Real Property Act 1861 (SA)

ANNO VICESIMO QUARTO Erl' VICESIMO QUINTO

No. 22.

An Act to amend the Real Property Act of 1860.

[Assented to, 3rd December, l861 .l

HEREAS a certain Act was passed in the twenty-third and

W twenty-fourh years of the reign of Her present Majesty, and numbered 11, intituled " An Act to consolidate and amend

certain Acts rclating to the transfer and encumbrance of freehold and other interests in land," and it is expcdicnt to amend certain clauses of the said Act, and to add thereto other provisions, yet so as that such amendments and additional provisions may, for general convenience, be consolidated with the remaining provisions of the said Act; for which purpose-Be i t Enacted, by the Governor-in- Chief of the Province of South Australia, by and with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows-

1. From and after the day upon which this Act shall come into ~ ~ p a a l R ~ ~ I I P*-

operation the said recited Act shall be, and the same is hereby p ~ A c t o f lao+

repealed: Provided always, that nothing herein contained shall operate to revive any laws, statutes, rules, or regulations by the said not r e ~ v e acb;

recited Act repealed, whether absolutely or so far as regards their p r s r i o o s l y r e p e ~

application to the provisions of the said Act, but the same shall con- tinue repealed or suspended in their operation so far as regards their application to land under the provisions of this Act: Provided also, that nothing herein contained shall operate to prevent prosecution cution for ,,Bence Not to revent prose-

or punishment for any offence committed or act done in violation of mmmittd under m-

the provisions of the said recited Act, or of the provisions of pealed Act.

A an.

24%

an Act, No. 15 of 1867, intituled The Real Property Act," or

of an Act, No. 16 of 1858, to amend the Real Property Act, or to interfere yvith the recovery of any penalty or forfeiture incurred under any of the said Acts; and in any prosecution for the punishment of any such offence, or for the recovery of any such

avdlable in	O' prosecu-	thi* Act forfeiture or penalty, or in any action or suit at law or in equity for the enforcement, vindication, or recovery of any right, title, covenant, or interest acquired or accruing under the pro6sions of thr said
tion~, &C.

Pro~BiOm

R Acts, or any or either of them, the provisions of this Act shall bc

Lands held under held to be applicable for the plrrposes of such prosecution, action, or

former A C ~ S deemed suit: Provided that nothing herein contained shall affect any action,

to be under this Act. prosecution, or other proceedings commenced prior to the passing of this Act; and all lands prior to this Act held under and subject to the provisions of the said recited Acts, or any of them, shall, from the date hereof, fox all purposes be held to be under ard subject to the provisions of this Act; and no certificatc of title shall be irnyeacfied upon the pound, that the same varies in any

tabeimpeached, to be used by the said Act, or by the last rccitcd Acts, or either certificate of title not manner (not being in matter of substance) from the form authorized

of them, or upon the plea that such certificate of title does not show upor: the face of i t that all instruments of title prior to such certificate of title had been dclivcrcd up to the Registrar- General and cancelled, or does not describe any instrument of title prior in date to such certificate of title, or on the plea that any such instrument is outstanding a d has not been delivered up and cancelled; or on the plea that the Lands Titles Com-

Pmceodingscom- missioners were not authorized by the 18th section of the said

menced under p r e	~ o u B howtone Act No 11 of 1860, to direct the Registrar-General to bring
continued, the land included in such certificate under the provisions of the

said Act; and all proceedings commenced prior to the date upon which this Act shall come into operation, whether for the bringing of land under the provisions at' the said Act, or for transferring or otherwise dealing with or aEecting land, or any estate or interest

in land under the provisions thereof, shall be valid and effectual

provisions of this Act, and all further steps, if any, ixcessary for

as if such proceedings had been taken or commenced under the

the completion of any proceeding so commenced shall be taken

in accordance with the provisions of this Act.

J

~hort title. ( 2. This Act may bc cited, for all plrposes, as the Real Property \, Act of 1e61."

Interpretation of 3. In the construction and for the purposes of this Act, and in all instsumcnts 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-

certaia tern.

The word " Land " shall extend to and include messuages, tene-

ments, and hereditaments, corporeal and incorporeal, of every

t kind and description, whatever may be the estate or interest

therein

therein, together with all paths, paseages, ways, waters, water courses, liberties, casements, and privileges thereunto apper-

taining, plantations, gardens, mines, minerals, and quarries,

and all treee, and timber thereon or thereunder, lying or

being, unless the same are specially excepted:

L' Grant7' shall mean the land grant of any land of the-Crown:

bcProprietor" shall mean any person seized or possessed of any frcehold or other estate or interest in land, at law or in equity,

in posseasion, in futurity, or expectancy:

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

under this Act, whether for valuable consideration or otherwise:

Transmission " shall mean the acquirement of title to or interest in land consequent on the death, mill, intestacy, bankruptcy, insolvency, or marriage of a proprietor:

Mortgage " shrill mean any chargc on land created merely for

securing a debt:

Mortgagor " shall mean the proprietor of land or of any estate

or interest in land pledged as security for a debt:

Mortgagee " shall mean the proprietor of a n~or tgage:

" Encumbrance" shall mean any charge on land, crcated'for the

purpose of securing the payment of an annuity or sum of

money other than a debt:

I' Encumbrancer " shall mean the proprietor of any land' or of any

estatc'or interest in land charged with any annuity or sum

of money other than a debt:

'"~ncumbrancee " shall mean thc proprietor of an encumbrance:

G Lunatic " 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 upon a Commission of Inquiry issuing out	of the Supreme Court in the nature of a writ de lunatic0 in-
quirendo :

Person of unsound mind " shall mean any per~on not an infant,

who, not having been found to be a lunatic shall be incap-

able, from infirmity of mind, to manage his own affairs:

Consular officer7' shall include Consul-General, Consul, and Vice- Consul, and any person for the time being discharging the duties of Consul-General, Consul, or Vice-Consul:

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

a Person " shall include a female as well as a male, and shall

include a body corpoxate: The

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

And, generally, unless the contrary shall appear from the context, every word importing 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, shall 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 like sifect signed by the Registrar-General, or stamped. with his seal, or which for the same purpose maty be authorized, m conformity with the provisions of this Act; and any variation from such forms, not being in matter of substance, &all not affect their validity or regularity; but they may be used, with such alterations as the character of the parties or the circumstances of the case may render ne- cessary.

Pew* hO1diw'OB~e

under previous Acts,	4. The department of the Registrar-General shall be the depart- and of any Acts to ameid or extend the of this Act, id force for the time being; and the persons holding office as Rcgistrar- General, Lands Titles Commissioner, Solicitor, Deputy Registrar- General, and also all other officers and clerks of the said department
to perform duties	ment authorized to carrv into execution the ~rovisions of this Act,
uabr this A C ~.
at the time of this Act coming into operation, shall perform all the
duties of their respective offices under this Act.

Removal and appoint- 5. The Registrar-General, DeputJr Registrars-General, Land& Titles

ment of offlcera.	Commissioners, and Solicitors may be removed by the Governor of the said Province, by and with the advice of the Executive Council,
for negligence, waut of skill, untrustworthiness, or inability to per-
form their duties; and it shall bc lawful for the G~vernor, by and with such advice as aforesaid, to remove any other officcr or clerk of the said department at pleasure, and tu fill up any wcancy occurring
in any of the offices aforesaid.
Functionsof Deputy;	6. Whenever, by any law for the time being in force in the said Province anything is appointed or authorized to be done by the Registrar-General, thc same may be lawfully done by any Deputy Registrar-General: Provided that nothing herein contained shall
Registrar-General.
be interpreted to authorize any Deputy Kegistrar-General, as such,
to ~ ign grants, or to act as a Lands Titles Commissioner.

Appointment of, end	7.	The Governor of the said Province may, by and with the advice
duties of, Acting

Begiatrar.

of the Executive Council thereof, from time to time as occasion may require, appoint an Acting Registrar-General, and in the event of the

absence through illness, or otherwise of the Registrar-General such

Aetmg

Acting Registrar shall, in his stead, be authorized to sign grants

and perform the duties of a Lands Titles Commissioner, and all acts done by such Acting Registrar-General, as Lands Titles Commissioner, and all grants signed by him shall have the same validity and effect as if the same had been done or signed by the Registrar-General: Provided that, unless or until an Acting Registrar-General be appointed, the senior Deputy Registrar-General shall ex o@cio be Acting Registrar-General: Provided also, that the Registrar-General shall not have power to act during such time as the Acting ltegistrar- General shall be lawfully acting.

8. The Acting Registrar-General shall act from such time as he shall ~ ~ ~ ~ g ~ $ ~ h B h d

receive from the Kegistrar-General a certificate under his hand that act or ceaea to act.

he is about to absent himself, or that he is unable from illness to perform his duties; and such Acting Registrar-General shall cease to act from such time as hc shall receive from the Registrar-General a certificate under his hand to the effect that he resumes his duties: Provided that in the event of illness, incapacitating the Registrar- General from certifying his own inability to perform his duties, his medical attendant may so certify in his stead.

9. The number of Lands Titles Commissioners shall be three, of ~ ~ ~ ~ L ~ ~ ~ \ ~ ~ ~ ~

whom the Registrar-General or Acting Registrar-General shall be Titles Commieeiorete.

one. The ~e i i s t r a r -~enera l shall be ;ernuncrated by a salary, the

other Lands Titles Cornmissioners by fees on applications referred

to them for bringing land under the provisions of this Act, as speci-

fied in the Schedule hereto marked P. At meetings of such Com-

missioners two shall form a quorum, and the Registrar-General

or Acting Begistrar-General, if present, shall preside.

10. It shall not bc lawful for any person whilst holding the office "mmis8i0n~ or Solicitor no6 to

of Lands Titles Commissioner, or of Solicitor, under this Act, to practice.

engage in private practice as a Barrister, Attorney or Solicitor.

11. The oath following, shall be taken before one of the Judges of oaths of ofice.

the Supreme Court, by every Registrar-General, and by every Deputy Registrar-General, and Acting Kegistrar-General who may hereafter

be appointed, before entering upon the execution of his office-

I, A. B., do solemnly swear, that I will faithfully, and to the best of my ability, execute and perform the office and duties bf Registrar-General, or Deputy Registrar-General, or Acting Registrar-Gene1 a1 for the Province of South Australia. So

HELP ME GOD.

12. The Registrar-General may exercise the following powers, P0wemof

that is to say-

(1.) He may require the proprietor or other person making appli- ~oim~~ctdocuments.

cation to have any land brought under the provisions of this Act, or the proprietor, or mortgagee, or other person interested in any land under the provisions of this Act, in respect of which

any transfer, lease, mortgage, encumbrance, or other dealing, or any release from any mortgage or ellcumbrance is about to be transacted, or in respect of which any transmission is about to

be registered, or registration abstract granted under this Act,

to produce any grant, certificate of title, conveyance, deed, mortgage, lease, will, or other instrument in his possession or within his control affecting such land or the title thcrcto:

TO bummon and examine witnesses.

