Real Property Act (1862 No 19a) (NSW)

No. IX.

A n A ct for th e D eclaration o f T itles to Land and real pboperty .

to facilitate its Transfer, \ltli November, 1862.]

T 7|THEREAS it is expedient to provide for the declaration Preamble,

? V of titles to land and to facilitate the transfer of land

Be it therefore enacted by the Queen’s Most Excellent Majesty hy and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows ;—

Preliminary.

1. All laws statutes Acts ordinances rules regulations and prac- Repeal of previous

tice whatsoever relating to freehold and other interests in land so far as inconsistent with the provisions of this Act are hereby repealed so far as regards their application to land under the provisions of this Act or the bringing of land under the operation of this Act.

2 .   This Act may be cited for all purposes as the “ Beal Property short title.

Act.”

3 . In the construction and for the purposes of this Act and in intorpretation.

all instruments purporting to be made or executed thereunder (if not inconsistent with the context and subject matter) the following terms in inverted commas shall bear the respective meanings set against them :—

“ Land”—Land messuages tenements and hereditaments cor­ poreal and incorporeal of every kind and description or any estate or interest therein together with all paths passages ways watercourses liberties privileges easements

plantations

N o. 9. 26*̂ V IC . 1862.

Real Rropertij.

plantations gardens mines minerals and quarries and all trees and timber thereon or thereunder lying or being unless any such are specially excepted,

“ Grant ”—Any Crorni grant of land.

“ Proprietor”—Any person seised or possessed of any freehold

or other estate or interest in land at law or in equity in

possession in futurity or expectancy.

“ Transfer ”—The passing of any estate or interest in land under

this Act whether for valuable consideration or otherwise.

“ Transmission The acquirement of title to or interest in

land consequent on the death will intestacy bankruptcy

insolvency or marriage of a proprietor.

“ Alortgage ”—Any charge on land created merely for securing

a debt.

“ Mortgagor ”—The proprietor of land or of any estate or interest in land pledged as security for a debt.

“ Mortgagee ”—The proprietor of a mortgage.

“ Encumbrance ”—Any charge on land created for the purpose

of securing the payment of an annuity or sum of money

other than a debt.

“ Encumbrancer ”—The proprietor of any land or of any estate or interest in land charged with any annuity or sum of money other than a debt.

“ Encumbrancee ”—The proprietor of an encumbrance.

“ Lunatic”—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 tlie nature of a writ de luna- tico inquirendo.

“ Person of unsound mind ”—Any person not an infant who not having been found to be a lunatic shall be found upon like inquiry to be incapable from infirmity of mind to manage his own affairs.

“ Consular Officer”—Consul General Consul and Vice Consul and any person for the time discharging the duties of Consul General Consul or Vice Consul.

“ Instrument ”—Any grant certificate of title conveyance assurance deed map plan will probate or exemplification of will or any other document in writing relating to the transfer or other dealing with land or evidencing title thereto.

“ Sworn valuator”—Any person appointed by the Governor with the advice of the Executive Council to value land under this Act.

The describing any person as a proprietor transferror transferree mortgagor mortgagee encumbrancer encumbrancee lessor or lessee or as trustee or as seised 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 tlie contrary shall appear from the context whenever a form in any Schedule hereto is directed to be used such direction shall apply equally to any form to the like effect signed by the Registrar General or stamped with his seal or which for the same purpose may be authorized in conformity with the provisions of this Act and any variation from any such form not being in matter of substance shall not affect its validity or regularity but it may be used with such alterations as the character of the parties or the circumstances of the case may render necessarv.

Paet

1862. 26‘' VIC. No. 9.

Ileal Froperti/.

Pakt I.—Appointment Powers and Functions of Employh.

4. The department of the Eeo'istrar General shall be the depart- Kxisting officers to

nient authorized to carry into execution the ])rovisions of this Act [hiVAct!

and the llegistrar General and other officers and clerks of the said

department at tlie time of this Act coming into operation shall perform

all the duties of their respective otlices under this Act.

5. Tlie Governor Avith the ad\'ice of the ExecutAe Council may Appointment of aTipoint to the said department such Deputy llcgistrars General and X X X X t< O o n H r . J f ' v h c

, n T T l 1 o • J i t UlllXvla illiu XiclKa*

other oniccrs and clerJcs as may be necessary lor carrying out the provisions of this Act and may likewise appoint tivo or more persons being barristers or solicitors to ho “ Examiners of Titles ” hereinafter styled “ Examiners” to adi'ise and assist in carrying out the said provisions.

