of' this Act until auch careat shsr;ll hwe been withdrawn, or shall have laped from any af the causes bereinafter provided, or until a decision shall have been obtained from the Court having jurisdiction in the matter.

pmceedings ratayed

22. After

22. After the expiration of three calendar months from the receipt ~ ~ ~ ~ $ ~ e ~ m

thereof, every such caveat h 1 1 be deemed to have lapsed, xdess the	~ ~ i t h i n	thrw months
person by whom or on whose behalf the same was lodged, shall, within
that time, have taken proceedings, in any Court of competent juris- diction, to establish his title to the estate, interest, lien, or charge
therein specified, md thereof shall have given written ndtice to the Registmr-General, or shall have obtained from the Supreme Court a
distringas restraining the Registrar-General from bringing the land

therein referred to, under the provisians of this Act. %

23. If, upon the application of any proprietor to have land of may Applicant summons proprietor Regis-

- which he is seised brought under the provisions of this Ad;, the tmrdGenera1 to show

@gistrar-General shall refuse so to do, or, if such applicant proprietor cam'f~u'isBed

shall be dissatisfied with the direction upon his applimtian given by the Lands 'l'itles Commissioners, as hereinbefore provided, it shall be

lawful for such applicant pro p i e tor to req1rir.e t h 6 Regis trar-Gkneral to set forth in writing under his hand, his objections to the title bf such applicant proprietor, or the grounda upon which such direction was given, and such applicant proprietor may, if he think fit, at his own costs, summons such Registrar-General to appear before the Supreme Court to substantiate and uphold his objections to rjuch title, such surnrnons to be issued at the request of such applicant proprietor, or his solicitor, under the hand of a Judge of the said Court, and served upon -such Registrar-General six clear days at least before the day appointed for the hearing of such ~bjections, and such objections shall be heard by the said Court upon motion, and

upon such hearing, the said Court shall, if any such objection be a

question of fact, direct an issue to Le tried to decide such fact, and it shall thereupon be lawful for the mid Court to forbid the bringing of such land under the provisions of this Act, or to order that such land may be brought under the same, after the expiration of such period of time as the said Court shall think fit, not exceeding the period limited by any law for the time being in force in the said Province, as the period within which actions of ejectment may be brought, and the Registrar-General hall obey such order,

24. Upon any such motion, as aforesaid, it slmll be lawful for ffz,"&:I'p m ~ e d

any person interested in any land, touching or concerning the title to which such motion shall be made, and for the Registrar- General, by himself or his counsel, to argue the same hefore the said Court, in support of or objection to the bringing of such land under the provisions of this Aet, and the Registrar-General, or his solicitor, shall have the right of reply; and all expenses attendant upon any of Expew to be borna

thc matters or proceedings aforesaid, shall be borne and paid by the

a ~ ~ l i W n t b

person requiring such land to be brought under the provisions of this

Act.

25. I t shall be lawful for any applicant proprietor to withdraw may 4 %itl&aw hi4 w ~ ~ ~ c ~ ~ ~ p ~ ~ ~ ~ ~ ~

his application at any time pnor to the issuing of the certificate irf application.

title, and the Registrar-General shall in ~ u c h w e, upon request in

writing, signed by such applicant proprietor, return to him the

ahtlrac t

abatnxct and dl instruments of title deposited Sy such proprietrrr for

the purpose of supporting his application.

Caveat4 in certain	cases not to bar the 26. The Registrar-General shall not notice any caveat forbidcling
bdnging of Imd under the bringing of land under the provisioi~a of this Act if the party thie Aot. lodging the same claims only an estate or interest to take effcct aftel:

the determination, or in defeasarrce of an estate tail, or forbids the

bringing of such land under the provisions of this Act 011 the plea only of thc absence of legal evidence that a fbrmcr proprietor was in being and capable at the time when any power of attonkey executed by such proprietor was exercised by his attorney in the selling, or gurcliasing, or releasing of such land.

hstromentu of title,

if they ineluda &,ho* 27. Upon issuing a certificate of title, bringing land under the provisions of this Act, the Reg~strl;Cieaeral shall s t ~ m y

property, to be	as cancelled
returned to applicant

proprietor.	every instrumcnt of title depos~tect by the proprietor when making his application: Provided that if anv such instrument shall relate to
include any property, whether personal or real, other than the land included in such certificate of title, then the Kegistrar-Gencral shall endorse thereon a memorandum cancelling .the same in so far only as relates to the land included in such certificate of title, and shall return such instrument to such proprietor, otherwise he shdl retain the same in his office: Pro: ided also, that thc powers or authorities of the husband of any married woman, or of the guar- dian or committee of any minor, lunatic, or person of unsound mind, shall in no wise be altered or abridged in consequence of the issning
of any certificate of tide in the namc of such marricd woin'cm, minor,
lunatic, or person of in sound m i d.

"'le 28. 111 casc an q),pplicant propriptor shall dir. in the interval bctwrm

tsrrue in namo of

deceased npplicmt	the date of his application to bring ltlllcl under the provisio~~s of this
prop1 lctor.	Act and the dale when he sllall be elltitled to reccive a certificate of title to such land, thc certificatc of title shall be issued in thc name of such applicant proprietor, and such land shall devolve in like

Successian not inter- manner as if the certificate of title had becn issued to the applicant

proprietor prior to his den th.

Weiskar-aeneral to

kqep register book.	29, The Registrar-General shall keep a book to be called the Regiater Book," and shall bind up therein the duplicates of all grants, and of d certificates of title, and each grant mtllct certificate o f title shall constitute a separate foliwn of &cl1 book, and the Registrar-General shall record thereon tile particulars of all instruments affecting the land irldudccl under each such grant, or certzcate of titlc, distinct and apart.
l
Wmaindermen m y
*be registered as such.	30. Whenever a certificate of titlc shall haw been issued to a proprietor in respect of s life estate, or m y other estate less than an estate in fee simple, in land under the provisions of this Act, the person entitled as remainderman to the said land. may apply to be entered in the register-book as a rcminderrnt;n, and the Registrar-General shall thereupon cause the title af

such

- -* -Md*,"..<hL%*-. U-"*> .

auch ~tpplicant to the eatate or interest daiimed by him to

be investigated, and shall take the direction of the Lands Titles Corn-

missionem thereon, and shall cause advertisements to be published in manner hereinbefore prescribed for the case of bringing land under the provisions of this Act, and shall proceed to enter the name of such applicant on the registe~book aa remainderman of the estate o~ interest to which he shall appear to be entitled, unless caveat forbid-

ding such entry shall be received by him withia the time for that

,

purpose limited, in such direction, or by any order of the Supreme

Court, and the Registrar-General shall endorse upon the certificate ~

of title of such land, if produced to him for that purpose, a memo- on c e ~ a b

raildum setting forth that such applicant had been entered in the

register-book as wch remainderman, with the day and hour in which

such entry had been made, and the Registra~General shall in every

such case receive the same fees and payments, excepting the s u m

payable to the assurance f ~ ~ n d, as are required to be paid by persons

applying to bring land under the provisions of this Act.

5 1. Every remaindelman, and every person deriving through a Remainderman, re* tered ae such, pro.

remainderman, registered as such in the register book shall thereafter fmm deding

transfkr, mortg~ge, and encnrnber, or otherwise deal with the estate with estaee except in manner prescribed i n

or interest in respect to which he is so registered in manner and by this

the use of the instruments and forms by this Act prescribed in each

case for the transfer, mortgage, encumbrance, and other dealing

with land under the provisions of this Act, and not otherwise; md

the Megistrar-General ahaU enter the particulars of every memo-.

rancium of d e, bill of mortgage, bill of encumbrance, or other

instrument duly executed by such remainderman, or person deriving Rovisioh not to

through a rernaindennan, affecting the estate or interest in respect rem,indennan,	apply to unregistered
to which he is registered in the register book in manner hereinafter prescribed for the casp of transfers, mortgqp, encum- brances, andother dcaliiigs in land under the provisions of this Act.

32. Upon proof to the satisfaetion of the Registrar-General and Omtifieak ~ruw.

the Lands Titles Commissioner, that the life estate or other lesa

estate thatl an estate ih fee simple in respect of which a certificate as his estate &all

of title of land shall have been issued to any person ie determined, in p,,saeaaion, rind rovert into an eat&

or has become vcsted in the person entitled to the faid land for the ptuchaaer e n t i w t. a present estate in

estate next in remainder, or that the person to whom sGch ixr- Bhple.

ti(icate has been isaued, or a purchme~ is absolutely entitled to the

said land for a present estate in fee simple in possession, it shall be

l ~ w f d for the Registmr43eneral to cancel the existing certificate

of title of such land, and in lieu thereof to issue: such new certificate

of title as the nature of the case and other circumstances may render

necessary,. and the Registra~Generd shall, in such case, enter in

the certificate of title when delivered up,

t prescribed to be entered h the m e of f title consewetlt on'a transfer or trains?.

that p h m to irastliMg any such new

~ertificate of title,, W Begiatrdhxml mop require tbe title of the

T parsop

person claiming to bu entitled in remainder to the mid land to be investigated, and direct advertisements to be published in manner as hereinbefore prescribed for thk case of applications madc for the pur- pose of bringing land under the provisions of this Act, and shall wceive the same fees and payments, including the sum payable to 'the assurance fund, as are required to'be paid by persons applying +

to bring land under the provisions of this 9 c t.