(2.) He may summon any such proprietor, mortgagee, or other person as aforesaid to appear, and give any explanation re- specting such land, or the instruments affecting the title thereto, and if9upon requisition, in writing, made Eiy the Registrar- General, such proprietor, mortgagee, or other person rehses or neglects to produce any such instrument, or to allow the same to be inspected, or ~efuses or neglects to give any explanation which he is hereinbefore required to give, he shall forfeit and pay a sum not exceeding Twenty Pounds, and the Registrar- General, if the instrument or information so withheld appears to him material, &all not be bound to proceed with the bringing of such land under the provisions of this Act, or with the regis- tration of ~ u c h transfer or other dealing, or with the issuing of such registration abstract as the case may be:

TodminLteroahb

(8.) He may administer oaths, or may take a statutory declaration

in lieu of administering an oath:

TO	comect e m m	(4.)	B e may, upon such evidence as shall appear to him and the L a ~ d s Titles Commissioners sufficient in that behalf, correct errors in certificates of title, or in the register book, or in entries made therein respectively, and may supply entries omitted to be made under the provisions of this Act: Provided always, that in the correction of any such error he shall not erase or render illegible the original words, and shall affix the date on which such correction was made or entry supplied, with his initials; and every certificate of title so corrected, and
and effect as if such error hacl not been made or wch entry every entry so corrected or supplied shall have the like validity
omitted, except as regards any entry made in the register book prior to the actual time of correcting the error or supplying the omitted entry:

To enter carests. (5.) He may enter caveat for the protection of any person who shall

be under the disability of infancy, covrrture, lunacy, unsonndness of mind, or absence from the said Province, or on behalf of Her Majesty, Her heirs or successors, to prohibit the transfer or dealing with any litnd belonging or supposed to belong to any

such person8 as hereinbefore mentioned, and also to prohibit the

dealing with any land in any case in which i t shall appear to him that an error has been made, by misdescription of such

land or otherwise, in any certificate of title or other instrument,

or for the prevention of any fraud or improper dealing.

Jienaha fn 13" All waste lands, and d lands set apart for public purposes,

the Crown rrffeo:

remaining

remaining rrnalienated from the Crown on the day appointed for this this Act to be mbjeot

Act to come in'to operation shall, when alienated in fee, be subject themof.	to the provisiou
to the provisions of this Act.

14. Land in the saidProvince alienated from the Crown

in fee,prior Lands granted prior

to the day on which

to the day appointed for this Act to come into operation (whether such Act comes into

land shall constitute the entire or only part of the land included in any operation may be

grant) may be brought under the provisions of this Act in the qemtionofmac*.	brought under the
following manner, that is to say-The Registrar-General shall receive applications in form A of the Schedule hereto, or in words to the like effect, for bringing land under the provisions of this Act, if made by any of the following persons, that is to say-

By any person (claiming to be the personj in whom the fee simple is vested in possession, either at law or in equity: Yrovided, that wherever trustees, seized in fee simple, have no express power to sell the land which they may seek to bring under the operation of this Act, the person claiming to be bene- ficially entitled to the said laud, shall consent in such application:

By any person claiming a life estate in possession, not being a

lease for R life or lives: Provided that all persons claiming to be beneficially entitled in reversion, or remainder shall join in such application.

Provided always, that no such application shall be received from Undivided shares aad

any person claiming to be entitled to an undivided share notbebrougbu Under mortgaged lands may

of any land unless the persons who shall appear to be ~ c t except lgon

entitled to the other undivided shares of the said land shall conditions

jcin in such application with a view to bringing the entirety

undcr the provisions of this Act, nor from the mortgagor of

any land, unless the mortgagee shall consent in such appli-

cation; nor fiom the mortgagee of any land, cxcept in the

nor f iu rn a married woman, unless her husband shall consent	exercise of a power of sale contained in the mortgage deed i	il: such application: Provided also that the fither, or if the father be dead, the mother or other guardian of any infant, or the committee or guardian of any lunatic, or person of un-
sound mind, may make such application in the name of
such infant, lunatic, or person of unsound mind; and any agent holding power of attorney, authorizing the sale of a freehold estate in any land of an absent proprietor, may make such application in respect to such land in the name of such proprietor, unless such power shall expressly prohibit his so doing.

15. Every such applicant shall, when making his application, Applicmttoaumndef

smrender to the Registrar-General all instruments in his possession ~ ~ ~ ~ ~ i $

Z

k	or under his control, constituti~g	or in any way affecting his title, abstract, if repu~ed.
I /

and ehaU furnish a r~chedule of such btrumenb, and aleo, if

required,

required, an abstract of his title, and shall, in his application, state the nature of his estate or interest, and of every estate or interest held therein by any other person, whether at law or in equity, in possession, or in futurity, or expectancy, and whether the land be occupied or unoccupied, and if occupied, the name and description of the occupant, and the nature, of his occupancy, and whether such occupancy be adverse or otherwise; and shall state -

the names and addresses of the occupants and proprietors of all lands

contiguous to the land in respect to which application is made so far as known to him, and that the schedule so furnished includes all instruments of title to suth land in his possession or under his control, and shall make and subscribe a declaration to the truth of such statement; and such applicant may, if he think fit, in his application require the Registrar-General, at the expense of such applicant, to cause perscnal notice of his application to be served upon any person whose nanw and address shall for that purpose be therein stated.

Application, how to

be dedt with by the	16. Upon the receipt of such application the Registrar-General upon by the sdicitors, and shall thereafter refer such application, with the solicitors' report thcreon, to the Lands Titles Com- missioners for their consideration, and if i t shall appear to such Commissio~ers that the applicant proprietor is the original
Lands Titles Com-	shall cause the title of the applicant to be examined and reported
missioners.
When applicant ie	grantee from the Crown of the land in respect to which appli-
original grantee and	cation is made, and that such land has been granted on or sub-
no tramactions Lve
been registered.	sequent to the first day of March, one thousand eight hundred and forty-two, and that no sale, mortgage, or other encumblance or transaction affccting the title of such land has at any time beer registered in the said Province, and that such applicant, has no2 required notice of his application to be served personally upon any pemon, then in such case it shall be lawful for such Com- missioneh to direct the Registrar-General to bring such land under
the provisions of this Act fbrthwith by issuing to the applicant pro-
may, by writing under his hand direct, a certificate of title for the prietor, or to such person as he, or the person applying on his behalf,
same, as hereinafter described.

When applicant is not	17. If i t shall appear to the satisfaction of	the said Commissioners
original grantee, or

anv transactions have	that the land in respect to which application is made, whether the
bein registered.	same may have been alienated from the Crown prior to, or on, or subsequent to the first day of March, one thousand eight hundred

1 2 A d l 16 4 E-- _

and forty-two, is held by the applicant for the estate or interest described in such application free from mortgage, encumbrance, or other beneficial interest affecting the title thereto; or if any such mortgage, encumbrance, or interest remain unsatisfied, that the parties interested therein are also parties ty such application, and that the applicant has not required notice of his application to be served personally on any person, then and in any such case the said Commissioners shall direct the Registrar-General to cause notice of such application to be advertised once in the Sozrth Australiun

Government

Government Gazette, and three times in at least one paper published in the City of Adelaide; and shall further limit and appoint a time, not less than one month nor more than twelve months from the date of the advertisement in the South Australian Government Gazette,upon or after the expiration of which, the Registrar-General shall, unless he shall in thc interval have reccived a caveat forbidding him so to do, proceed to bring such land under the provisions of this Act.

18. Rut if it shall appear to the satisfaction of the said Commis- When evidence of

sioners that any party interested in any unsatisfied mortgage or title is imperfect.

encumbrance affecting the title to such land, or beneficially interested	e	'
therein, otherwise than as lessees, are not parties to such application,
or that the evidence of title set forth by the applicant is imperfect, or

that the applicant has required notice of his application to be served

+

personally upon any person, then and in such case it shall be lawful for such Commissioners to reject such application altogether, or at their direction to direct the Registrar-General to cause notice of such application to be served in accordance with such require- ment, upon all persons other than the applicant, who shall appear to them to have any interest in the land which is the subject of such application, and to be advertised three times in at least one newspaper published in the City of Adelaide, and in such news- papers published elsewhe~e as to such Commissioners may seem fit, and to be published in the 8outh Aust~alian Government Gazette, and in the London Gazette, and in the official gazettes of each of the Colonies of New South Wales, Victoria, Queensland, Tasmania, and New Zealand, or in any one or more of such gazettes; and the said Commissioners shall specify the number of times, and at what intervals such advertisements shall be published in each or any of such gazettes; and shall also limit and appoint a time, not less than two months nor more than twelve months from the date of the first of such advertisements in the 8ozcth Australialz Government Gazette, upon or after the expiration of which it shall be lawful for the Registrar-General to bring such land under the provisions of this

him so to do. Act, unless he shall in the interval have received a caveat forbidding 19. The Registrar-General shall, under such directions as aforesaid, ~,t;, , of ~pplicatioa

or under any order of the Supreme Court, cause notice to be published to be published-

in such manncr as by such direction or order may be prescribed, that application had becn made for bringing the land therein referred to under the provisions of this Act, and shall also cause copy of such notice to be posted in a conspicuous place i n his office, and in such other places as he may deem necessary, and shall forward by registered letter marked outside Lands Titles Office," through the Post Office, copy of such notice addressed to the persons, if any, whom the said Cmnmissioners shall have directed to be served with such notice, and to the persons, if any, stated in the declaration by the applicant proprietor, to be in occupation of such land, or to be occupiers or proprietors of land contiguous thereto, so far as his knowledge of the addresses of such person may enable him; and

in

I

I

in case such applicant shall have required any such notice to be persondly served upoa any person named in his application, then and in such case the Registrar-General s l d cause copy of such notice to be so served upon such person.