6. The Governor Avith the advice aforesaid may appoint three or Appointment of mori; persons of Avhom the Registrar General shall be one ear officio t!o'nmis&ionei». to h(! Commissioners for investigating and dealing Avith applications

for bringing land under the provisions of this Act and for other pur­ poses hereinafter appointed The style of such Commissioners shall he “The Land Titles Commissioners” hereinafter styled “ Commissioners”

The unofficial members shall he rcmiunerated hy fees specified in flit'

Schedule hereunto marked E and at all meetings two shall form a quorum.

7. The llcgistrar General, shall have and use a seal of ofiicc Registrar ii sc.ai cf

hearing the impression of the lloyal Arms of England and having inscribed in the margin tlu'reof the Avords “ llcgistrar General N cav South Wales” and every instrument hearing the imprint of such seal and purporting to he sigmal or issued hy the llcgistrar General or hy :my Deputy llcgistrar General shall he received in evidence and shall he deemed to he signed or issued hy or under the direction of the llcgistrar General Avithout further proof unless the contrary he shoAvn.

8. WheneA'er by any laAV for the time being in force in the Kunctimis of Deputy

Colony anything is appointed to he done by the llcgistrar General the same may he laAvfully done hy any Deputy llcgistrar General.

9. It shall not he laAvful for aiiy person Avhilst holding the E.xamincis and

office of Examiner of Titles or of Land Titles Commissioner under

this Act to engage in private ])racticc as a barrister or as an attorney

*

or solicitor or he in partnership AAuth or employed hy any attorney or

solicitor.

10. The oath folloAving shall he taken before one of the Judges Oatiis of office,

of the Supreme Court hy the persons at present holding the offices of llcgistrar General or Deputy llcgistrar General respectively and hy

every Registrar General and Deputy llcgistrar General hereafter appointed before entering upon tlu ̂ execution of his office under this Act—

I A. E. do solemnly swear that I Avill faithfully and to tlû

best of my ability execute and perform the office and

duties of Registrar General or Dc'puty Registrar General

for the Colony of Tscav South Wales So help me God.

11. The Registrar General may exercise the following poAÂ ers powers of iicgistiar.

that is to say—

(1.) l ie may require the proprietor or other person making To inspect docu-

iipplication 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 proAUsions of this Act	.
in respect of Avhich any transfer lease mortgage encum­ brance or other dealing or any release from any mortgage or cncum1)r:ince is about to be transacted or in respect of Avhich any transmission is about to be registered or regis­ tration abstract granted under this Act to produce ;my

grant

N o. 9. 26*̂ YIC. 1862.

Meal Property.

grant certificate of title conveyance deed mortgage lease will or other instrument in liis possession or within his control atfecting such land or the title thereto.

To summon and	(2.) He may summon any such proprietor mortgagee or other person as aforesaid to appear and give any explanation respecting such land or the instruments affecting the title thereto and if upon requisition in writing made by the Registrar General such proprietor mortgagee or other person refuses or neglects to produce any such instrument or to allow the same to ho inspected or refuses or neglects to give any explanation which he is hereinbefore required to give or knowingly misleads or deceives any person hereinbefore authorized to demand any such explanation he shall for each such offence incur a penalty not exceeding one hundred pounds and the Registrar General if the instrument or information so withheld appears to him material shall not be bound to proceed vfith the bringing of such land under the provisions of this Act or with the registration of such transfer or other dealing or with the issuing of such registration abstract as the case may be.
examine witnesses.
To administer oaths.	(3.) He may administer oaths or may take a statutory declara­ tion in lieu of administering an oath.
To correct errors.	(4.) He may upon such evidence as shall appear to him and the Lands Titles Commissioners suffieient 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 he 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 every entry so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry 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 caveats.	(5.) He may enter caveat on behalf of any person who shall bo under the disability of infancy coverture lunacy unsoundness of mind or absence from the Colony or on behalf of Her Majesty Her Heirs or Successors to prohibit the transfer or dealing with any land belonging or supposed to belong to any sueh persons as hereinbefore mentioned and also to prohibit the dealing with any land in any case in which it shall appear to him that an error has been made hy misdescription of such land or other­ wise in any certificate of title or other instrument or for the prevention of any fraud or improper dealing.

Part I I .— Procedure in hringmg Land under the provisions o f

this Act.