P<;NW fyi#bred 33. Two or more persons who may be registered as joint pro-

l o ~ t ~ ~ e b r s to

J 0ht &nf&S. prietors of an estate or interest in land under the provisions of this

-. Act shall be deemed to be entitled to the same as joint tenants, and

Tenantsin common in all cases where two or more persorls are entitled as tenants in

f"	distiact certificate	each a of	common to undivided shares of or in any land, such persons shall be
titre.	bound to receive separate tancl distinct certificates of title or other
instrument evidencing title to such undivided shares.

Per centage in the	34.	Upon the first bringirig of lwd under the provisions of this Act,
pound to be levied for

mewace of title,	whether by the alienation thereof in fee from the Crown or consequent upon the application of the proprietor of the fee or of a life estate, as hereinbefore provided; and also upon the. registration of the title to
X	the fee of any land under the provisions of this Act derived through the will or intestacy of a previ~us proprietor, there shall be paid to the *Registrar-General the snm specified in the Schedule hereto marked R; and in the case of land brought under the provisions of this Act by alienation of the fee from the Crown, the price paid for such land shall be deemed and taken to be the value thereof for the purpose of levying such mm; and in all other cases as aforesaid snch value shall be ascer* tained by the oath or solemn affirmation of the applicant proprietor or person deriving s u ~ h land by transmission: Prwided always, that, if
the Registrar-General shall not be satisfied as to the co~~ectncss of the
value so declared or sworn to, it shall be la~vful for him to reqnire .such applicant proprietor, or person deriving such land by transmis- sion, to produce a certificate of such value under the hand of a sworn appraiser, which certificate shall be received as conclusive evidence of such value for the purpose aforesaid.

Amranae fma to ae 35. All sums of money so received as aforesaid shall be paid to out of which shall be made good the full amount awarded by any verdict or decree ~f Court to any person deprived of any land, or of

in~eated in Govern-

ment securities.	the Treasurer of the said Province to constitute an assurance fund,
any estate or interest therein, by bringing such land under the
provisions of this Act, or by the issue of any certificate of title, or by
the registration of any transmission, transfer, or other dealing with
land u d e r the provisions of this Act, failing recovery from the person who derived benefit thereby; and the said Treasurer shall, from time to time, invest such sums, together with a,ll interest and
profih which may have accrued thereon, in the Soudl Australian
Government securities: Provided always that, in [case of the insuffi- ciency of such assurance fund, the full amount so awarded shdl be made good to the person ao deprived of a y l a d, or of any &ate, or
interest thereiny out of the Ge~eral Revenues of the said Province.
I, 36,. Every

. . A . ,

36. Every certificate of title shall be in duplicate aud in the ~; ~ ~; $ i; ? t ~ ~ ~ & 3

farm C of the schedule hereto, and the RegistrmGeneral shall bc boundup in	-
note by endorsment thereon, in such manner i s to preserve their priority, the particulars of all unsatisfied mortgages or other encum- brances, and of every lease, rent charge, or term of years, or out- standing estate or interest whatsoever affecting such land which shall have been registered or of which he may have notice; and, if such certificate be issued to a minor, or to a person otherwise under disabilities, he shall state the age of such minor, or the nature
of the disabilitv, so far as known to him; and shall cause one of
such certificat& of title to be bound up in the register book,
a d deliver the other to the propiictor entitled to the land described
in such certificate, and every such cer tificate of title, duly authenticated under the hand and seal of the Registrar-General, shall be received
in all Courts of Justice as evidence of the particulars therein set forth,
and of their being entered in the register book in the manner set forth in such certificate, and shall be conclusive evidence that the property comprised in such certificate of title has been dul brought
11ndcr thc provisions of this Act; and no certificate of tlt + e shall be	irnpeached or defeasible on the ground of want of notice, or of
insufficient notice of the application to bring the land therein described under the provisions of this Act, or on account of qny error, ornission, or informality in such application, or in the proceed- ings pursnant thereto, by the Lands Titles Commissioners, or by the Registrar-General,

3'1. Every land grant and certificate of titlc shall bc deemed and ~ [ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a " e @

taken to be registered under the provisions and for the purposes of when embodied in

this Act, so soon as the samc s h d have been marked by the Registrar-	'g""'	'	bQak*
General with the folio and volume as embodied in the register book; and cvery memoranclurn of transfer, or other instrument purporting to transfer, or in any way to affect land under the provisions of this Act, shall be deemed to be so registered so soon as a, memorial thereof shall have been entered in the register book upon the folium con- stituted by the existing grant or certificate of title of such land; and
and shall contain such other particulars a8 the Registrar-General	for the purpose of registration of the instrument to which it relates, every such memorial shall state the date and hour of the production	may direct, and the pcrson named in any grant, certificate of title,
or other instrument so registered as seized of, ox taking any estate or
interest, shall be deemed to be the registered proprietor thereof.

38. So soon a8 a memorial thereof shall have been entered in Uponentryof par- ticulars, instrument

the to be part of

the register book, every instrument drawn in any of several forms kemea embodied in the rcgister book as part and parcel thereof, and such instrument, when so constructively embodied, shall create and impose the like obligations on the persons signing the sme, and for the

provided in the Schedule hereto, or in any form which for the same r@terbod.

purpose may be authorized, in conformity with the provisions of this

like period of time as any deed or other instrument m d e to secure

the

h ppment of f r i n p fpedalty debt ; and every such instrument p y e ~

mted for registration ddl be in duplica&, and the Registmr-Ckneral,

tipon registration theroof, shall file o w original in his office, and

shall deliver the other to the petson entitled thereto.

~nstrurnents not

etrec,tuul until entq 3.9, Nu inskrumeht shall be eEectuat to pass any estate or interest

h ngky h m y land%-under the pr"ov&ions of this Act, or to render such land liable- ae security for tGe payment of money, but, so soon as any

,	ifi~tmunent shdl have been registered in accordance with the
provision8 of this Act, the estate or interest shall pass, or as the case may be, the land shall become liable as security in rrlanner, and

to thq covenants, conditions a d contingencies set forth and

~pec:iiled in, wch in~trurnent, OF by this Act declared to be implied fit jnrstrumenta of a like nature; and should two or more instruments, executed by the same proprietor, and purporting to transfer or en- cumber the same estate or interest in any land, be at the same time

resented to the Registrar-General for registration and endorsement,

{B ~ h d register and endorse that instrument, under which the person

claims property, who shall premnt to him the grant or certificate of

title 05 such land for that purpose.

tn~wrnenb not to be 40. The &gi&rar-General shall not register any instrument or interest in land under the provisions of this Act except in the rnaliner herein provided, nor unless such 'instrument be in accord- ance with the provisions hereof.

registered unloes in

accordance vith	purporting to transfer or otherwise to deal with or affect any estate
~reacf ibdfoma~

proprietor paramount. estate or interest, whether derived by grant from the Crown or ~ d t a t e d w i s t a r d 41, Nocwith~tanding the existence in any other person of any

otherwise, which, but for this Act, might be held to be paramount,

or to have priority, and, except in the case of fraud, the registered

proprietm of land, or of any estate or interest in land under the

provisions of this Act, ehdl hold the same subject to such encum. brsxlceq liem, estates, ax interests, as may be notified, by entry or memorial, cm the fdiurn of the register book, constituted by the land

.a (ather encdmbrances, lienrr, estates, or interests whatsoever, except	grant, or certificate of title of such land, but absolutely free from	the estate or* interest of a proprietor claiming the mme land under a p y i ~ ce;rtihh d title, or under a prior grant registered under ths pPiai.ow of thk Act, ruld excopt as regards the omission or misd&ptioa of ruty right of way or other easernent, created
in or existing upon any land, or the wrong description of any land, or uf its bourdaries,

Bdem&takw*

aorded on duplkate

grant or O*	WrU-
meat.

durn of the date and hour on which the said memorial was entered in the register book, and shall authenticate each such endorsement by signing his name and affixing his seal thereto; and every instru- by EnaOmment ~egktrar -~enera~ li@

ment so endorsed and authenticated, shall be received h afl Courts to be evidence.

of Justice as conclusive evidence of the particulars therein set forth,

and of all covenants, conditions, and matters therein expressed, or

by this Act declared to be implied, and that such instrument has

been duly registered.

43, So soon as any land shall have been brought under the provisions surr~ndered deeds

aad instmm~nts,

of this Act, no transferee er mortgagee shall be entitled to the produc;t;ion dabd prior to exist-

of any deed or other instrument surrendered by the applicant proprie- 2	;$fi;;~,~'~l~~
tor, or any memorandum of tmnsfer or other instrument dated prior to
the existing certificate of title of such land, unless such instrument	a
be recorded in the register book, and upon the existing certificate of title, as an incumbrance, lien, or interest in or affecting the said land: Provided that this clause shall in no way snpersede qny order that may be made by a Judge of the Supreme Court for the produc- tion of any such deed or instrurrlent in case of lispenden.~.