Land brought under

the Act.	20. If within the time limited in such direction, or under any order of the Supreme Court, any notice forwarded by registered letter as aforesaid, shall not be returned to him by the Postmaster- General, and if within2 the time so limited he shall not have received a caveat, as hereinafter described, forbidding him so to do-and in any case in which personal notice may be required as aforesaid, if
he shall have received proof to his satisfaction that such notice has
been served, the Registrar-General shall, pursuant to such direction of the Lands Titles Commissioners, bring the land described in such application under the provisions of this Act, by issuing to the applicant proprietor, or to such person as he or the person applping in his behalf may by any writing urlder his hand direct, a certificate of title for the same, as hereinafter described.
On a return nf notices

or failures of personal 21. The Registrar-General, whenever any letter containing any

service. Registrar-	notice shall be returned to h im by the Postmaster-General, shail
&neral to apply to
Lands Titlee Commis-	refer the case to the Lands Titles Commissioners for their further
Bioner S,	direction; and whenever he sba.11 be made aware that any notice required Fy any applicant to be served personally has failed to be, or cannot be so served, he shall notify t t ~ same to such applicant, who, if he think fit, may, by writing under his hand, withdraw such requir~ment, arid the Begistrar-General shall thereupon report the case to the Lands Titles Corulmissioners, who, in either such case, may; reject the application altogettter, or direct the Registrar-General to bring the land therein described u ~ d ~ r the provisions of this Act forthwith, or after such further interval, notification, or advertisement ss they may deem fit.
Parties interested may	22, Any person having or claiming an interest in any land so adveltised as aforesaid, or the attorney of ally s~ich

enter caveat. perscm, may,

within the tirrie, by any dircction of the Lands Titles Ccrmrni~sione~s

for that purpose limited, lodge a caveat with thc Kegistrar-General,

in form B of the Sciledule hereto, fo rb i~ ld i~g the bringing of such

land under the provisions i f this Act, and every such caveat shall

particularize the estate, interest, lien, or charge clairnecl by the person

lodging the same.

If caveat be received	23. ?'he	Registrar43 eneral upon receipt of m y such caveat, within
within time lim ted,

the time liniitt~d a.: aforesaid, shall notify the same to such applicant

proceedings stayed.

proprietor, and shall suspend further action in the matter, and the lands in respect of which such cavcat may have been lodged, shall not be brought under the prwisioas of this Act until such caveat shall

have been withdrawn, or shall have lapsed horn any of the causes

hereinafter provided, or until a decisiun shall have been obtai~led

from the Court having jurisdictiou in the matter.

24, After

Caveate lapm unIw

24. After the expiration of three calendar montha from the receipt proceedinge talwn

thereof, every such caveat shall he deemed to have lapsed, unless the	within three 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, and thereof shall have given written notice to the
Registrar-General, or shall have obtained from the Supreme Court an order or injunction restraining the Registrar-General from bringing the land therein referred to, under the provisions af this Act.
25. Any applicant proprietor may withdraw his application at any time prior to the issuing of the certificate of title, and the Registrar-	Applicant proprietor
may withdraw bis
application.
General shall in such ciise, upon request in writing, signed by such applicant proprietor, return to him, or to the person, if any, notified in such application as having a lien upon such instruments the abstract and all instruments of title deposited by such p~oprietor for the purpose of supporting his application.
Instrument8 of title,
26. Upon issuing a certificate of title, bringing land under the provisions of this Act, the Registrar-General shall stamp as cancelled	if th1.y include other
p1 operty. to be
returnad to appliosn

every instrument of tide ~urrendered by the proprietor when making proprietor.

his application: Provided that if any such instrument shall rclate to

or include any property, whether personid or real, other than the

land included in such certificate of title, then the Regishar-General 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 shall retain the same in his office; and no verson shall be entitled .K to the production of such instrument, so stamped, except upon the written order of the applicant proprietor or of some person claiming through or under hirn, or upon the order of the Supreme Court, or a Judge thereof.

27. In case an applicant proprietor, or the person to whom an Certificate of title to

applicant proprietor may have directed certificate of title to be deceased issue in name of

issued, shall die in thc interval between the date of his application pr0priet.r.

and the date appointed for the certificate of title to issue in accor-

dance with the provisions hereinbefore contained, the certificate of

title shall be issued in the name of such applicant proprietor, or in

the name of the person to whom he mav have directed it to be

issued as the case may require, and such 1&d shall devolve in like

manner as if the certificate of title had been issued prior to the

death of such applicaut proprietor or person so named by him.

28. Upon the first bringing of land under the provisions of this ~; ~; ; ~ ~ ~ f,

Act, whether by the alienation thereof in fee from the Crown assurance of title.

or consequent upon the application of the proprietor as hereinbe- fore provided; and also upon the registration of the title to an estate of freehold in possession in land under the provisions of this Act derived through the will or intestacy of a previous proprietor, or

under any settlement, there #hall be paid to the Registrar-General

the

the sum specified in the Schedule hereto marked P; and in the case of land broGght under the provisions of this ~ c t by alienation in 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 sum; and in all other cases as aforesaid such value shall be ascer- tained by the oath or solemn affirmation of the applicant proprietor or person deriving such land by transmission: Provided always, that,

if the Registrar-General shall not be satisfied as to the correctness of

the value so declared or sworn to, it shall be lawful for him to require such applicant proprietor, or person deriving such land by transmission, to produce a certificate of such value under the hand of a sworn valuator, which certificate shall be received as conclusive evidence of such value for the purposes aforesaid.

Aaamnce fmd " be

inveeted in Govern-	29. All sums of money so received as aforesaid shall be paid to the Treasurer of the said Province; who shall, from time to time, invest such sums, together with all interest and profits, which may have accrued thereon, in the South Australian Government securities, to constitute an assurance fuud for the purposes hereinafter provided.
ment securitie~.

expectant

on leaae not to bo

30. The reversion expectant upon any lease shall not be deemed to have been extinguished in consequen& of the land whereof such lease has b e n granted having been brought under the provisions of this Act, or under the provisions bf the hereinbefore recited Acts, or any of them, and the person named in any certificate of title as seiscd c& the land therein described shall be held in every court of Law and Equity to be seised of the reversion expectant upon any such lease that may be noted by memorial thereon, and to have all powers, lights, and rcmedies to which a reversioner is by law entitled, and shall be subject to all covenants and conditions therein expressed, to be performed on the part of the lessor.

extinguished.

Reg8tmr-Gencra1

keep register book.	31. The Registrar-General shall keep a book to be called the grants, and of a11 certificates of title, and cach grant and certificate Register Book," and shall bind up therein the duplicates of all	of title shall constitute a separate folium of such book, and the
Registrar-General shall record thereon the particulars of all instruments, dealings, and other matters by this Act required to be registered, or entered on the register book, affecting the land included under each such grant, or certificate of title, distinct and apart.

S	Certificata of title to
be in duplicate and 32. The registered proprietor of an estate of freehold in possession in land under the provisions of this Act, not being a lease for a life or lives, shall be entitled to receive a certificate of title for the same, which certificate of title shall be in duplicate in the form C of the Schedule hereto, and shall set forth the vature of the estate of freehold in respect to which it is issued, and the Registrar-General shall note thereon in such manner as to preserve their priority the particulars of all unsatisfied mortgages or other encumbrances, and of any dower, lease, or rent charge to which the land may be subject
to be bound up in
register.

md

and if such certificate of title be issued to a minor or to a person	If iasued to person
under &ability, euah

otherwise under disabilities, he shall state the age of such minor or disability to be

the nature of the disability so far as known to him, and shall cause	etated.
one original of each certificate of title to be bound up in the register book, and dcliver the other to the proprietor entitled to the land described therein.
33. Every certificate of title duly authenticated under the hand and seal of	clusive evidence of
Certificate to be con-

the Registrar-General shall be received in all Courts of

the title, and that the

land has been duly

Law and Equity as evidence of the particulars therein set forth and	brought under the
of their being entered in the register book, and shall, except in	Act.
any of the cases hereinafter otherwise provided, be conclusive evidence that the person named in such certificate of title, or in any entry thereon, as seised of or as taking estate or interest in the land therein described, is seised or possessed of such land for the estate or interest therein specified, and that the property described in such certificate of title has been duly brought under the provisions of this Act; and no certificate of title shall be impeached or defcasible on the ground of want of notice or of insufficient notice of the appli- cation to bring the land therein described under the provisions of this Act, or on account of any error, omission., or informality in such application, or in the proceedings pursuant thereto by the Lands Titles Commissioners or by the Registrar-General.
34. Every land grant and certificate of title shall be deemed and taken to be registered under the provisions and for the purposes of	Grants and certificater;
of title registered
when embodied ir.
this Act, so soon as the same shall have been marked by the Registrar-	register book.
General with the foliurn and volume as embodied in the register book;
and every memorandum of transfer, or other instrument purporting	Inetrumena regie-
tored when memorial
to transfer, or in any way to affect land under the provisions of this	thercof has been
Act, shall be deemed to be so registered, so soon as a memorial thereof	entered in regiater
as hereinafter described shall have been entered in the register	book
book upon the foliurn constituted by the existing grant or certificate

of title of such land; and the person named in any grant, certificate Definition of regis-

of title, or other instrument so registered as seised of, or taking any

tered proprietor

estate or interest, shall be deemed to be the registered proprietor

thereof.

35. Except as hereinafter otherwise provided, every grant or other instrument presented for registration shall be in duplicate, and shall

Instruments to be in

duplicate.

be attested by a witness; and shall be registered in the order of time

in which the same is produced for that purpose; and instruments

to priority according Instruments entitled

registered in respect to or affecting the same estate or interest, shall,

to date of registration,

notwithstanding any express, implied, or constructive notice, be entitled in priority, thepne over the other, according to the date of registration, and not according to the date of each instrument itself; and the Registrar-General, upon registration thereof, shall file one original in his office, and shall deliver the other to the person entitled thereto; and so soon as registered, every instrument drawn in any of

1 and, when registered,

the several forms provided in the Schedule hereto, or in any form

to be deemed to be

embodied in regieter

which for the same purpose may be authoriged, in conformity with the

book, and to have the

effect of a deed.

U provisions

#4 3

provieions of this Act, shall, for the purposes of this Act, be deemed and taken ta be embodied in the register book, ns part and parcel

thereof, and auch instrument, when so constructively embodied, and l~tamped with the seal of the Registrar-General, shall have the effect

of a deed duly executed by the parties signing the same.

( ~ ~ I I ~ X Y J covenant. to 36. In every instrument charging, creating, or transferring any

meats.	estate or interest in land under the provisions of this Act, there shall
be implied the following covenant by the party charging, creating, or
transferring such estate or interest, that is to say-That he will do auch acts and execute such instruments a p in accordance with the provisions of this Act may be necessary to give effect to all covenants, conditions, and purposes expressly set forth in such instrument, or
by this Act declared to 5e implied against such pmty in instruments
of a like nature.
Memorial defined.	37. Every memorial entered in the register book shall state the nature of the ineiiuneut to which it I elates, the day and hour of the production ci such instrument for registration, and the names of the parties thereto, and shall refer by number or evmbal to such instrument, md shall be signed by the ~ e ~ i s t r a r - ~ e o & a L

Memorial to be re-	38. Whenever a memorial of any instrum~nt	has been entered in
corded on duplicate

or ilutro- the register book, the Registral-ihmxal shall, except in the case of

nent.	transfer or other dealing endorsed upon a rncmorandum of lease, or
of mortgage. or of incumbrance, as hereinaftfbr provided, record
the like rneniorial on the duplicate grant, certificate of title, lease, or other instrument etidencing title to the estate or interest intended to be dealt with, or in any way affected, unless the

certifioate of regib Regis trar-Genrml shall, as lrereimftrr provided, dispense with the

bation tObeedenceO production of the same; and the Registrar-General shall endorse on every instrument so registered a certificate of the date and hour on which the said memorial was entered in thz register hook, and shall authenticate each such certificate by signing his name and affixing his seal thereto; and such certificate shall be received in all Courts of Law and Equity as conclusive evidence that such instrument has been duly registered.