Land alienated in	12. All waste lands and aU lands set apart for public purposes
fee from the Crown

after this Act to he	remaining unalienated from the Crown on the day on which this Act
subject to its pro­	shall come into operation shall when alienated in fee he subject to the
visions.	provisions of this Act The grants of such land shall be in duplicate and every such grant in addition to proper words of description shall contain a diagram of the land thereby granted on such scale as the Governor with the advice aforesaid may from time to time direct and shall he delivered to the Registrar General who shall register the same in manner hereinafter directed.

1862. 26*̂ VIC. N o. 9.

Real Property.

13. Land alienated from the Crown in fee prior to the day on Lands granted prior

which this Act shall come into operation (whether such land shall brought under us*'

constitute the whole or only part of the land included in any grant) operation.

may he brought under the provisions of this Act in the following

manner that is to say The Registrar General shall receive applica- ’

tions in form A of the Schedule hereto if made by any of the following

persons ;—

By any person claiming to he the person in whom the fee simple

is vested in possession either at law or in equity Provided

that wherever trustees seised 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 he bene- ticially entitled for the first life estate or other greater estate than a life estate in the said land shall join in such application.

By any person claiming a life estate in possession or a leasehold for a life or lives or having a term of not less than twenty- five years then current Provided that except in the case of an application hy a lessee as regards the concurrence of his lessor 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 share

any person claiming to he entitled to an undivided share

of any land unless the person who shall appear to he under Act except

entitled to the other undivided share of the said la^id

shall join in such application with a view to bringing the

entirety under the provisions of this Act nor from the

mortgagor of any land unless the mortgagee shall join

in such application nor from the mortgagee of any land

except in the exercise of a power of sale contained in the

mortgage deed nor for any land subject to the lien of any

judgment or execution creditor unless such creditor shall

consent to such application nor from a married woman

unless her husband shall join in such application Provided

also that the father 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 unsound mind may

make such application in the name of such infant lunatic

or person of unsound mind.

14. Every such applicant shall when making his application Appiicpt to sur-

deposit with the Begistrar General all instruments in his possession tmt'andfo furn̂ sĥ or under his control constituting or in any way affecting his title and abstract if required, in the case of a leasehold a duplicate or certified copy of the lease and

of any other instrument under which the applicant claims title and shall furnish a schedule of such instruments and also if 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 pro­ prietors 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 such 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 llcgistrar General at the expense of such applicant to cause personal notice of his application to be served upon

any

N o. 9. 26 ̂ VIC. 1862.

Seal Property.

any person whose name and address shall for that purpose he therein

stated.

Application how to	15. Upon the receipt of such application the Registrar General shall eause the title of the applicant to he examined and reported upon hy the Examiners and shall thereafter refer the case to the Lands
he dealt with.
When applicant is	Titles Commissioners for their consideration and if it shall appear to
original grantee and	such Commissioners that the applicant proprietor is the original
no transactions
registered.	grantee from the Crown of the land in respect to which applicatioir is made and that no sale mortgage or other encumbrance or transaction affecting the title of such land has at any time been registered in the Colony and that such applicant has not required notice of his application to he served personally upon any person then in such case it shall he lawful for the Commissioners to direct the Registrar General to bring such land under the provisions of this Act forthwith hy issuing to the applicant proprietor or to such person as he or the person applying in his behalf may hy Avriting under his hand direct a certificate of title for the same as hereinafter described.
Wlien applicant is	16. If it shall appear to the satisfaction of the Commis­ held by the applicant for the estate or interest described in such aj)pli- f!ation 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 to such application and that the applicant has not required notice of his application to l)c served personally on any person then and in any such case the Commissioners shall direct the Registrar General to cause notice of such application to he advertised once in the Gazette and three times in at least one daily newspaper published in Sydney 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 Gazette upon or after the expiration of which the Registrar General shall unless he shall in the interval have received a caveat forbidding him so to do proceed to bring such land under the provisions of this Act.
not original grantee
or any transactions	sioners that the land in respect to whicli application has been made is
registered.
When evidence of	17. If it shall appear to the satisfaction of the Commis­ sioners that any parties interested in any unsatisfied mortgage or encumbrance affecting the title to such land or beneficially interested therein are not parties to such application or that the evidence of title set forth by the applicant is imperfect or that the appli­ cant has required notice of his application to be served personally upon any person then and in such case it shall be lawful for the Commissioners to reject such application altogether or at their discretion to direct the Registrar General to eause notice of such appli­ cation to be served in accordance ufith such requirement upon all per­ sons 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 daily newspaper published in Sydney and in such newspapers published elsewhere as to such Commissioners may seem fit and to be published in the Government Gazette and in the London Gazette and in the official Gazettes of each of the Colonies of Victoria South Australia Queensland Tasmania and New Zealand or in any one or more of such Gazettes and the Commissioners shall specify the number of times and at what intervals such advertise­ ments shall be published in each or any of such Gazettes and shall also limit and appoint a time not less than Gvo months nor more than two years from the date of the first of such advertisements in the Gazette upon or after the expiration of which it shall he lawful for the Registrar General to bring such land under the proAusions of this A(!t unless he shall in the interval have received a caveat forbid­ ding him to do so.
title is imperfect.