44. When laid under the provisions of this Act is intended to be Trunsfcr,

transfer-red, the trai~sferor s f d l execute a memorandum of transfer in form D of' the Schcdulc: hereta, which nzemorandum shall, for description of the land intcndcd to be transferred, refer to the grmt or certificate of title of such land, or shall give such descrip- tion as rimy be sufficient to identify that particular portion of laird intcndcd to be transferred, and shall contain an accurate statement of the estate ar interest intcrrded to be transferred; and a memo- randum of dl mortgages and other enciztnbrances affecting the same, and if such land be leased, the name m d description of the lessee, with a memorandrum of the lease, and every such rnemorandwn of transfer shall be attested by a witness,

45. Whenever any easemmt or any incorpared light other than Eaacmcnts and in-

m annuity or rent chargc affecting any land under the provisions of corporeal	registered.	rights to be
this Act, i a created for the purpose of being aiinexect to or used and
enjoyed together with other land under the provisions of this Act,	the Registrar-General shall enter a memorial of the instrument
creating such easement or incorporeal right upon the folium of the register-book constituted by the existing grant or certificate of title of such other land.

46. If the memorandum of transfer purports to transfer an estate in eetatc in fee-simple

fee-simple, in the whole or in part, of the land mentioned in any fi cate of title to be be transferred, certi-

grant or certificate of title, the transferor shall deliver up the delivered up a ~ l d can-

the said land; and the Registrar-General colled, so fer as regards

p a u t or c'erkificate of title of the portion of land

&all, i31 such C ~ W, enter on such grant or certificate of title, a me- transfe*ed

mormdurn cancelling the same, either wholly or partially, accarding

as the memorandum of transfer purports to transfer the whole or

part only of the land mentioned in such or ccrtificqte of title,

and setting forth. the parriculms of the transfw occasioning such s u p

render and cancelling.

. Y 47. The

47, The ~ e g k t r k - ~ e n e r a l upon cancdhg any grant or certifii-

p'R6 ibaued eertMmta to pur-r. to

cab of title, either wholly m partially, pursuant to any such transfer, @hallmake out to the purchaser or other registered transferee, a

certificlarte of title to the land mentioned in such memorandum of

transfer; and every mch certificate of title shall refer to the original grant of auch land, and to the memorandum or other instru- ment of transfer to the purchaser or other registered transferee

A aertificate for the	thereof: and the Registrar-General shall retain everv such cancelled
bhnce,	hlmrtld, if any be W-	or pa&al17 cancelled grant or certificate of tit16 and wlxnever
imuea ta pmprietor	req~ired thereto, by .the proprietar of an unsold portion or balance
when demanded, or to
awgi8,dhsn8fem	of land included in any such partially cancelled grant or certificate
th*rcaof.	of title, or by a registered purchaser or transferee of such portion pr of my part thereof, shall make out to such proprietor, purchaser, or transferee, a certificate of title fox sueh portion, or for any part thereof, of which he is the proprietm, purchaser, or tmnsferee,

Lends under the pro-	48. When any land under the previsions of this Act is intended to
visions of this Act-

bow leased,	be leased or demised for a life or lives, or for any term of years exceed- ing three years, the propdetwr sbd1 execute a lease in form F, of the Schedule hereto; and every such lease shall refer to the description that is given in the grant or certificate of title of the land, or shall give such other description tts may be necessary to identify such land,
No leaee of mart-	a;ad ~h8U be attested by a witness: Provided nlw~~ys, that no lease
gagtd land xalid
without consent of	af mortgaged or encumbered land, executed subsequently to the.
mortgagee.	registration of any bill of mortgage or bill ~f enenmbrance, shall be valid and binding against the mortgagee or encurnbrancee, uilless such mortgagee or eneumbrancee shall have consented to such lease prior ta the same being registered.

Right of purohaee 49. In any such lease a right to purchase the fee simple of the

maybe emenant eitipulakd, land thereby demised may be granted to the lessee by a stipw. lation to that effect expressed in snch lease, or a covenant to pur- chase the fee simple 6f the said land may.be entered into by'tha lessee, and in such c&e, the true amount of the purchase-money to be paid, the period within which such right may be exercised, or such covenant is to be performedr and such other prti,iculaxs

such right or covenant shall be stated on such lease; and in case

as may be considered necessary for explaining the terms of

the letwe shall pay the purchase-money stipulated and otherwise

observe his covenants expressed and implied in snch lease, the lessor shall be bound to execute a memorandum of transfer to such lessee af

the saidland and the fee simple thereof, and to perform all necessary

acts by this Act prescribed to be done, for the purpose of trans-. '

fering to a purchaser the said land and the fee simple thereof.

em ma be sac- 90. Whenever any lease or' demise, which is required to be re&-

lucnt by lessee with tered bp the provisions of this Act, is intended to be surrendered, 6

wnwmnoe ofleaeor. and the surrender thereof is cffected otherwise than through the operation of a surrender in law, or than under the provi&ions of any law at the time beiiig in force in the said Pfovince relatirig to insol-

vent estates, there shall be endorsed upon such lease, or on the

cam te~par t

counterpart thereof, the word "Surrendered," with the date af such surrender, and such endorsement shall be signed by the lessee and by the lessor as evidence of the acceptance thereof, and shall be attested by a witness, and the Registrar-General thereupon shall enter in the register book a memorandum recording the dztte of such

surrender, and shall likewisc endorse upon the lease a memorandum

recording the fact of such entry having been made in the registem book; and upon such entry being sa made in the register book, the estate or interest of the lessee in such land sbaU revest in the lessor, or in the person in whom having regard to intervening circumstances (if any), the said land would have vested if no such lease had ever been executed, and production of such lease or counterpart, bearing such endorsement and memorandum shall be sufficient cvidence that such lease had been so surrendered,

5 1.	Whenever any land or estate or interest in land under the ~rovi-	Lands under ttis Act
-how mortgaged or

sions of this Act is irkended to be charged or made s2curity in fdvor of

any mortgagee, the mortgagor shall execute a bill of mortgage in form BiU of or

F of the Schedule hereto; and whenever any such land, estate, or enoumhrance to be re- corded in order of

interest as aforesaid is intcndrd to be charged with, or made security .,	of prodwtion
in favor of m y cncuinbrancee for the payment of an annuity, rent, charge, or sum of money, the encurnhrancer shall execute a bill of encumbr.alice in form G of thc Schedule hereto; and every srzch bill of mortgage or bill of cncumbrance shall contain an accurate statement of the estate or interest intended to be mortgaged or encumbered, and shall refer to the description
given in the grant or certificate of title of the land in which such
estatc or interest is held, or shall give such other description as may be necessary to identify such land, together with a statement of all mortgages anit other encumbrances aff'ecting the same (if any), and every such bill of' mortgage or bill of encumbrance shall be

attested by a, witnem; and shall be registered in the order of time Priority o mortgags*

in which the same is produced to the Registrar-Genvral fox that pur- and encumbrances.

pose; and bills of mortgage, and bills of encumbrance registered in

respcct to or affecting the same estate or interest, shall, notwith- standing any express, implied, or constructive notice, be entitled in priarit~ a m over the other according to the date of registration, and

not according to the date of each instrument itself.

month in payment of the principal money, or interest, or any pert agot or encum- 52. In case default shall be made for the epace of one calendar Remedy whenmort-

rancer is in default.. '

thereof, secured by m y registered bill of mortgage, ox if default shall be made in the observance of any covenant that may ba expressed in such bill of mortgage, or that is therein as against the mortgagor hereinafter declared to be implied, or in case such default for the space aforesaid hall be made in payment of the annuity, rent, charge, principal money, or. interest, or any part thereof repectlvely, secured or charged by any registered bill of encumbrance, or if defadt shall be made in the observance of any covenant that may be expressed in such bill of encumbrance, or that is therein as against

the encumbrancer hereinafter declared to be implied, the mortgagee,. or

encnmbmnce,

encumbrancee, after giving to the mortgagor or encmnbbrancer, notice, in writing, to pay the m o i q then due or owing OTI such bill of mort-

gap, or bill of encumbrance, or to observe the covenants therein

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

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

p k e of a W e in Stwth Atmtrali., of the mortgagor or cncumbrancer,

or other permn claiming to be then entitled to the @aid land, and ~f't*er such default in payment olr in observance of covenants continuing for the further space of one calendar month from the date of such

Pawet to NU.	notice, is &reby authorized and empowered to sell the said land so mortgaged or cncumhered, or my past thereof, and all the estate and interest therein of the martgapr os encnmhmnccr, and either alto- gether or in lot^, by public auction or by primtc cantmet, or both such modes of d e, i.wl subject to such conditions as he may think
fit, and to buy in and resell the same without being liable for any
loss occasioned thereby, and to make and execute all. such instru-. ments as shall be neceesapy for eEecting the sde thereof, all which
sales, eontracte, matters, and t b g s, hereby authorized, shall be as.
valid and effcct&l as if the mortgagor or encumbrancer had made, done, ar executed the same, and the receipt or receipts in writing, of the mortgagee or encumbrancee shall be a sufficient dis- .cllarge to the purchaser of such land, estate or interest, or any portion thereof, for so much of his purchase-money as may b e thereby expressed to be received; and no such purchaser shall be. answerable for the loss, mi~applicat~ion, or non-application, or bc. obliged to see to the application of the purchase-money by him paid, nox shall he be concerned to inquire as to the fact of any default, notrce, or requisition having been made or siven, as aforesaid; and the purchase-nwney to arise from the sale of any such land, estate,. or interest, shall be nppl.ied: Fkst-Ln paymcnt of the expenses
accdtsioned by such sale: Secondly-In payment of the moneys whick
Appmprintion mf pro-
wee&.	may then be due to the moxtgagee or encumbrancee, and the surplus,, if any, shdl be paid t~ the mortgagor or encumbrancer, as the case may be.