Inetrumedts not 39.

No instrument shall be effectual to pass any estate or interest in as security for the payment of money, but upon the registration of any instrument in manner hereinbefore prescribed, the estate or interest specifjed in such instrument shall pass, or as the case may be, the land shall become liable as security in manner, and subject to the covenants, conditions and contingencies set forth and specified in such instrument, or by this Act declared to be implied in instruments of a like nature;

effectual until entry any land under the provisions of this Act, or to render snch land liable

in bmk.

and should two or more instrumsnts. executed by the same proprietor,

and purporting to transfer or encumber the same estate or interest in any land, be at the Rame time presented to the Registrar-General for registration and endorsement, he shall register and endor~e that instrument under which the person claims property, who shall present

to

to him the grant or certificate of title of such land for that

purpose.

40. \ Notwithstanding the existence in any other person of any E~tats of registered

estste';;r interesg whether derived by grant from the Crown or proprietor paramount.

otherwise, ehich, but for this Act might be held to be paramount, or to have priority, the registered proprietor of land, or of any cstate or interest in land under the provisions of this Act shall, except in case of fraud, hold the same s6bject to such encumbrances, liens, estates, or interests, as may be notified on the folium of the register book, constituted by the grant, or certificate of title of such land but absolutely free from all other encumbrances, liens, estates, or interests whatsoever exc* the eatate or interest

of title, or under a prior grant registered under the provisions of	of a proprietor claiming the same 3 a;& under a prior certificate
this Act, and except so fhr a s regards the omission or &isdescription of any right of way or nther easement, crcated in or existing upon any land, 2nd except so far as regards any portion of laid that may be erroneously included in the grant, certificate of titie, lease, or &her instrumrit evidencing the tiae of such registered proprietor by wrong description of parcels or of boutldaries.

41. The Registrar-General shall not register any instrument Instruments not CO be registered unlesa in

purporting to transfer or othrrwi~e to deal with or affect any estate .,,d,,, with

or interest in land under the provisions of this Act except in the p r e s o r i b e d f o ~ ~ ~

manner herein provided, nor unless such instrument be in accordance

with the provisions hereof.

42. When land undcr the provisons of this Act is intended to be Transfer.

transferred, or any right of way or other easernent is intended to be created or transferred, the register~proprietor shall execute a nmnorandurn of transfer in form I> of the Schedule hercto, which memorariduin shall, for thc description of' the land intended to be

dralt with, referred to the grant 6r certificate of title of such land,

or shall give such descriptlou as may be sufficient to identify the

same, and shall contain an accurate statenien t of the estate, interest, or easement intended to be transferred or created; and a memo- randum of all leases, mortgages, and other encumbrances to which the same may be subject.

43. Whenever a s easement, or any incorporeal right, other then Easements corporeal rights and in- to be

an annuity or rent charge in or ovcr any land under the provisions of this Act, is created for the purpose of being annexed to or used and

enjoyed together with other land under the pwvisions of this Act, the Registrar-General shall enter a memorial of tjhe 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.

44. If the memorandum of transfer purports to transfer an estate of ~f estate of freehold

fiefreehold in possession, not being a lease for a life or lives, in the whole gate t i s ~

or

d&ve* UP a*

colled, so far a8 re- or in part of the land mentioned in any grant or certzcate of title,

p~ &e aortion of the tiansferor shall deliver UD the errant or certificate of title of the

I.nd tdemd.	said land; and the ~ e ~ i s t r a r - ~ e n e r l l shall, after registerir~g the trans-
I
fer, enter on suchgrant or certificate of title, a memorandum cancelling the same, either wholly or partially, according as the memorandum of transfer purports to transfer the whole or part only of the land mentioned in such grant or certificate of title, and setting forthithe particulars of the transfer.

certificate to be

iseued to purchaser.	45. The Registrar-General upon cancelling any grant or certifi- cate of title, either wholly or partially, pursuant to any such transfer, shall make out to the transferee, a certificate of title to the land mentioned in such memorandum of transfer; and every such certi- ficate of title shall refer to the original grant of such land, and to the memorandum or other instrument of transfer; and the Registrar-General shall retain every such cancelled or partially can-
a certisoate for tho	celled grant or certificate of title, and wherever required thereto by the proprietor of an unsold portion or balance of land included in
bd&llCe,

transferred, W" to be

issued to proprietor

when demanded, or to any such partially cancelled grant or certificate of title, or by a

s registered transferee registered transferee of such portion or of any part thereof, shall

thereof. make out to such proprietor, or transferee, a certificate of title for such portion, or for any part thereof, of which he is the proprietor or transferee.

Trmflferee of lmd 46. In every instrument transferring an estate or interest in land

aubject to mortgago under the provisions of this Act subject to mortgage or encum-

~rencumbrmcg to

tranafe*r- brance, there shall be implied the following covenant by the trans-

feree, that is to say-That such transferee will pay the interest or annuity secured by such mortgage or encumbrance, after the rate and a t the times:[specified in the instrument creating the same, and will indemnify and keep harmless the transferor from and against the principd@um secured by such instrument, and from and against all. liability in respect of any of the covenants therein contained, or by

this Act~implied,~on the part of the transferor.

Lands under the pro.	47.	When any land under the provisions of this Act is intended to
visions of this Act+-

how leasd.	be leased or demised for a life or lives, or for any term of years ex- ceeding three years, thc proprietor shall execute a memorandum of lease in form E of the Schedule hereto; and every such instrument shall, for description of the land intended to be dealt with, refer to.
the grant or certificate of title of the land, 01. shall give such other description as may be necessary to idarltlfy such land, and a right for or covenant by the lessee to purchase the land therein described may be stipulated in such instrument, and in case the lessee shall pay the purchase-money stipulated, and otherwise observe his covenan& expres~ed and implied in such instrument, the lessor shall be bound to execnte a memorandum of transfer to p c h lessee of the said land and the fee simple thereof, and to perform all necessary acts by this Act prescribed, for the purpose of transferring to a purchaser the said land and the fee simple thereof: Pro~ided always, that no lcase
of mortgaged or encumbered land shall be valid and binding against

the

the mortgagee or encumbiancee, unless such mortgagee or encum- brancee shall have consented to such lease prior to the same being registered.

48. Whenever any lease or demise, which is required to be regis- L e m m a

tered by the provisions of this -4ct, is intended to be surrendered, meat by hssee with rendered y endorae- be *Or-

and the surrender thereof is effected otherwise than through the concurrenoeof.lessor.

operation of a surrender in law, or t l~an under the provisions of any

law at the time being in force in the said Province, relating to insol-

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

counterpart thereof, the word "Surrendered," with the date of such

surrender, and such endorsement shall be signed by the lessee and

by the lessor as evidence of the acceptancc thereof, and shall be

attested by a witness, and the Registrar-Gcncral thereupon shall

enter in the register book a memorandum recording the date of such

surrender, and shall likewise endorse upon the lease a memorandum

recording the fact of such entry having been so made in the register

book; and upon such entry being so made in the register book,

the estate or interest of the lessee in such land shall 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 leasc or

counterpart, bearing silch endorsement and memorandum, shall be

sufficient evidence that such lease had been so surrendered: Pro-

vided that no lease subject to mortgage or encumbrance shall be so

surrendered without the consent of the mortgagee or encumbrancee.

49. In every memorandum of lease there shall be implied the Covenantsto'Je implied in e-my lease

following covenants against the lessee, that is to say- againat tb, lessee.

(1.) That he will pay the relit thereby reserved at the times therein mentioned, arid 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 up the demised property in good and tenantable repair.

50. In every memorandum of lease there shall also be implied the Powew to bo implied

following powers in the lessor, that is to say- in lessor.

(1.) That he may, by himself or his agents, at all reasonable times, enter upon the demised property, and view the state of repair thereof,'and may serve upon the lessee, or leave at his last or usual place of abode in this Province, or upon the demised property, a notice in writing of any defect, requiring him within

a reasonable time, to be therein prescribed, to repair the same:

(2.) That in case the rent, or any part thereof, shall be in 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, and shall be continued for the space of six calendar months, or in case the

B repairs

repaim required by such notice as aforesaid, shall not bave been completed within the time therein spccificd, it shall be lawful

for such lessor to re-enter upon and t ike possession of such

dcmised premises.

Bd8&-aenedto

note particular8 of re- 51. In any such case the Registrar-General, upon proof to his

~ntryinregitwboolc, satisfaction of re-entry and recovery of possessioii bp a lessor, by

any proceeding in law, shall note the same bv entry in the register book, and the estate of the lessee in sucd land shall thereupon L determine, but without releasing him f m his liability in respect of the breach of any covenant in such lease expressed or implied,and the Registrar-General shall cancel such least: if deliverecl up to him for

that purpose.

Ladsunderthis Act 52. Whenever any land, or estate or interest in land, under the

-how mortgaged or

encumbered.	provisions of this Act is intended to bc charged or made security in favor of any mortgagee, the mortgagor shall execute a mcmoranrlum of mortgage in form F of thc Schcdule hereto; m d whenever any such land, estatc, or interest as aforesaid is intended to be c'harged with, or made security for the payment of an annuity, re~lt-charge, or sum of money, in favor of any encurnhrnncce, the cncumbrancer shall execute a* memorandum of encllmbrancc in form G of the Schcdulc hereto; and every suclz instrument shall contain an accurate statement of the estate or iuterest intcndcd to be ruortgaged or encumbered, and shall, for description of thc land intended to be dealt with, refer to the grant or c~rtificatc of title of the lnnd in which such estate or interest is held, or shall give such other des- cription as may be necessary to identify such land, topcthcr with a statement of all mortgages and other encumbrancesiLffecting the same (if any).
Mortgage Or encum-
brance not to operate	53. Mortgage and encumbrance under this Act shall have effect as security, but shall not operate as n transfer of the land thereby charged, and in case default hc inadc in thc paynlent of the priucipal
as transfer.
PrOceavm in	sum, interest, annnity, or rent-charge, or any part thctcof thereby

of secured, or in the obsewance of any covenant cs~mssed in ally

default.

memorandum cf mortgage or of encumbrance registered under this Act, or that is hereinafter declared 10 be implied in such instrnment, and such default be continued for thc space of one calendar month, or for such other period of time as may tlierein for that purpose be expressly limited, the mortgagee ar e~icuuibrarlcee may give to the mortgagor or encumhrnncer, noticc:, in writing, to pay the money then due or owing on such mclvorandum or mortgage, or of encumlmnce, or to observe the covenants therein expressed or implied, as the case may be, and that sale will bc effected if such default be continued, or may leave such notice on the mortgaged or encumbered land, or at the usual or lagt known. place of abode in South Australia of the mortgagor or encumbrancer, or other person clai&ng to be then entitled to the said land.

Power to sell.

64, After such default in payment or in observance of covenants

c~ntiauing for the further space of one calendar month horn the

date

date of such notice, or for such other period as may in such instru- ment be for that purpose limited, such mortgagee or encumbrancec is hereby authorized and empowered to sell the land so mortgaged or encumbered, or any part thereof, and all the estate and interest therein of thc mortgasor or encumbrancer, and either altogether or in lots, by public auction or by private contract, or both such modes of sale, and subject to such conditions as he may think fit, a.nd to buy in and resell the same without being liable for any loss occasioncd h~reby, and to nlalre and executc all such instruments as shall be necessa1.y for effecting the sale thereof, all which sales, contracts, matters, and things, hereby' authorized, shall hc as valid

*

and effectual as if the mortgagor or encumbrancer had made, done, or executed the same, and the receipt or receipts in writing of the mortgagee or erlcumbrancee shall be a sufficient discharge to the purchaser of such land, estate, or interest, or of any portion thereof, for so much of his pnrcliase-moncy as may be thereby expressed to be received; and no stlch purchaser shall bc an~werable for the loss, misapplication, or non-application, or be obliged to see to the application of the purchase-money by him paid, nor shall he be collcertled to inquire as to the fact of any default, or notice having been n l d e or $ven, a.; aforesaid; and the purchase-money to arise from the sale of any such land, estate, or interest, sllall be applied: First-In payment of the espc.nses occasioned by such sale:

Secondly-ln paymcnt of the moneys which may then be due or Zzpr i8 t ion of pro-

owing to the mortgagee or encumbrancce: Thirdly-In payment of

snhs~quent mortgages nr encumhra,nc~s, if any, in the order of their priority; and the surplus, if any, shall be paid to the mortgagor or encumbrancer, as the case may be.

55. Upon the registration of any memorandum or indrtment of RogistraiGeneral to give effxt to sale by

transfer executed by a mortgagee or encnmbra~~ceu, for the purpose or encnm-

of such sale as i ~ f ~ r ~ ~ ~ i d, the cstntc or interest of the mortgagor or brancee.

cncumbranceu thcrcin dcscrihcd as to bc convcyeci shall pass to and

V P S ~ account of such mortgage or el~cuinbran&, or of any mortgage or in thc p~~uchaser freed and discharged from all liability on	encumbrance registered subsequent thereto; and if such memo-
randum of transfer purportx to pass an estate of freehold in posses- sion the purchaser shall be entitled to receive a certificate of title for the same.

56. The rnortgagcc or mcumbrancre, upon default in payment of In mortgagee of defafilty or

the principal sum or part thereof, or of any interest, annuity, or brancee mag enter

rent-charge, secured by any mortgage or encurnbrancc, may entcr ~

~

~

~

f

i

.

~

~

~

~

~

~

into possession of the mortgaged or encumbered land by receiving the rents and profits thereof, or may distrain upon the occupier or tenant of the said land under the power to distrain hereinafter contained; or bring an action of ejectnwnt to recover the said land

either before or after entering into the receipt of the rents and May bring action for

profits thereof, or making any distress as aforesaid, and either before foreclme dght of m- ejectment, or may

or after any sale of such land shall be effected under the power of demption.

sale given or implied in his memorandum of mortgage or of encum-

brance, and any such registered mortgagee shall be entitled to

foreclose

foreclose the right of the mortgagor to redeem the said mortgaged

or encumbered lands in manner hereinafter provided.

MO*gagee Or encUm-

h n c e e may distrain 57. Besides his remedy against the mortgagor or encurnbrancer,

on tenant or occupier every mortgagee or encumbrancee shall be entitled after the principal

for arrears not exceed-
ing the amount of	sum: interest, annuity, or rent-charge shall have become in arrear
rent due by such	for twenty-one days, and after seven days have elapsed from the date
tenant or occupier.	of application for the payment thereof to the occupier or tenant, to enter upon the mortgaged or encumbered land, and distrain and sell the goods and chattels of ~ a c h occupier or tenant, and to retain thereout the moneys which shall be so in arrear, 3rd all costs and expenses occasioned by such distress and sale: Provided that no occupier or tenant occupying such ?and shall be linble to pay to any mortgagee

N~ leesee liabla for

amount of rent a&-

greater sums than the or encurnbrancee a greater sum than the amount of rent, which at

my owing by him. the time of making sl~ch distress, may be then duc from such occupier

or tenant to the mortgagor or encurnbrancer, or to the person claiming

the said land under the mortgagor or encumbrancer, and any amount

so paid shall be held to be p ~ o ta-llro in satisfaction of such rent.

MO*ga~ee Or cncum-

bmcee of Ieasehold 58. Any mortgagee or encumbrancee of leaseho!d land under the

entering into	provisio~is r3f this Act, or any person claiming the said land as a
8es8i0n of rent
profits becomes liable	purchaser or otherwise, from or under such mortgagee or encum-
to lessor.	brancee, after enterir~g into possession of the said land, or the rents and profits thereof, shall, during such possession, and to the extent of an! rents and profits which may be received by him, become and be subject and liable to the lessorwof the said land, or the person for the time being entitled to the said lessor's estate or interest in the said land to the same extent as thc lessee or tenant was subject to, and liable for, prior to such mortgagee, encumbrancec, or other person entering into possession of the said land, or the rents and profits thereof.
Discharge of mod-

gee and encum-	59. Upon thc production of any memorandum of' mortgage or of encumbrance, having thereon an endorsement signed by the mort-
gagee or encumbrancee, and attested by a witness discharging thc
land, estate, or interest from thc! whole or mr t of the nrinciaal sum 1. L
or annuity secured, or discharging any part of the land comprised in such instrument from the whole of such phcipal sum or annuity,
the Registrar-General shall make an entry in the register book, noting
that such mortgage or encumbrance is discharged wholly or partially, or that part of the land is discharged as aforesaid, as the case may require, and upon such entry being so made, the estate or interest, or the portion of land mentioned or referred to in such endorsement as aforesaid, shall cease to be subject to or liable fbr such principal sum or annuity, or as the case may be, for the part thereof noted in such entry as discharged.

Entryof satief~tion	60. Upon proof of the death of the annuitant, or of the occurrence of the event or circumstance upon which, in accordance with the provisions of any mernorandum of encumbrauce, the annuity or sum of money thereby secured shall cease to be payable; and upon proof
of muiv.
that all arrears of the said annuity, and interest or money have been

paid,

paid, satisfied, or discharged, the Registrar-General shall make an

cntry in the register book, n ~ t i n g that such annuity or sum of money is satisfied and discharged, and shall cancel such instrument; and upon such entry being made, the land, estztte, or interest shall cease

to be subject to or liable for such annuity or sum of money; and the

Registrar-General shall in any or either such case as aforesaid endorse on the grant, certificate of title, or other instrument evidencing the title of the mortgagor or encumbraneer to the land, estate, or interest mortgaged or encumbered, 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 t l~a t purpose.

62. In case the registered mortgagee shall be absent from the Mortgagemoneymay

said Province, and there be no person authorized to give a receipt if mortgagee be ab be paid to Treasurer

to the mortgagor for the mortgage money at or after the date sent fromtho Colony, and mortgage dw-

the Treasurer of the said Province to receive such mortgage money,

with all arrears of interest then due thereon, in trust for the mort-

gagee or other person entitled thereto. and thereupon the interest

upon such mortgage shall cease to run or accrue, and the Registrar-

appointed for the redemption of any mortgage, it shall be lawful for &rgea, of the said mortgage money and interest, make an entry in the register book, dischwging such mortgage, stating the day and hour on which such cntry is made, and such. entry shall be a valid dis- charge for such mortgage, and shall have the same force and effect as is hereinbefore given to a like ei1tr.v when made upon production of the rnemoritndum of mortgage with the receipt of the mortgagee;

a d the Registrar-General shall endorse on the grant, certificate of

title, or other instrummt as aforesaici, and also on the memorandum of mortgage, whenever those instrtmlents shall be brought to him for that purpose, the several particulars hereinbefore directed to be endorsed upon each of such instruments respectively.

62. In every memorandum of mortgage there shall be implied Covenants to be

against the mortgagor, a covenant that he will repair and keep in implied in every

repair all buildings or other improvements erectec? and made upon m o % ~ g e.

such land, and that the mortgagee may, at all colzvenient times, until such mortgage be redeemed, be at liberty, with or without surveyors or others, to enter iato and upon such land to view and inspect the state of repair of such buildings or improvements.

63. A registered mortgage: a registered lease, or the interest of Transferof mortgage, and of encumbrance,

a registered encumbrsncce may be transferred to any person by RJldot

lease.

memorandum of' transfer as aforesaid, or by an instrument in the forin H of the Schedule hereto, which instrument may be "endorsed upon the memorandum of mortgage, encumbrance, or lease; and upon such memorandum of transfer, or other instrument, being registered, the estate or interest of the transferur, as sl:t forth in such instrument, with all rights, powers, and privileges thereto belonging or appertaining, shall pass to the transferee, and such transferee shall

thereupon

thereupon become subject to and liable for all and every the same

requirements and liabilities to which he wodd have been subject; and liable if named in such instrument originally as mortgagee, encumbrancee, or lessee of such land, estate, or interest.

of lease includes 64. By virtue of every such transfer as is hereinbefore mentioned, of

trnnsfer of r;ghtb the right to sue upon any memorandum of mortgage, or other 'UBtheremder. instrument, and to recover any debt, sum of money, annuity,

or damages thereunder (notwithstanding the same may be deemed or held to constitute a chose in action), and all interest in any such debt, sum of money, annuity, or damages, sllall be transferred so as to vest the same at law as well as in eouity, in the transferee thereof: J. Y '

sa* powers to

Courts of Equity to Provided always, that nothing herein contained shall prevent a

give egeot to tm~th court of Equity from giving effect to any trust affecting the said

debt, sum of mon;.y, annuity, or damages, it1 case thc transfcree

shall hold the same as a trustee for any other pcrsori.