Be~trarb'"ne'al 52Ir Upon the registr~tion of any memorandum or instrument of

give effect to sale by

mortgagee or eurum-

trandw executed by a mortgagee or encumbrancee, for the purpose

Brancee.

of such sale as aforesaid, the estate or interest of the mortgagor or

eneumbrmeer thereirm described as to be conveyed shall paps to and vest in the purchaser fxeed and discharged from all liability on

mxmunt of such rnortgqye ~ m: encumbrance, ox of any mortgage or

.eicumbrance registered subsequent thereto; and if such memo- %andurn of transfer purports to pass an estate in fce simple thc purchaser s h d be entitled to receive a certjficate of title for the

M m "

B.pmante by instal-

menk

54. The payment af any elm of money by weekly instalments, or &her periodical payments, may be secured on any land or on my es& or interest therein, by bill af mortgage, or bill of encumbrance,. in tbe efol?m F or 43 of the Schedule hereto, by varying such form soL

as to exprew fully tkEe terms and modes of payment of such sum of

money I

*"

m

money: Provided dso, t h ~ t the period of time hereinbefore limited

as the period after expiration of which it shall be lawful for a mortgagee or encumbrancee to sell an estate pledged as security,

in the event of default made in payment of interest or principal, or Power to v q &nuno of	enforcing payment.
of any annuity, or rent-charge, or in consequence of the non-fulfilment

of any covenant. may, by condition expressed in any such bill 6f

' mortgage, or bill of encumbrance, be extended or shortened, and

notwithstanding such variations in such form, the like covenant^,

rights, powers, and ohligsitions shall be implied thereunder and

thereby, both against the mortgagor or encumbrancer, and the mort- gagee or encurnbrancee, as would be implied if no such variatior~ had been made in the form of such Schedule.

55. Every bill of mortgage and bill of encumbrance shall be con- ~ ~ ~ ; ~ ~ ; $ ~ ~ ~ s

strued and have effect only as a security for the sum of money, not a transf~~.

annuity, or rent charge intended to be thereby secured, and shall not operate or take effect as a transfer of the land, estate, or interest intended to be thereby charged with the payment of any money, but it shall be lawful for the mortgagee or encumbrancee, upon default in payment of the money secured by such bill of mortgage or bill of In case of default, mortgqee or encum-

encumbrance or any part thereof, to enter into posses8ion of the brancee m y enter and take possession

mortgaged or encumbered l ~ n d by receiving the rents and profits or may distnin.

thereof, or to distrain upon the occupicr or tenant of the said land' under the power to dis'train hereinafter contained: Provided also,

that it shall 'be lawful for any registered mortgagee or encum- May bring aotion for ' ejectment or may

brancen, whenever any principal or interest money, annuity, or rent fo,,l,8e

right ofre.

charge shall have become in arrear, to bring an action of ejectrnent demption.

to obtain possession of the said land either before or after entering

into the receipt of the rents and profits thereof, or making any

distress as aforesaid, and either befbre or after any mle of such

land shall be effected under the power of sale given or implied in

such bill of mortgage or bill of zwcumbrance, and any such registered

mortgagee, or encumbrancee shall be entitled, by suit or other pro-

ceedings in equity, to foreclose the right of the mortgagor or encum-

brancer to redeem the said mortgaged or encumbered lands.

56. Besides his personal remedy against the mortgagor or encum- Mortgagee or encum-

brancer, as the case may be, every mortgagee or encumbrancee for ~ ~ ~ ~ ~, ., ~ ~ ~, d ~ ~ $ ~	the better recovery of any principal sum or of any arrears of interest for arrears not oxceed*
which may be due under any bill of mortgage, or of the arrear of ing the amount of rent due by such
any annuity or rent charge, or principal sum, or any interest which tenant or occupier.
may be due under any bill of encumbrance, shall be entitled
after such principal sum, interest, annuity, or rent charge ahall
have become in arrear for twenty-one days, and after applica-
tion for the payment thereof ehall have been made to the occupier
or tenant to enter upon the mortgaged or &cumbered land and
distrain and $ell thc goods and chattels of such occupier or tenant,
&d to retaizl thereout the moneys which shallabe so in arrear, and all
code and expnqes occasioned by such distress and sale: Provided that No lessee liahle fcr
no ledwe or tenant oceupjfing such land shall be liable to pay to any greater sum thmi the amount of rent actu-
mbftg&gee or encumbmcee of such land a greater s u m than the ally owing by him,

W amount

amouht of r e t which at' the time of making snch distress may be then due from such lessee or tenant to the mortgagor, or encum- branmr, or to the person claiming the said land under the mortgagor

or encurnbrancer.

Mortgagee or encum-

brancee of leasehold 57, Any mortgagee or encumbrancee of leasehold land under the

entering into poa-	provisians of this Act, or any person claiming the said land as a
seiasion of rent and
profit8 h o r n s s liable	purchaser or otherwise, from or under such mortgagee or encum-
fo lemr.	brmcee, shall, aftex entering into posseskion of the said land, or the rents and profita thereof, became and be subject and liable to the lessor of the said land, or the person for the t ime being entitled to the said lessor's estate or interest in the said land to the same extent as the lessee or tenant was subject to, amd liable for, prior to such mortgagee, encumbrancee, or other person entering into possession of the said land, or the rents and profits thereof,
58. Upon the production of any such bill of mortgage or bill of encumbrance, having thereon an endorsement signed by the mortga- gee or encumbrancee, and attested by witness discharging the estate or interest pledged, or subjected as security by such bill of
mortgage or bill of encumbrance from the whole or part of the
principal sum or annuity thereby secured, or discharging any part of the land comprised in such bill of mortgage, or bill of encum- brance from the whole of such principal sum or annuity, the Regis-
trar4ieneral shall make an entry in the register book, noting that
the said mortga e or enmmbrance is discharged wholly or partially, or that part o f the land is discharged as aforesaid, as the case may require, ana upon mch 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 any principal sum or annuity, or the portion of land mentioned or re- ferred to in such endorsement as aforesaid, as intended to be discharged from such principal sum or annuity, shall cease to be mbject to or liable for the 8ame, or as the case may be, for the part thereof noted in such entry as discharged, pursumt to such entry as aforesaid; and in case any annuity or sum of money shall be secured
brancee or other person, or contingent upon the occurrence of some by any such bill of encumbrance during the life of any encum- event or circumstance, the Regi~trar-Generd, on the prod~xokion of such bill of encumbrance, together with proof of the death i f such annuitant d other person, or together with proof of the occurrence of the event or circumstance upon which, in accordance with the
provieiom of such bill af encumbrance, such annuity or sum of
money shdl cease to be payable, as the case may be, and upon proof of all arrears of the said annuity, and intereet or money having been
paid, wtisfied, 91- diachaged to2the said annuitant or other person
entitled to the m e, shall make an entry h the register book,
noting that sGeh annuity or sum of money is satisfied and discharged, and shdl cancel such bill of encumbrance, and upon such entry being made in the register book, the- land, estate, or interest which had been pledged or aubjeeted m security for the payment of such

annuity

annuity or sum of money shall cease to be subject to or liable for

the same, or any charges incident thereon; and the Registrar-

General shall in any or either such case as aforesaid endor~e qn the

grant, certificate of title, or other instrument evidencing the title of

the mortgagor or encumbrancer to the land, estate, or interest mort-

gaged or encumbranced, a memorandum of the date on which such

entry as aforesaid was made by him in the register book whenever

such grant, certificate of title, or other instrument shall be presented

-

to him for that purpose: Provided always that the discharge of part only of the land comprised in any bill of mortgage, or bill of encum- brance by such endorsement as aforesaid, shall only have the effect of discharging the portion of land so described in such endorsement as intended to be discharged, and shall not have' the effect of dis- charging the whole of the land so comprised as aforesaid from such principal sum or annuity.

59. In case any mortgagee of property under the provisions of Mortgage money may

this Act shall be absent from the said Province, or in case there ~ e ~ ~ ~ ~ i ~ ~ $ ~ ~ $ ;

shall be no person authorised to give a receipt to the rnortgctgor for be absent from the

the mortgage money at or after the dat'e appointed for the redemption diachUSged,	Colony, and mortgage
of any mortgage, it shall be lawful for the Treasurer of the said Pro- vince to receive such mortgage money, with all arrears af interest then due thereon, in trust for the mortgagee or other person entitled thereto, and the Registrar-General shall, upon the receipt of the said Treasurer for the amount of the said mortgage money and interest, rnalic an entry in the register book discharging such mortgage, stat- +
ing the day and hour on which such entry is made, and such entry
shall be a valid discharge for such mortgage, and shall have the same
force and effect as is hereinbefore given to a like entry when made
upon production of the bill of mortgage with the receipt of the rnort-

gagee; and the Rcgistrw-General shall endorse on the grant, cer-	.
tificate of title, or other instrument as aforesaid, and also 0x1 the bill of mortgage, whenever those instruments shall be brought to him for that purpose, the several particulars hereinbefore directed to be en- dorsed upon each of such instruments respectively, and upon and after the date of such payment to the said Treasurer, the interest

upon such mortgage shall cease to run or accrue.