AbbreviateafOmOf	65. Such of the covenants hereinafter set forth, as shall be
words for expressing

Covenants to bo as expressed ire any memorandum of lease or mortgage, as to be

set implied shall, if expressed in the form of words hereinafter

effectual

covenants wero ' Bucb

forth in worh at	appointed and prescribed for the case of each such covenant respec-
length.	t i d y, be so implied as fully and effectually as if such covcnanti; were set forth fully and in word; at length in such instrument, that is to say, the wdrds will insure," &all imply as follows-that the lessee or mortgagor will insure, and so long as the term expressed in
the said mortgage or lease shall. not have expired, will keep insured
in some public insurance office to be approved by such morigaqee or lessor, against loss or damage by fire to the full amounts specified in such instrument; or, if no amount be specified, then to their full value, all buildings, tenements, or premises erected on such land which shall be of a nature or kind capable of being insured against loss or damage by fire; and that the mortgagor or lcssec mill at the request of the mortgagee or lessor, hand ovcr to and deposit
with him the policy of elcry such insurance, and protlnce to him the receipt or receipts for the annual or other preminms payable 011
account thereof; and also, that all moneys t u be received under or by virtue of any such insurance, &ail, in the cwnt of loss or damage by fire, be laid out itnd expended in making good such loss or damage: Provided also, that if default shall Fe made in the observance or performance of the covenant last above-mention~d, i t shall be lawful for the mortgagee or lessor, without prejudice, never- theless to and concurrently with the powers granted him by his memorandum of mortgage or lease, or by this Act provided, to insure such building, and the costs and charges of such insurance shall, until such mortgdge be redeemed or such lease shall have
Paint outside.	expired, he a charge upon the said lmd. The words paint outside every alternate year," shall imply as follows, viz.-and also will in every alternate year, during the currency of such lease, paint all the outside woodwork and ironwork belonging to the hereditaments and premises mentioned in such lease, with two coats of proper oil colors,
PhtmapapOr
Ineide.	in a workmanlike manner. The words LLpaint and paper inside

every

every third year," shall imply as follows, viz.--and will in every

third yea;, during the currency of such lease, paint the inside wood, iron, and other works, now or usually painted, with two coats of proper oil colors, in a workmanlike manner, and also re-paper, with paper of a qudity as at present, such parts of the said premises as are now pnpered, and also wash, stop, whiten, or color such parts of the said premises as arc now whitened or colored respectively.

The words " wiil fence," shall imply as follows, viz,-and also Fence.

will, during the continuance of the said lease, erect and put up on tllc bor~ndarics of thc land therein-mentioned, or upon such bound claries upon which no substaatial fence now exists, a good and sub-

stantial fence. The word, " cultivate," shall imply as follows, viz.- cultivate.

and will at all times, d w h g the said lease, cultivate, usc, and manage

all such parts of the laud therein-meationccl, as are or shall he broken

up or converted into tillage, in it p r o p and husbandrnanlike manner,

m d will not impoverish or mastc the same. '3'lze words, " that

the lessee will not use the said premises as a shop," shall imply as ~ o t use as a shop.

follows, \.-ix.-ancl also that tlle said lessee will not convert, use, or

occupy thc said I~er~ditamcnts and prmlises nlentioned it1 such lease,

or any part tliercof, into or as a shop, varehonsc, or other place for

carryilig on any trade or business whatsoever, or pcrmit or suffer the

said hercditztinents or premises, or any part tllcreof, to be used for

any such purposc or otlicrwise than ns a private dwc?.hg-house,

without the consent in writing of the said lessor. 'She words, Offensive trades.

will nut carry or1 offimive trades," shall i~nply as follows-and

also that no noriiou~, noisome, or ofknsive art, trade, business, occu- pation, or calling shall at any time during the said term be used, exer- cised, carried on? permitted, or suffered in or upon the said hercdita ments and prenmes ahove-mentioned; and that no act, matter, or thing whatsocvrr shall at any time during the said term be done in or upon the said Ileretlitanlents and premises, or any part thereof, which shall or rnay bc or (prow to thc annoyance, nuisance, gricvancc, h damage, or dish~rbancc of the occupicrs or owners of tllc adjoining

lands and hercilitarnents. The words, will not, without leave,

as5ign or sublct," shall imply as follows, viz.-and also that thc said Assign or sublet.

lessee shall not nor mill during the term of such lease assign, transfe~,

demise, sublet, or set over, or otherwise by any act or deed procure

the lands or premises therein-mentioned, or any of them, or any

part thereof, to bc assi p c d, transfcrrcd, dcmiscd, sublet, or set over

unto any person whon~soc.ver, without the cousent in writing of the

said lessor first had ancl obtained. The words, " will not cut Cut timber.

timber," sl~ttll imply as follows-and also that the said lessee shall

not nor will cut 20~11, fell, injure, or destroy any growing or living timber or timber-like trees standing and being upon the said hcrcdi- tamerits and premises above-mentioned, without the consent in

writing of the said lcssor. The words, " will carry on the business Bueinces of publiclo

of a publican, and condnct the samc in an orderly manner," inord&mawr.

shall imply as follows, viz.-and also that the said lessee will at all

times during the currency of such lease, use, exercise, and carry on

in and upon the premises therein-mt:ntioned, the trade or busiiiess of

a licensed victualler or publican, and retailer of spirits, wines, ales,

beer,

beer, and porter, and keep open and use the messuage, tenement, or inn, and buildings standing and being upon the said land as and for an inn or public-house for the reception, accommodation, enter- tainment of travellers, guests, and other persons resorting thereto or frequenting the same, and manage and conduct such] trade: or busi- ness in a quiet and orderly manncr, and will not do, commit, or permit or suffer to be done or committed any act, matter, or thing whatsoever whereby or by means whereof any licence shall or may

be forfeited or become void, or liable to be taken away, suppressed,

or suspended ia any manner howsoever. The words, '' will apply

4pl s for renewal of for a renewal of licence " shall imply as follows, viz.-and	also
licence.

shall and will from time to time during the continuance of the said term, at the proper times for that purpose, apply for and endeavor to obtain at his own expense, all such licences as are or may be necessary for carrying on the said trade or business of a licensed victualler or publican in and upon the said hereditaments and pre- mises, and keeping the said messuage, tenement, or inn open as and for an inn or public-house as aforesaid: The words, will

Tz!n&;ffthe trmsfsr facilitate the t~ ansfer of licence," shall imply as follows, viz.-and

also shall and will, at the expiration or otllcr sooner determination of the said lease, sign and give such notice or notices, and allow such riotice or notice of a renewal or transfer of any licence as may be rcquired by law to be affixed to the said messuage, tenement. or inn, ta be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf, and generally to do and perform a11 such further acts, matters, and things as shall be necessary to enable the said lessor, or any other person authorized by him to obtain the renewal of any licence, or any new licence, or the transfer of any licence then exiking and in force,

NO notice of t m t s t o be entered in register 66.

The Registrar-General shall not make any entry in the register instrument or deed may escludt., as well lands under the provisions tive; but trusts may be declared by any instrument or deed, which

bcok.	book of any notice of trusts, whether expressed, ImpLicd, or construc-
of this Act, as land which is not under the provisions thereof:
Provided that the description of the several parcels of land contained in such instrument or deed shall sufficicntly distinguish the land which is under the provisions of this Act from the land which is

Instrument deda+ng not under the provisions thereof; and a duplicate or an attested copy

truata to be deposited

but not re&ere&

of such instrument may be deposited with the Xegistrar-General for

safe custody and reference; but shall not be registered.

Insertionofthewords 67. Upon the transfer of any land, estate, or interest under the

sunirOrship': in of this Act, to two or more persons, as joint proprietors, to

instrument of appomt-

ment 0.t t m s t ~ s	to be held by them as trustees, it shall be lawful for the transferor to
Operate to prevent

leesnumber of trutltees insert in ihe memorandum of transfer, or other instrument, the words

than those reeterecl C C no survivorship ;" and the kegistrar-Gencral shall in such case

without order of the land include such words in the memorial of such instrurxient to be entered

court. by him in the register book as hereinbefore directed; and shall also enter the said words upon any certificate of title issued to such joint

proprietors,

proprietors, pursuant to such memorandum of transfer. And any two or mvrc persons registered as joint proprietors of any land, estate, or interest undcr thc provisiorls of this Act, held by them as trustees, may, by writing under their hand, authorize the Registrar- General to cntcr the words &' no sur~ivorship " upon the grant, certi- ficate of titlc, or other instrument evidencing their title to such estate or interest, and also upon the duplicate of such instrument in the register book or filed in Lis office, and after such entry has been made and signed by the Registrar-General in either such case as aforesaid, it shall not be lawful for any less number of joint pro- prietors than the number then registered to transfer or otherwise deal with the said land, estate, or interest, without obtaining the sanction of the Supreme Court or a Judge thereuf, by an order on motion or petition.

Notice to be published

68. Before making any such order as aforesaid, the Court or Judge shall, if it seem requisite, cause notice of intention so to do to	before effect is given
to order.

be advertised once in the Governmerzt Gazette, and three times in at least one newspaper publish6.d in the City of Adelaide, and shall appoint a period of time within vhich it shall be lawful for any person intcrcstcd to show causc why such order should not be issued; and thcrcupon it shall be lawful for the said Court or Judge in such order to give directions for the transfer of such land, " "

estate, or intcrcst to any new proprietor or proprietors, solely or jointly, with or in the placc, of any existing proprietor or proprietors, or to make such order in the premises as the Court thinks just for the protection of the persons beneficially interested in such land. estatc. orm interest. or in the proceeds thereof: And upon such or her being deposited: with the ~kistrar-fleneral, he shall make such entries and perform such acts as in accordance with the provisions of this Act may be necessary for the purpose of giving effect to such order.

person to act for him, or on his behalf, in rcspect to the transfer or under the provisions of this Act, may authorize and appoint any 69. The registered proprietor of any land, estate, or interest, Power of attorney.

other dealing with such land, estatc, or interest, in accordance with

the provisions of this Act, by cxccuting a power in any form hereto-

fore in use for the like purpose, or'in form I of the Schedule hereto,

and a duplicate or an attestcd copy thereof shall be dcposited with

the Registrar-General, who, after comparing the same shall enter in

the register book a memorandum of thc particulars therein contained,	l
and of the date and hour of its deposit with him.

7 0. The Registrar-General, upon the application of any registered for

139. If any persor, is guilty of the following offences, or any of them (that is to say) :-

(I.) Forges, or procurcs to be forged, or assists in forging the Seal of the Registrar-General, or the name, signature, or	handwriting of any officer of the Registry Office in cases	where such officer is bv this Act expressly or impIiedly
authorized to affix his signature:

(11.) Stamps, or procurcs to be stamped, or assists in stamping,

any document, with any forged seal of the Registrar-General:

(111.) Forges, or procures to be forged, or assists in forging, the

name, signature, or handwriting of any person whomsoever, to any instrument which is by this Act, or in pursuance of any power contained in this Act, expressly or impliedly authorized to be signed by such person:

(IT.) Uses, with an intention to defraud any person whomsoever, any document upon which any impression or part of the impression of any seal of the Registrar-General has been forged, knowing the same to have been forged, or any document the signature to which has been forged, knowing

D the same to have been forged: such

such peraon shall be guilty of felony; and if any person is guilty of making a false oath or declaration concerning any matter or pro- cedure made or done in pursuance of this Act, such person shall be deemed guilty of perjury.