60. -4 registered mortgage, a registered lease, or the interest of Trrnsferolmortgage aria of encumbrance

a registerede encumbrancee may be transferred to any person	of
by memorandum of tramfer as aforemid, or by an instrument in the form H of the Schedule hereto, which instrument may be endorsed upon the bill of mortgage, lease, or bill of encumbrance; and upon such memorandum of transfer, or other instrunient, being registered, the estate or interest of the tranaferor, aer eet forth in such instrument, with a l l rights, powers, and privileges thereto belonging or appertaining, shall pass to the transferee, and such tran8feree shall thereupon become subject to and liable for all and every the =me
requirements and liabilities to which he would have been subject and
liable if named in such in8trumwt origindly aa mortgagee, encum-
brmacee, or lessee of such land, estate, or interest.

61. By

Tmnafer o f m o f i ~ 61. By virtue of every such transfer sr is hereinbefore mentioned,	or lease, ineludee
trader of right ta the right ta auk upcm any bill of mortgage, bill of encumbrance, or
sue thereunder. other instnzrnent, and to mcover any debt, sum of money, annuity, or darna$es thereunder (notwithstanding the same may be deemed or h d d to constitute a cbaece in action), and all interest in any snch debt, sum of money, annuity, or damages, shall be transf'erred so as to vest the &me at law, as well as in equity, in the transferee thereof: - "
savialr powers to
Courts of Equity to Provided always, that nothing herein contained skiall prevent a
giro erect to true*& CO& of Eqnity from giving effect to any trusts affecting the said debt, sum of money, mnuity, or damages, in case the trnnsfcree shall hold the same as a tvuatee for any other person.
General covenant8 to
be implied in instru- 62. In everyin&ument creating or tmsfkrring my estate, interest,
mente. or charge for valuable consideration under the provisions of this Act, there shall be implied the following covenants by the party creating or transferring such estate, interest, or charge, that is to say-That

auch covenanting party will, at the cast of the party requiring the same, do all such acts, and execute all such instruments, as in accordance with the provisions of this Act may be necessary to give eBect to zlll covensnts, conditions, and purposes expressly set forth

in such instrument as aforesaid, or as are by this Act declared to be

implied against such covenanting party in any such instrument.

Transferee of land 63. In every instrument transferring an estate or interest in land

~ubjoct to mortgage

or encumbranoe to under the yrovisions of this Act subject to a bill of mortgage or of

indemnify transferor- encumbrance, there shall be implied the following covenant by the

transferee of such estate or interest, t, h t is to say--That such trans-

feree will pay the interest or annuity secured by &h bill of mortgage or of emumbrame, after the rate and at the times therein mentioned, and will indemnify and keep harmless the transfcror fiwm and against the principal mxi secured by such bill of mortgage or of encumbrance, and from and against all liability in respect of any of the covenailta therein contained, or by this Act implied, on the part of the trans- feror.

Covenants to be 64. In every bill of mortgage there shall be implied the following

in eveq

of mortgage.	covenmts against the mortgagor, that is to say-
(1.) That he will pay the principul money and interest thereby secured, after the rate and at the times therein mentioned, without any deduction whatsoever.
(9.) T h 6 the mortgagor will rep& and keep in ,repair .all buildings

.os other .impovemenb erected and made upon such land, and that the mortgagee may, at all convenient times, until such mortgage be redeemed, be at liberty, with or without surveyors

ox others, t6 enter into and upon such land to view and in~pect

the ~tat6s td q a i z of mch buildings or improvements.

I

Covenants to be 89. 1% every lesse t h e shall implied the following coven~t9

!-	qgPmat the lessee, that ie to say-
(1.) That he will pay the-rent thereby ~eserved at the times therein mentioned,

@

-

.mentioned, and all rates and taxes which may be payable, in respect of the demised property, during the continuance of the lease.

'(2.) That he will keep and yield lip the demised property in good

and tenantable repair,

66. In cvery lease there shall also be implied the following powers "wen to beimplied

in lessor.

in the lessor, that is to sny-

(1.) That he may, hy himself or his agents, at all reasonable times, enter upon the demiscd property, and view the sta* of repair thereof, and may serve upon the lessee, or lea.ve a t his last or usual place of abode in this Province, or upon the demised pro- perty, a notice in writing of any defect requiring him within a reasonable time, to be therein prescribed, to repair the same.

(2.) ' l h t in case the rent, or any part thereof, shall be ifi arrear for the space of six calendar months, or in case default shall be made in the fulfilment of any covenant, whether expressed or implied in such lease on the part of the lessee, md $hall be contihned for the space of six calendar months, or in case the repairs required by such notice, as aforesaid, shall not have been oompleted within the time therein specified, it shall be lawful far such lessor to reenter upon and take possession of such demised premises.

67. In any s~wh case the l$egistrar-General, upon proof to his note Registrar-~enera~ particulars of tr, red

satisfaction of re-entry and recovery of possession by a leWor by any entry in regi~ter-book.

proceeding in law, shall note the same by entry in the register-book,

and the estate of the lessee in such land shall thereupon determine,

but without releasing him from his liability in resp& of the brea&

of any covenant in such lease expressed or implied, and the Registrw

General s ld l cancel such lease if delivered up to him for that purpose,

Abbreviated form of

68. Such of the covenants hereinafter set forth, as shall be expres- , ,& for expremins

sed in any lease or mortgage, as to be implied against the lessee or covenants to be as effectual ae if such

mortgagor, shall, if expressed iu the form of words hereinafter a p ,,, s t , , , sot

pointed and prescribed far the case of each such covenant respectively, g$2	word0
be so implied against such lessee or mortgagor as fully md effectually as if such covenants were set forth fully and in words at length in such lease or mortgage, that is to say, the words " that he wi l l in-

purporting to deal with or affect any land under the provisions of this Act, unless there shall bt: endorsed thereon a certificate that the

or party claiming under or in respect of such instrument, or by his	same is correct, for the purposes of this ,4ct, signed by the applicant
aolbitor, or by a licensed land-broker employed bp him; and the
8egistra~General &a11 not be required to compare the said h~&u-
ment with the auplioate thereof, and shall not incur or become subject ta anyliabiiity, action, or other proceeding in consequence o$ any emr,
misrtake, or discrepancy therein; but the p r a m who shall ftclwly or
negbgently certify to tha correctness of any swh application or other
instrument. &all incur therefor a penalty not exceeding fifty p&ds~: Pendty f o r r e g i s ~ r i n ~ hcocmct i r w t r u ~ t s.
f rovided always that such penalty shall aot pmvent the person who may have sustained arty damage a loss in consequence of error or
mistake in any such certified instr~ment, or any duplicate ~lzermf
from recovering damages againat the person who SW have certified
the eame.

d v i r fm m &&l& be appointed bp the Governor of the a i d

.Pleoivi*ncce, try srnd with the Mrnsent of the Executive Council, not i i ~

cage exceding tbe w e d fees sp-fied in the Saheduk hereto

marked R.

Reetrar-General to

ay lgoneyls into 136. The Re@~traI.tG)eneral &all keep a correct amount of all

L, and M such sums of money aa shall be received by him in accordance with

mdsr zwcowt*.	the provisions * of ibis Ad, and shall psy -the same into the public Tremury qf tbk mid Province at such times, and shdl render accounts of the same to such persons, and in such manner as may be directed
in m y regulations that may for that purpose be prescribed by the
G m m o r - S i e f of the mid Province, by and with the advice of the Executive Council thereof; and the Registrar-General shall address
the said T~easurer requisitions to pay moneys reeivcd by him or by the aid Treasurer, in t r u ~ t ar otherwise, on account of absent mortgagm ar other peraons entitled in accordance with the pro-
visions of this Act, which rapkitions, when proved and audited
h manner directed, by any sduch regulations framed as aforesaid at the time being in force in the said Province, and accompanied by warrant for pttyment of the same under the hand of the Go-
vernor, countersigned bp the Chief Secretary thertaof, the said
Treasurer shall be bound to obey; and all fines and fees received 4
under the provisions of this Act, except fees payable to the Lands Titles Commissioners for the bringing of land under thc operation of this Act, shall be carried to account by the said 'l'reasurer as general revenue.

Penalty Eor f a f y i u g 137. Any person who shall wilfully or knowingly, by fraud or

regiater book or pro-

curing entries or in-	misrepresentaticm, make, or came, or obtain to be made in the
rtnments by fraud or	register book, any entry which might in any way affect the right,
mismpreae~tationa.	title, estate, or interest of himself, or of any person, in any land under the provisions of thia Act, or who hal l wilfully or knowingly, by fraud or misrepresentation, procure from the Registrar-General any certificate of title, registration, abstract, ar ather inst~nment
euidenci~g ar relating to title, or estate, or interest iu land under the provisions of this Act, or shall cause or procure to be made any entry,
d e in ar upon any such certificate, abstract, or other instrument, or certificate, memorandtun, or endorsement by this Act prescribed to be who shall W or utter any such certificate, abstract, or other instru- ment, knowing the same to be counterfeited, forged, rir altered, or to have bmn obtained by fraud or misrepresentation, or to contain or
bear any entry, memorandum, certificate, or endorsement as aforesaid,
forged, counterfeited, or altered, or obtained by fraud or misrepre- ~entation, and who shall be thereof lawfully convicted shall be
deemed guilty of felony, and be wutenced to be imprisoned for any
Semn	period not exceeding foris pars, md to be kept to hard labor or-

* solitary confinement for any part of the period aforesaid ;i and if mp

d ~ ~ ~ g t $, T - ~ ~	pernon shall wiUUll;y OF knowingly make a fabe oath p declaration
MdSd, in addiZr~n

reao*snble touchi.ng or concerning any matter or procedure made or done in

by tb. pn). d.mni-	pursuance of this Act, and be thereof lawfully convicted, such person
fid.
'shall be deemed guilty of perjury, and be imprisoned for the period i i \

arrd

and In the manner aforemid"; md in addition to such punighrnent, any person damnified, or suffering loss by m y such fraud, misrepre- sentation, forgery, counterfeit, alteration, use, or utterance of any such certificate, abstract, or other instrument as aforesaid, or by the making of any such false oath or declaration, hall have a right of action against and be entitled to recover damages from the person guilty of such fraud, misrepresentation, forgery, counterfeit, alteration, use, or utterance, or making such.false oath or declaration, the amount of all damages he may have sustained thereby, with full costs of suit, as hereinbefore provided.

238. Unless in any case herein otherwise expressly provided, all J u r i d c t i ~ *

offences against the provisions of this Act may be pi.osecuted, and all fknalties or same of money imposed or declared to be due or owing,

by or under the provisions of the same, may be sued for and recovered

in the name of the Attorney-General or of the Registrar-General, before any Court in the mid Province haviug jurisdiction far punishment of offences of the like nature, or for the recovery of penalties or sums of money of the like amount.

139. This Act shall commence and take effect from and after the z r m e n u e m ~ ~ ~ or

fifteenth day of Qctaber, one thousand eight hundred and sixty.

SCEEIIU'LE REFERRED TO,

d&dkatiofi to b r i v Eand urn* the proviaions of the Red Property Act of 3880.

I, AB., of . do declare (that f arnj or /on behalf of

of that he i s ) /here state t h ~ deecription mf the estate, whether in fee

&pla or a k5sw eatde, or a5 brlcstee or &Ed in kuet for uses) in all that piece of land mtaatad in (here state the sitmtlm) containing (here etate the area) be the same ra little mote or lese (excksive of a d intersecting 1Ae same any) with (here state rights of way and other privilepeu or eamnents appertaining, and set fortA a ruflcient d&Wt+8$80n to identgy t h kandJ which piece of land is of the ?due of

8 and no mom, and is (the tswn allutrnent or countty section,

BY i s par t of the toww a&6mmt, cmnlry wetion, o r reserve), originally grmted

to P , by land grant under the hand and seal of , f o r m d y

Governor (or Resident C o m m i ~ i m w ) of the Province of South Australia. Dated

the day of , numbered in the plan of the /di&icl, townshdp,

or county) of , ss deliaeated on the publie maps of the Province, depoaited

in the Survey Office Adelaide. And I do further declare that I am not aware of any mortgage, encumbrance, or claim affecting the said land, or that any perrlon hath any claim, estate, or interest in the said land, at law or in equity, in possession or in expectancy, other than is set forth and stated as follows, that is to say-(here state particulirrs of aU tmsrati8Jed mrtyayes, sncumkances, daims, or inierests, if any,) And I further declare that there is no pereon in possession or occupation of the said

lands adversely to my estate or interest therein, and that the said land is now (hem stats name and rdsacr~diim of occupiw, or that the land M wnoccupied), and 1 make

tht solemn declaration conscientiously believing the same to be true.

Dated at , this day of , l 8

Made and subscribed by the above-named , this day of

in the presence of me , Registrar-General, or Justice of the Peace.

I, A.B., the above declarant, do hereby apply to have the piece of land described

Act of 1860.

in the above declaration brought under the prorisions of the Real Property

Dated a t , this day of , l 8

Witneea to signature-C.D. A.B.

B

A.B.

e

\

C

SOVTH [Royal Arms.) Ausraa~t A.

Cert$cate of Title.

A. B., o f (here i sav t description, and if certificate b issued pursuant to any

transfer, reference to mmorcaladum of transfeet.) is now seised o f an estate h. 36

(here state whether i n fee simple), subject nevertheless t o such encumbrances 1" , ien8,

and interests as are notified by memorandum endorsed hereon, in that piece o f land

situated in the (County, Hundred, or Township) o f

(here znsert susdent description to ideta@ the land), which said piece of land is (or M

part of) the (Country Section, or Town aZhtment), marked , delineated in the public map o f t h p said (County, Hundred, or Townsh+), deposited

in the office o f the Surveyor-General, originally granted the

day o f , under the htrnd and seal of Governor /or Resident

Commissioner) o f the said Province, to C. D.

"I witness whereof, I have hereunto signed my name, and aExed my seal, this

day o f

Registrar-General. (L. S.

Signed, sealed, and delivered, in presence

o f the day o f

Menaorarcdum. of Trawsfer.

I, A, B., being registered as the proprietor o f an estate (here state nalure q' the

estate or interest, whether in fea siTap1e or l ye e~tate, or o j a greater or less description

tharr a l i fe estate) subject however to such encumbrances, liens, and interests as are -

notified by memorandum endorsea herem, in all that piece o f land situated in the

{ ( h m t y, Hundred, or Towash&) o f , containing (here state nrerq), be

the same a little moze or less (exciusive of rwads intersectiny the same, $may. Here

date rights of way, priviieges, or easements, if any, intended to be conveyetl ; and if the

land to be dealt with contain all that is ir~cluded in an existing grant or certzj%ate, reJi?r

tlsersto for description of pareels and dinymms, otherwise set forth the boundaries i91 chaitw, iilzks, or feet, and refer to plan deJiaeatei.4 on the margin, or annexed to the instrument, ar deposited in the Registry Cpce), which aaid piece o f land is /or is part 08 the (County flect'ection. ov Town allohenl), marked , delineated in the public map of the said (County, Hundred, or Tomddp), deposited i n the office o f the Surveyor-General, which was originally granted the day o f

, under the hand and seal o f Governor (or Resident

Commissioner) of the aaid Province, to C. D., in consideration o f the sum of

f: , paid to me by E. F., the receipt of which sum I hereby acknowledge,

do hereby transfer t o the said E. F., (all my estate or interest, or a lesser estate or inte~est, describing such lesser estate), i n the said piece o f land. I n witness whereof,

I have hereunto subscribed my name, this	day of
Signed on the day above-named, bp ?.he

said A. B., in the presence o f G. H.

E

. Lease.

I, A.B., being registered as pro o f an estate (here state nature of t h

than a Zge estate), subject, however, liens, and interester as are estate or interest, whether in .fie gimlp greater or less deaw+ticnr

notified b y mernorandum endorsed hereon, in that piece of land situated in the /cokaty, hundred, or b n s h + ) of eoetaining (here state area), be the earn.&

little m m or less {exclusive of roads intersec* tAe m. v M1 [here aratd rigdtu o J

" l y, p i d e g a s, m easements, if aBy intended to Be canoe@.) .$ the land to be C t

with crwtlaias all that is imZu& & an e&ting grant or cert~fioste of tit&, r s f r thereto

for de~cw'pllion a d diagram ; otIferm'~s s8t fwth the btmnd~rie~ in ohaim, Einh, arf%

and @'er IQ a pdan thereof on mar& of

o~ arnexed to the &as#, a t dq08ited i;n the

Regdstry

Ea

i?egi&y OflaeJ, d i e h sdd piwe d tmd is for i a part ofl the (country seckm, or

toutto dZutmnt ) marked , delineated in the public map of the $aid (cownty,

It&ed, or 56m&dp,f9 deposited in the office of the Surveyor-General, which was

originally panted the , under the hand and seal of

@~varnoz (@a, & a & h d m@,$ of the said Pr~Pince, 20 C. L)., do he~eby leaae to

&F,, of ( h e ~~C &eors$hj, dl the said laad&, to, be held by him, the eaid

.&P,, W. teJlant, for tbe mpcure of years, at the ywdy rental of V

pa-p~ble , f k a iaasrb 4 m m of p y m t of r d ) subject to the fdlowing corenanta,

conditions, and restrictione ( h e set forth a21 s p e d ooverra&a, i my, and state w k t

dmuwoflrbe deo&rsd 114( the libdal Proper* Act of 1860, k, d U implkd agaiPlst a &8mr and t e w e retpectiudg( are intsadsd to be barred or modt&d, aad in what

?aabn~.)

I, E.F. of fhsra insert d&8mption/, do hexeby accept tbia lease of the above-

desctibed landa, tio be held by rna as tnant, aad subject to the conditions, restric-

tions, and covenants above set forth. I

Dated this day of

Signed by the above-named A.B., as lessor, and by the above-named E.F., as

leseee, thirr. day of , in preaence of X.Y.