Punkhmentoffel~~. 140. Any person convicted of felony or perjury under this Act, shall be liable to imprisonment for any term not exceeding four years, and to be kept to hard labor or solitary confinement for any pzrt of the period aforesaid.

Oonviction not to

affect civil remedy. 141. No proceeding or conviction for any act hereby declared to be

a misdemeanor or a felony shall affect any rcmrdy which any person

aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act, or against his estate.

Rules of Supreme	142. I n the condtlct of	actions under this ,4ct, the same rules of
Court to apply, and

urme right of appeal procedure and prdctice shall apply, and there shall he the same

a"nordinaryadiom. rights of appeal ;rs are in force or exist for the time being in respect of ordinary actions in the Court in which such action may be tried: Provid~d that the Judges in the Suprmc Court shall have power from time to time to make rules and orders for regulating proceed- supreme ~01n-t may

make rules, %c.	ings in the Supreme Court under this Act, ancl from time to time to
rescind, alter, or add to such rules and orders.
Juriediction.	143. IJnlcss in any case herein otherwise expressly provided, all offenccs against the provisions of this Act may he prosecuted, and all penalties or sums of money imposed or declared to be due or owing, by CV under the provisions of tlle same, may be sued for and recovered in the name of the Attorney-General or of' the Registrar-General before any Court in the said Province having jurisdiction for punishment of offcuccs of the like nature, or for the recovery of penalties or sums of money of the like amount.
Local Courts to haw

jurisdiction in actions 144. Local Courts of full jurisdiction shall have jurisdiction to

of ejectment, in

try all actions of ejectment in respect of all land under the pro-

certain cases.

visions of this Act, and all othw actions in respect of such land in

the same manner ns though the vvorcls, R e d Property Act of 1661,

were substituted for the words, Keal Property Act, 1860, in the

Local Court Act, 1861.

Commencement of

Act.

145, This Act shall commence ancl take effect from and after the thirtieth day of November, one thousand eight hundrcd and sixty- one,

In the name and on behalf of the Queen I hereby assent to

this Act.

RICHARD GRAVES MACDONNELL,

Governor.

Government Mouse, Adelaide,

3rd December, 1861.

SCHEDULES

SCHEDULES REFERRED TO,

Application to brhg land under the provisions of the Real Property Act of 1861,

I, A.B., of , do declare (that I am) or /on beha[f of

I l~a t he is) seised of an estate of freehold (here stale whether of

.f inheritance or of a life estate, a d whether heZd in trust) in all that piece of land

situated in fhere state tAe situal'i~n) containing fhrre state the awn) be the same a little more or less fesclusive of roads intersecting the same if aay) with (iiere state rigl~fs of way and other pivileycs or cascnzents appertaining, and set forth a sufficient description to identify the land) which piece of land is of the value of

S and no more, and is (tJhe town allohwnt or country section,

o r is pa r t of the town nllotment, country wrtion, or reserve) originally granted

to 9 , by land grant under the hand and seal of , formerly

Governor for Resident Conznzissionerj of the Province of South Australia. Dated

the day of , numbcred in the plan of the (district, totonship,

or cozcnfy) of , as delineated on the public maps of the Province, deposited

in the Survey Office, Adelaide. And I do further tlcclare that I am not aware of any mortgage, encumbrance, or claim affecting the said land, or that any person hath any claim, estate, or interest in the said land, at law and in equity, in possession or in expectancy, other than is set forth and stated as follows, that is to say-(here state

par tmdars o j ' nzortyayes, encun~bra~~ccu, rlowcr, or o t h r iulercst to ~LACIL the land

may be sic&ct/. And I further declare that there is no person in possevrion or occupation of the saic! lands adversely to my estate or interest therein, and th i t the said land is now fhere state names and drwr+tion (!f orcupier, 0, that the land is unoccupird), and that (hrt e slate the name a d nddresses qf owners ancl occupirrs of

lands contiguous the~eto j aild that there arc no deeds or instrumcnts of title affecting such land in my possession or undcr my control, othcr than thosc cnumcrated in the Schedule hereto, or at foot hereof, and I make this solemn declaration conscientiously believing the same to be true.

Dated at , this day of , 18 .

Msde and subscribed bj the above-named , this day of

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

I, A.R., the abova declarant, do hereby apply to have the piece of land described

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

Act of 1860,

Dated at , this day of , 18 .

Witness to signature-G.D. A.B.

Caoent forbidding lands to be brought under the Real P ~ o p e ~ t y Act, 1860.

Take notice that I 3 of , claiming estate or intercst (here state the

ftature of the estate or interest clnzmed, and the on which sz~clh claim i s founded)

in lands described as (here state particulars ~f~dcscrl;otiu~zfro?n dedaration of upplzcant)

in notice dated the day of. advertising the same as land in respect to which claim has been made, to have the same brought under the provisions of the Real l'roperty Act of 1861, do hereby forbid the bringing of the said land under the provisions of the said Act.

Dated this day of , 18 .

A.B.

Signed in my presence, this day of

To the Registrar-General of the Province of South Australia.

And appoint , as the place at which notices relating hereto may be served.

C

SOUTH [Royal Arms] AUSTXALIA.

Certtjfcate o f Et le.

A.%, of fhere insert descr+tion, and if cerlijcate be issued pursuant to any

transfer, reference to memorandum of transfer) is now seised of an estate fhere

state whether i n f e e simple or for l+), subject, nevertheless to such encumbrances, liens,

and interests as are notified by memorial underwritten or endorsed hereon, in that

piece of land situated in the (County, Hundred, or Township) of

fhere insert suflcient description to identify the land, reJkrring to map or diagram),

which said piece of land is for is part of) the f County, Section, or Town allotment), marked, delineated in the public map of the said (County, Hundred, or

Township), deposited in the officc of the Surveyor-General, originally granted the

day of under the hand and seal of Governor f o r

Resident Commissioner) of the said Province, to C.D.

In witness whereof, I have hereunto signed my name, and affixed my settl, this

day of

Registrar -General f .L.S.)

Signed in presence ci

the day of !

I, A.H., being registered as the prbyrietor of an estate f7me s t a t ~ nnture o f the

esfate or inbterest) subject, however, to smh encumbrances, liens, and interests as are notified by n~emoranclurn underwritten or cnJorsed hereon, in all that piece of land

situated in the (Cozer~ t~, H u ~ ~ d r e d, or T o I ~ s J I + ) of, containing ( ? w e slate area), be t h ~ same a little more or less [ezclusior: of ronds interaectirry the name. if any. Here state rights of way, privile,ps, or easemmts, if any, ivttended to be conveyied; and if the land to 6e dealt with codctin all that rs includrd in an existing g r a d or c er- tzycwte, refer thereto for dtscri;lllron of parcels a d dingrnms, ot&r wise set for th the boundaries in chains, links, or feet, and refer to plau deliwated on the mary i r~, or annexed to the instrzment, w e deposited i r ~ the Keyistry Ofice), in consideration of the

sum of £ , paid to me by E.F, the rcccipt of which sum I hereby acknowledge,

do hereby transfer to the said E.F, fall my estate, ov inturtst, or as a lesser estate or

interest, describirzg such, l e s~cr estclte), in the said piccc of land. In witne~s whereof,

I have hereunto subscribed my name, this day of

Signed on the day above-named, by the said A.B., in the presence of G.H. !

iWemoraz,dzsm qf l ease.

I, A.B., being registered as proprietor of an estate f l~er? sfate nafure of the estate

or ircter~st), subject, humerer, to suck c n c u r n b ~ m ~ ~ s. lien^, 2nd interests as are notified by memolandurn undernritten or endorsed hereon, in that piece of land situated in the (County, Ihcndred, or Xjzut~ship) of, containing (here state area),

be the same a little more or less (exclusiue oj'roads inte~secting t h e sump, v f a m j ( here

state rights o f zoay,priurleges, or eas,.mel fs. y a n y intended to be conuey~d. I f the land he dea26 with conrams all that i s irwltcded h a an existiny grant or certijkate o f title. or lertse, refer thereto f o r descri$ion and d i a g m m ; otherzoite set for th the

bounda~ z'es in chains. links, or feet, and r.~?fe,* lo U plar~ thereof ov margin o for annexed

to the tease, or d~positod in the Beyi tdry Oflce), do'hereby leasc to E.F., of (here

imert descriptiou) all the said lands to be hcld by him, the said E.F., as tenant for the pace of years, at the yearly rental of, payable (here insert terms

o f payment (f rantj subject to the following covenants, conditibns, and restrictions

(here set for th ail special covenants, any).

I,

I, E.F. of fhere insert descr+tion), do hereby accept this lease of the above-

described lands, to be held by me as tenant, and subject to the conditions, restric-

tions, and covenants above set forth.

. Dated this day of

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

lessee, this day of , in the presence of X.Y.

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

~Wemorandym of Mortgage.

I, A.B., being registered as proprietor of an estate (here state nature of the

estate or interest), subject, however, to such encumbrances, liens, and interests as are notified by menloranda underwritten or endorsed hereon, in that piece of land situated in the (county, hundred, or township) of, containing (here state area), be the

same a little more or less (erclusiz~c qf roads intersecting the same, any [here state

rights qf way, privileges, or easemtnts, zy any appertainir~g], and if the land to be

dealt with contains al l that is included in an existing grant or certz3cate of title, or

lease, rejer thereto for descr@tion of parcels and diagram; otherwise set forth the

i5oundarim in chains, links, or feet, and refer to ptan thereof oon margin of or annexed

to the mortgage, or deposited it& the Registry Oflee).

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

{here insert description), the receipt of which snm I hereby acknowledge, do hereby covenant with the said E.F., that I will pay to him, the said E.F., the above sum of

32 on the day of . Secondly, that I will pay interest on the

said sum at the rate of £ by thc LOO in thc year, by equal paymcnts on the

day of , and on the day oi , in every year. Thirdly

(rlieve set fiwth special coz.enunts, iyf' any) and for the better secuying to the said E.F the repayment in mmner atbresaid of the said principal sum and interest, I hereby mortgage to the said E.Y. all my estate and interest in the said land above described.

Ln witncss-whereof I liave hercto signed my name this day of

A.B , mortgagor.

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

presence of G.H.

Memoran.dwm of Encumbrance for securinq a sum of Money.

I, A.B., being regi..tercd as proprietor of an estate (here state nature of the estate

or interest) subject, howtscr, to such encumbrances, liens, and interests as are

notified by rne~nornnda underwrittell or endofsed hereon, in that piece of land situated

in (the rozcnty, hundred, or to?mship j of, , containing (here state area), be the

same a little more or less fexclusive of roads intersecting th,e same, If any [here also

state rights nf way, privilegm, or casements, if any appertaininy], and i f the land to

be dealt with contains all that i s included in a?& existing grn?,t or certt2cate of title,

refer thereto for descr@tion of parcels arid clingram; otherwise set forth the boundaries

in chains, links, or feet, and rvfer to plan thereof on margin of o r annexed to the hill

of

et,czcmbrance, or deposited i t 8 the Registry Ofice).

And desiring to render the said land available for the purpose of securing to and

for the benefit of C.D. the (sum of money, annuity, o r rent charge) hereinafter mentioned, do hereby encumber the said land for the benefit of the said C.D. with the (sum, annuity, or rent c h a ~ g r j of 3 , to be raised and paid at the times

and in the manner following, that is to say-(here state the times appointed for the

payment of the sum, atmuit!/, or rent charge intended to be serured, the interest, *j'any,

and the ~uents on which smh sum, annuity, or rent charge shall become and cease to be payable, also any special covenants or powers and any modz>cation of the powers or remedies given to an encumbrance by the Real A-operty Act of 1861": And subject as aforesaid the said C.D. shall be entitled to all powers and remedies gitcn to an encumbrance by the Real Property Act of 1861.

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

in the presence of E.F. H

Trcsnsfr of Mortgage, Lease or Encum6rance, to be endorsed ola Original Mortgage, H

Encumbrance, or Lease.

I, the within-mentioned C.D., in consideration of g , this day paid to me

by X.Y ., of, the receipt of which sum I do herehy acknowledge, hereby 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 powers, estate, and intereat therein. I n witness whereof I have hereunto subscribed

myrnameithis day of

C.D., Transferor.

Signed by:the above-mentioned, in the presence

of E.F., the	day of	l
Accepted, X. Y. , Transferee.

Power of Attorney.

I, A.B., being registered as proprietor of an estate (here state nature of the estate

or interest), subject, however, to such encumbrances, liens, and interests a:; are

notified by memorandum underwritten or endorsed hereon, in (here refer to Schedule

f o r description and content of the several parcels qf land i n l e ~ d e d to 6e afected, w l ~ i c h

schedule must contain reference to the existing certijicate oJ' title, or land gmnt, wr lease of each parcel) do hereby appoint C.D. attorney on my behalf, to (here state the nature and eden t of the powers intended to be conferred, as whether to sell, lease, m o r t p y e, $C.) the 1ands;in the said schedule described, and to execute all such instruments,

and do all such acts, matters, and things as may be necessary k r carrying out the powers herebr given, and for the recovery of all rents and sums of money that may become or are now due or owing to mc in rcspect of the said lands, and for the cnforceme~ of all contracts, covenants, or colditions binding upon any lessee or occupier $r the said lands, or upon any o t h c ~ person in respect of the same, and for the takiwg and maintaining possession of the ssid lands, and for protecting the same from wwste, damage, or trespass.

In witness whereof I have hereunto subscribed by name this day of

Signed by the above-named AB. this day of in the presence of X. Y.

Schedule referred to.

Xegistration Abstract.

SOUTH [Roya l Arms. ] AUSTRALIA.

[ C o ~ y o t grant or certiJicate of title.]

Pursuant to Act of the Legislature of the said Province, intituled "The Real the purpose of enabling the registered 7roprietor to deal with the above described

Property Act of 1861," sections 71 and 72, this registration abstract is issued for

land at places without the limits of the said Province, and shall continue in force

from the date hereof until the day of, or until the same be

surrendered to me for canceliatiua.

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

day of

Registrar-General.

Signed and sealed, the day of , in the presence of X.Y.

L

Revocation Order.

I, AB., of , being seised of a n estate (here stale the n a t w e of the ss ta ts j,

all that piece of land (here describe land, rflerrimj to the exzsting grant, certificate, or

other imtrument of title), hereby revoke the power opattorney given by me to

dated the day of

In witness whereof I have hereunto subscribed my name this

day of , in the presence of

A.B., of

Caveat fodidding registration of dealing with estate or beterest. M

To the Registrar-General of South Australia.

Take notice, that I , claiming cstate or interest (here slate the nature of the

estate or interest claimed; and the grounds on which such claim is fomded) in (hers descrilk land) forbid the registration of any memorandum of transfer, or other instrument affecting the said land, until this caveat be by me, or by the order of the Supreme Court, or some Judge thereof, withdrawn, or until after the lapse of twenty-one days from the date of the service of notice of such intended registration at the following address)

Dated this	day of	18
Witness

Certzycctte of Registrar-General, Jzcstice of the Peace, &C., taking declaration of

attesting witness.

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

a person known to me and of good repute, attesting witness to this instrument, and

acknowledged his signature to the same; and did further declare that A.B., the party executing the same. was perconally known to him, the said C.D., and that the signature of this said instrument is in the handwriting of the said A.R.

(Signed) Registrar-General, J P., or Notary Public.

Certificate @' Registrar-General, Justice of tJ~e Peace, &C.. before whom instrument 0

may haus been executed by the parties thereto.

Appeared before me at , the day of , A.R.; of 9

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

same,

(Signed) Registrar-General, J.Y., or Notary Public.

Fees payable for the performance of the severat acts, matters, and thirbgs herein P

spect$~d.

For the bringing land under the provjsions of this Act, to be paid to the Lands Titles Commissioners, over and above the cost of all advertisc- ments herein prescribed to be in such case published:

8. d.

When thc title consistq of a grant, dated on or s~ibsequent to the 1st March, 1842,

and nono of the land included therein ha6 been dcalt with .................. 0 2 0

When the title is of any other description, and the vdue exceeds g300 ........ 1 0 0

Ditto	ditto	ditto	exceeds $200, and doez not exceed 5300	0 16	0
Ditto	ditto	ditto	exceeds $100, and doe8 not exceed S200	0 10	0

Ditto dilto ditto when the value does not exceed $100 . . 0 5 0

Contributions to assurancc fund upon first bringing land under this Act, and upon the registration of an estate of freehold in possession, derived by settlement, will, or intestacy-

I n the ~ o u n d sterling ................................................... 0 0 03

Other fees-

For every application to bring land under the Act .......................... 0 5 0

For evcry certificate of title.. ............................................ 1 0 0

Registering memorandum of transfer, mortgage, cacambrancc, or lease ........ 0 10	0
Registering transfer or discharge of mortgage or of encumbrance, or the transfer

or surrender of a baae ................................................ 0 5 0

Registering proprietor of any estate or interest derived by settlement or trans-

mssmn ......................................................... 0 10 0

For every power of attorney ............................................ 0 10 0

For every registration abstract ......................................... 1 0 Q

For cancelling registratiou abstract.. ...................................... 0 6 0

For every rcrocation order .............................................. 0 10 0

Noting caveat.. .................... .............................. 0 1 0 0

Cancelling or withdrawal of caveat, and service of notice to caveator or clvveatee. 0 6 0

Isrruing order for foreclosure ............................................ 1 0 0

For

For every search .. . .. .. . .. .. .. . .. .. , . . . . . . . . .. , . , . . . . . . . . .. .. . . . .. ,.

For every general aearch. . . . . . . . .. .. .. . .. .. ,. .. .. .. . . .. .. .. .. .. +. .. . .. .

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

For every instrument declaratory of trusts, and for every d or other inetrurnent

deposited. ,. . ........,...*............... . ....... .. .. .. .. .. .. .

For registering recovery, by proceeding in law or equity, or re-entry by lessee. .

For registering vesting of lease in mortgagee, consequent on refusal of assignees

to accept the same .. .. .. .. .. .. .. . .. .. . .. .. .. . . . .. .. . . .. .. .. .. .. .. .

For entering notice of marriage or death .. . .. .. . . ,. . . .. .. . . . .. .. . . . .. . . .. .

For entering notice of writ or ordcr of Supreme Court . . .. .. .. .. .. . .. .. . . . ..

Taking acknowledgment of married woman. .. ,. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Taking declaration in case of lost grant, or other instnment, or where production

of duplicate is dispensed with. . . . . . . , , . . . . . . . .. ., .. .. .. . .. .. . . . . .. .. .. .

Taking &davit or statutory der laration. .. .. ,. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Far the exhibition or return of any deposited instrument, or for exhibiting or

returr-ing dccds surrendered by npplicant ~roprietor . . . .. . .. .. .. .. .. .. .. .. ..

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

For every folio or part folio aftor 8rst fivc . .. .. . .. . ,. . . .. .. . . . .. .. . .. .. ., .

For every instrument drawn on prchment. ,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

When any instrument purports to deal with land included in more than one grant

or certificate, for each registration memorial after the first ,, .. .. .. . . . . . .. . ..

Scale of charges for Land Brokers.

For application to bring land under the Real Property Act, whcro the Iand remains in thc original grantee, although it may have been, or atill remains, subject to leare or mortgage-"

Where the value does not exce~d S400 . . .. . . . . .. . .. .. .. .. .. .. . . .. . 0 1 0 0

Where the value does not exceed S800 .. .. .. .. .. .. . . .. .. . . . .. .. .. +th @' ct.

Where the value exceeds f 846 .. . . .. .. .. .. .. . .. .. .. .. . ...... 1 0 0

For filling ~p and entering caveats, ext~lusive of any professional charges incident

to litigation pending .. .. .. . .. .. .. .. .. .. . .. . . . . . . .. . . . . . .. .. .. .. .. .. .

Mem0ra1:~dum of transfer, lease, mortgaga, or encumbrance-T

Where the value does not exceea g400 . . .. .. . . .. ,. , .. .. .. . .. .. . .. .

Where it exceeds $400. ,, . . . . . . . . . .. . . . . . . .. .. . .. . . . . .. . .. .. ., @h #3' ct.

Where it exceeds $800.. .. .. .. .. ., .. . .. .. .. .. .. .. . .. .. .. . .. .. .. , 1 0 0

Wbmever any implied covenant is modified. or any covenant not being of those

ior which abbreviated forms of words are bereinbefore prescribed, i s introduced

in any instrument, extra, . .. . . . .. .. .. . . .. .. .. . .. .. .. . .. .. .. .. .. .. .

Whenever any original section, or allotment, or parcel of land included in an

existing grant or other instrument, is broken in any dealing, extra .. . . . .. .. .

Tnnsfer of mort#age or lease, or surrender of lease... .. . . .. .. . .. .. . .. .. .. .. .

Power of Attorney without registration abstract .. .. . .. .. .. .. .. .. . . . .. .. .. ..

Power of Attorney with registration abstract . . . . . . . . .. .. . . . . .. .. .. . ... . . ..

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

diagram from Land Office, and attendance and dslivery at Registry Office. Where the title has not remained in the original grantee, an extra charge may be made proportioned to the trouble, such cases being more in the uature of conveyancing.

t I n the case of lease, and of annuity secured by encumbrancc, ten years' rent or ten years of

such annuity, to be assumed as the value, for the purpose of calcul&xqg the per centage.

- W

-- -- - -

Adekdo: Bp authority, W. C. Cox. ~overnmentplinter, North-temce.