(Signed)	A.B., Lessor.
E.F., Lessee,

F

Bill of Mortgzge.

I, A.B., being registered m proprietor of an estate (here state na twe of the

estate ar interest, whether inf8e aimple or l f e eatate, or of a ureater or less description

notified by mtxnwanda eadorsed hereon, in that piece of land situated in the	than o Ire eatate) subject, hnwever, to such encumbrances, liens, and interests as ?.re
f county, hundred, or township) o f , mntaininf (hme slate area), be the same
a little more or less, (esr~usivi of roads intersectmg t e same, $any here state rights
of wty, pritdegerp, or emements, v any appertmininp], a?td i f the km 5 to 8 6 dead! with
contazns atl that & indtded in an exi$ting grant or certzj%ate g' title, refer thereto for
dsscriptioioa of pavceb alad diagram ; otherwise set forth the Lotmdareks i n chaina, lids,
ar feet, a d refer to plan thereof on margin of or annexed to the mortgage, or depo~ited
in the Beyistry Oflcej, which said piece of land is /or i s part o / the fcounwy sec-
fcounty, hundred, ou totpnsll@) deposited in the 00ice of the Surveyor-General, which tian, or town alZollneott) marked, delineated in the pubic f map of the said
was originally granted the day of, under the hand and seal of

Qovtxnor for Resddmt Commissioner/ o f fha aaid Province to CD.

In consideration of the sum of S , this day lent to me by E.F., of

[here insert dearcr@tima), the receipt of which sum X hereby acknowledge, do hereby eovenrtnb with tbe said EF., that I will pay to him, the said E.F., the above 6w-n of & on the day of. Secondly, that I will pay interest on the

said laum at the rate of fi by the $100 in the year, by equal payments on the

day o f , a d on the day of , in every year. Thirdly

(&we as# forth speeiaZ: cowmant&, if zany are i ~ h d e d, and date what ccwencmk declared

hy the Red Property Ad of 1860, bn be implied in mortgages are ilatwltod to be barred

or wodifled, arrd IjC ao in what malansrJ. And for the better securing to the aaid

E.F. the repayment in manner aforesaid of the said pin&@ sum and interest, I hereby mortgtlge to the said S F. all my estate and interest in the said land above described.

In witness whereof I have hereto signed my name this day of

A.B., mortgagor.

Signed by the above-named A.B., as mrtgagor, .this day of in

prerrencrt ai O.N.

.

G

m of sfb* wY49i tqY PS mm

beltqg registmed as prop~&tos of an estate [?we strrte d w e Of the er#&

arubiea~h bow~ver, k .pwb ewmhraaiees, liens, and &ere& as are notified

fyr

by memoranda endorsed hereon, in tll& piece of land aituated in /Qe cotsnt ,

hundred, or towfiship) of , conhhing (here sdah amit), be thre same a litt I e

more or less (ezcludve of roadi intersecting the same, if any hem abo s t a b r+fs of

way, p;~ioileges, or easemml, my appertatnktrg], w d if t I land to be dedt with

cwmbins ni?& that ds hdtcded k'+t an am'shag grant or eerti$cate of tide, r.4~ tAwetoJor

descr+iion of pamels and diagmn ; otherwise set forth the boeslodaries m chaim, Id&,

orfest, and refer to p h thereof on margin of or arnnex~d to the bill of encumhlzce,

or &posited in t h Kegistry Qflce), whlch said piece of land is (or iQ par t o j the

{country sech'm, W fow3s 0lkotP7tmt) marked delineated in the pub l Ee map

of the said (county, township or hundred), depasited in the office of the Surveyor

General, which was originally granted the day of, under the hand

and seal of , Governor (or nesident Commissioner) of the said Province to

And desiring to render the said land available for the purpose of securing to and for the benefit of C.D. the (mm of money annuit:/, or r e d charge) hereinafter men-

tioned, do hereby encumber the said land for the benefit of the said C.D. with the '

(sum, awnuity, or rent charye) of S	,	to be raised and paid at the times and
in the matlner following, that is to say-/hcz"e	state the time8 appointed for	l h pay-

ment the sum, awmity, or rent charge ifitended to be secured, the inkrest, iyf any, awl the mewt;v on which 8uch snwa annuity or rent charge shall 6ecorno and cease, to Be payable, &so any special covenants or poweps, a d any modification of the polverr or l;mtli&s given to arr encumbrances by the Real Property Act cf 1860): And subject as aforesaid the said CD, ahall be entitled to all powers and remedies given to an encumbrancee by the Heal Property Act of 1860.

In witness whereof I have hereunto signed m y name this day of

in the presence of E.F.

H

Transfer rf Mortgage, Leaae, or Encumbrance, to be endorsed on Original Mortgrcge,

Bill of E~zcurnbrance, or Lease.

I, the- within-mentioned CD., in consid~ration of f, , this day paid to me

by X.Y., of, the receipt of which sum I do hereby acknowledge, hermy transfer to him the estate or interest in respect to which I am registered proprietor,

as set forth and described in the within-written security, together with all my rights,

powele, estate, and interest therein. In witness whereof I hatfe hereunto subscribed

my name this day of

CD.

Signed by the above-mentioned C.I3., in the presence

of E.F., the day of 1

I

Nomination of Trustees.

I, A.R., being regi~tered as the proprietor of an estate /heye o h & w t w e of the

estate or ifaterest) subject, however, to such encumbrances, liens, and intereets am are

notified by memoranda et~dorsed hereon, in that piece of land situated io the	(County, Hundred, or Towns&) of, containing (here state m a j be ths wme
little more or less, exclusive of roads intersecting the same, if any (&?re ako state
rights of way, pritiieges, o r t.asements if any, intended to be conveyed in tvust, a d if the hwd to be dealt with contains all that is included in an ea$stmng grarzt or aert@ccrte;
~ e f e r there% for description of parceh and diagram otherwise set forth, the boursdaries
in chaine, links, or feet, and refer to plan delineated is margin, or annexed to inshtment,
or deposited in Begistry O$ice (which said piece of land is (or is part of the country
sectiota or towla alZotnbend) markecl -

, deposited ia the ofice of the Surveyor-

General, which was originally granted the day of , under the hand

and seal of , Governor, or Resident Commissioner of the said Provineg,

to CD., da hereby transfer all my estate or interest irl the said land above descdbed to CD., af , E.P., of, and G.H., of, as trwtees of the

aame. under the provi~ions of the Real Property Act of 1860.

In witness whereof I have hereurxto dgned my name, this day of +

.in the ptesefiw of A B.

Accepted-CB., E.F,, GI.H ., ig tkc: presence of

8chedub of Trusts.

It is ap;reied that- the above 4esc;rribd land arhtrll be held by the abve-n9ltlred (rug-

k e s upon the trusts foltowing, that iis to say- K

"

&vedtforMd&g regi&at&a of &aZing with e t a t e or i~teresb.

T o the Registrar-General of South Au%tralia.

T ~ k e notice, that I , ole~imin~ estate or inter~et (here atate tfis natwre of the

rstak W intwest ohimed, and the grounds an which such cbaim i s founded) in (here &cp.iae tan@ forbid the registration of any memorandum of sale, or other iastru-

men1 affecting the aaid land, until this caveat b e by me, or by the order of the Bnpreme Court, or some Judge thereof, withdrawn. Dated thia ('here insert date

of caveat) day of 18 A,B,

I, A.B., being r e p b r e d as proprietor of an estate (hem state nature o f the estaC

or interest, w h e t h zn fee sim@ or life estate. or o f a greater or less descrdptiun lhurr

a lFe eetartq) subject, however, to such elacnmbrances, liens, and interests as are notified by memorandum endmsed hereon, in (here Tefer t o sched?& fw- descr@tion

and content of the several p r c e b of bad iratepad& to be afected, which schedule mzsst

contain reference to the existing cer@cak of titte or h n d grant of' each parcel) do

hereby appoint C.D. attorney on my behalf, tl, (here state the nature and estent of' the

power8 intended to Be cmferred, ars whether to sell, lease, mortyage, &F.) the lands in

the said scliedule described, subject nevertheless to the restrictions a n d limitations declared and set forth at foot hereof, and to execute all such instruments, ltnd do all such acts, matters, and things, as may be necessary for carrying out the powers hereby given, and for the recovery of rent8 and sums of money that nay become or are now due or owing to me in raspeat o f the said lands, and for the enforcement of all contracts, covenan& or conditihs binding upon any lessee or occupier af rhe said lands, or upon any other prson in res ect of the same, and for the taking an&

maintaining po~sesaion of t h e said lan S, and far protecting the same from waste, ?i damage, or treapas~.

I declare the said 1tmri.s (or my estate or interest i n the said lands) shall not be

sold for less than E , (here imert coladitians, if any to Ic kposed).

I declare the amemt of money to be raised by mortgage on the security of the said

lands under this power shall not exceed ;E , or be less than , and

that the .rate of intereet at which the same	is raised shall not exceed &!	for
every SlOQ, by ths: year.

I declare the said land ahall not be leased for any term of years exceeding

or at u less rent than , (hum i f i g e r t ~onClitions, wch as whether right of

purchase way Be given, and at whatprice, $C., &C.)

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

ftam the d ~ t e hereof.

In witnesr whereof 1 have hereunto sobc~ibed my name this day of

Signed by the above-named A.B. this	day of	in the presence of X.Y.
Bcheddtlg referred h.

I, A.B., being registered as proprietor 'of an estate ( k e &at% natztrs of the estate

or intere8t, whether i n fee simple or .&ye eshzte, or af a p e a & ar less de~cription thm

cr l@ etitate) subject, however, ta such encumbrances, liens, and interest6 as are notified by memoranda endorsed herean, in (here refer to schedule-for dewrkptbm clnd

c m t m t of the several parcsb of land &tmded to be d d t wit?&, which schedule must

eontdch re w m c e to the axietkg grants or cwtiJcates of title of the saddparcels of land)

request G at g registration abstract of my title to the said lands map be grated, d (.

enabling m e to sell, lease, m atherwise deal with the aame, at places without the

limita of the said Prooince,

(Signed) A.B.

To the Registrar-General

8 i p d by the &me-nlmoed A.B., this day c$ ' , in the preseaee of X.Y.

I

, ~ e ~ i s t r a r - a e n e r a l of the Colony of South Australia, do hereby certify

1,

that the above particulars relating to the above-described land, and to the estate and interest therein of A.B., whose signature is above subscribed, are correct as appears

by entries recorded in the register book of the said Province, Vol. Fol.

Pursuant therefore to the above application, and by virtue of the powers in me vested by Act of thc Legislature of the said Province, intituled '' The Real Property Act, of 1860," this registration abstract is issued for the purpose of enabling the said

A.	B. to deal with the said lands at place^ without the limits of the said Province.
This abstract shall continue in force from the date thereof to the day of

, unless sooner delivered up.

In witness whereof I have hereunto signed my name and afflxed my seal this

day of

Registrar-General.

Signed, sealed, and delivered the	day of	,	in the presence of X.Y.
Schedule referred to,

Revocatio,a Order.

l, A.B., of , being seised of an estate (here state the naturc ofthe estate,

tuhether &?refee-simple or of a less descrkptio?t), all that piece of land {here describe kand,

wJerring to the enstiny grunt, cert?$rnte, or other instrument of	title), hereby revoke
the poiirer of mortgaging (or se2lkag) the said land, given by me to

by a power of attorney dated the day of

In witness whereof I have hereunto subscribed my name this

day of

A.B., of

I, M.M., Registrar-General, hereby certify that the above-named proprietor has executed this revocation order in manner above appearing, and that the particulars

thereof are entered in the rcaister-book. V (Signed) , Registrar-General.

0

Certificate o f Reyistrnv- Ge?zernl 2pott ackwwZedgement o f instruntent to be made by

married Wonzan.

I certify that this instrument was this day produced before me, the undersigned tralia, (ov A.R., a Commissioner duly authorised, in puvsuance of an Ordinancc of the	M.N. (Reyistmr-General, Jud'e, or Mmter (g' thfi Sqwrenze Court), of South Aus-
Governor, with, the advice and cotwent of the Le~islative Council and House qf Assembly
of rSbuth Air~traliu, in zhat heha& for taking acknowledgmenfs of married womett, or E.F., the Obtnmis.sioner named in the cowmission hereunto annexed, or G.H., Judge, Xzyor, or Chiq' MuYi.sirw!e of ), and was acknowledged by , the
wife of, therein named, heing personally present before me, and being of
full age, and competent underutanding, to be her act and instrument; previous to which acknowledgment, the said being examined by me separa,tely and apart from her husband, touching her knowledge of the contents of the said instrument, and her consent thereto, declared that she fully understood the nature and effect thereof, and that the same was freely and voluntarily executed by her.

As witness my liand this day of

(Signed)

CertiJicate of Registrar-GelzeraE, Justice of the Peace, &C., taking declaration of

attesliny witnesd.

Appeared before me at , the day of , C.D., of 9

attesting witness to this instrument, and acknowledged his signature to the same; and did further declare that AB,, the party executing the same, was personally known t o him, the said C.D., and that the signature of this said instrument is in the hand- writing of the said A.B.

(Signed) Registrar-General or J,F.

"1 Q

F 1

Q

Csrit>cats o f Registmv-Qenerat ctr Justice of the Peace befire whom imtmrnent may

f awe been executed by the parties thereto.

Appeared before me at , the day of , A.B., of

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

(Signed) Registrar-General or J.P.

Fees payablefor the performance of the several acts, matfers, and things herein spec$ed. n

For the bringing land under the provisions of this Act, to be paid to the Lands Titles Commissioners, over a n d above the cost of all advert ise- menb herein prescribed to be in such case puEiishet1:-

E S. d.

When the title consiste of a Land Grant only .. .. .. .. .. .. .. 0 1 0

When the title is of any other description, and the value exceeds £300.. .. .. 1 0 0

Ditto	ditto	ditto	exceeds 2200, and does not excced 8300	0 15	0
Ditto	ditto	ditto	exceeds $100, and does not exceed S200	0 10	0

Ditto ditto ditto . whea the valuc does not exceed $3100 0 5 0

Contribution to assurance fund upon first br ing ing land under this Act-

A i d upon transmission by will or intestacy-in the pound sterling .. .. .. 0 0 03

Other fees-

Fox eyery certificate of title issued on first bringing land under operation of this

Act .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 1 0 0

For every certificate of title issued zo proprietor for balance of land left upon a

transfer of portion of the land included under a former grant, or certificate of title 0 10 0

For ccrtificatcs of title issued u r d r r other circumstrinces .. .. .. .. .. .. 1 0 0

Registering r~~crnorandum of snlr, bill of mortgage, bill of encumbrnncc, lcase, or -

nomination of trustees .. .. .. .. .. .. .. .. .. .. .. .. 0 10 0

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

encumbrance, or thc transftr or surrender of u leasc .. .. .. .. .. . 0 5 0

Registering a declaration of ownership taken by transmission .. .. .. .. . 0 10 0

For every power of att0rnc.y.. .. .. .. .. .. .. .. .. .. .. .. 0 10 0

For every registration i~tr~tract. .. .. .. .. .. .. .. .. .. .. . 1 0 0

For caneclling power or registration abstract .. .. .. .. .. .. .. .. 0 5 0

For every revocution o d c r. .. .. .. .. .. .. .. .. .. .. .. . 0 10 0

Receipt and noting of caveat .. .. .. .. .. .. .. .. .. .. .. 0 10 0

For every search. .. .. .. .. .. .. .. .. .. .. .. .. .. 0 2 0

For every general search .. .. .. .. .. .. .. .. .. .. .. 0 5 0

For every map or plan deposited. .. .. .. .. .. .. .. .. .. .. . 0 5 0

For every deed or other instri~ment declaratory of trusts deposited.. .. .. .. 0 10 0

On deposit of any will or othcr inst~urneut, for safe custody only .. .. .. .. 1 0 0

For the exhibition or return of any instrument so diyositcd, or for cxhilitiug any

application or deed surrendorrd .. .. .. .. .. .. .. .. .. . 0 10 0

For certified copy, first five folios, per folio of seventy-two words .. .. .. . 0 6 0

For every fdio or part folio d t e r fimt five .. .. .. .. .. .. .. .. .. 0 0 8

For every katrument drawn on parchment .. .. .. .. .. .. .. .. 0 2 6

-- --

Scale of charges for Zund Urolrers under the Real Property Act of 1860. 5

S .

E S. d.

For application to bring land under the Real Property Act, where the land remsirls

in the original grantee, although it may have been, or st iU remilins, subject

to lease or m o r e e-*

Where the v3ue doe8 not cxceed L400	.. .. .. .. .. .. ..	0 10	9
Where the value does not exceed S800	.. .. .. .. .. .. . @I	ct.

Where the value exceeds $800 .. .. .. .. .. .. .. .. . 1 0 .O

For filling up and entering caveats, exclueive of any professional charges incident

to litigation p d i ~ g .. .. .. .. .. .. .. .. .. .. .. . 0 10 0

Memorandum of transfer, nominatku of trustees, lease, mortgage, or encum-

brance-*

Whcre the value does not cxcecd $400 .. .. .. .. .. .. .. 0 10 0

%%ere i t excoeds 3403 .. .. .. .. .. .. .. .. .. . +th+J'ct.

Where i t exceeds 6800 .. .. .. .. .. .. .. .. .. . 1 0 0

Tzansfcr of mortgage or lease, or surrender of lease .. .. .. .. .. .. 0 li 0

Power of Attorney without registration abstract .. .. .. .. .. .. .. 0 10 0

Power of Attorney with registration abstract .. .. .. .. .. .. .. .. 1 0 0

* These charges include filling up application, prccnring declaration and signatures, procuring

diagram from Land Offiee, and attendrmce and delivery at Bflegistty Office. Where the title has not

remained in the original grantee, an extra charge may be made proportioned tp the trouble, such

cases berng more in the nature of c~nveyancing.

annuity, to be assumed as the value, for the purpoae of calculating the per centage.	+ In the case of leaso, and of annuity secured by encumbrance, ten yearn' rent, OF ten yeam of such
-W-- - ---- +- -- p

Adelaide: Printed by authority, by W,