1862. 26'’ VIC. N o. 9.

Real Property.

18. The Registrar General shall under such direction as afore- Notice of application said or under any order of the Supreme Court cause notice to be pub-

pu''*‘shed.

lished in such manner as hy such direction or order may he prescribed that application has been 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 in 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 Commissioners shall have directed to be served with such notice and to the persons if any stated in the declaration by the applicant pro­ prietor to be in occupation of such land or to be occupiers or pro­ prietors of land contiguous thereto so far as his knowledge of the addresses of such persons may enable him and in case such applicant shall have required any such notice to be personally served upon any person named in his application then and in such case the Registrar General shall cause copy of such notice to be so served upon such person.

19. If within the time limited in such direction or under any Land brought under

order of the Supreme Court any notice forwarded by registered letter as aforesaid shall not be returned to him hy the Postmaster General and if within 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 Com­ missioners 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 applying in his behalf may by any writing under his hand direct a certificate of title for the same as hereinafter described.

20. The Registrar General whenever any letter containing any Onaretumofnot!ce.‘»

notice shall be returned to him by the Postmaster General shall refer who in either such case may reject the application altogether or direct the Registrar General to bring the land therein described under the provisions of this Act forthwith or after such further interval notification or advertisement as they may deem fit.

the case to the Commissioners for their trirther direction and General to apply to

whenever he shall be made aware that any notice required by any Commissiouera.

applicant to be served personally has failed to be or cannot be so served

he shall notify the same to such applicant who if he think fit may by

writing under his hand withdraw sudi requirement and the Registrar

21. Any person having or claiming an interest in any land Parties interested

so advertised as aforesaid or the attorney of any such person niay

within the time by any direction of the Commissioners for that

purpose limited lodge a caveat with the Registrar General in form B

of the Schedule hereto forbidding the bringing of such land under the	.
provisions of this Act and every such caveat shall particularize the estate interest lien or charge claimed by the person lodging the same and the person lodging such caveat shall if required deliver a full and complete abstract of his title.

2 2 . The Registrar General upon receipt of any such caveat i f caveat be received

within the time limited as aforesaid shall notify the same to such	steyed̂
applicant proprietor and shall suspend further action in the matter and the lands in respect of which such caveat may have been lodged shall not be brought under the provisions of this Act until such caveat shall have been withdrawn or shall have lapsed from any of the causes hereinafter provided or until a decision shall have been obtained from the Court having jurisdiction in the matter.

c 23.

N o. 9. 26'’ VIC. 1862.

Real Rroperty.

T̂Oceedin̂ ŝ taken*̂** expiration of three months from the receipt

within three months, thereof evcrj such cavcat shall be deemed to have lapsed unless

the person by whom or on whose behalf the same was lodged shall within that time have taken proceedings in any Court of compe­ tent jurisdiction to establish his title to the estate interest lien or charge therein specified and shall have given written notice thereof 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 of this Act.

may'Trithdraw his”"̂ applicant proprietor may ivithdraw his application at

application.	any time prior to the issuing of the certificate of title and the Regis­ trar General shall in such case 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 iastruments of title deposited by such proprietor for the purpose of supporting his application.
Instruments of title	25. Upon issuing a certificate of title bringing land under the ' provisions of this Act the Registrar General shall stamp as cancelled every instrument of title deposited by the proprietor when making his application and in the case of a leasehold shall indorse upon
how to be dealt w ith..
•	the lease so deposited a memorandum stating that such lease has been brought under the provisions of this Act and shall certify such memorandum under his liand and seal and shall return such lease to the applicant annexing thereto the certificate of title as aforesaid and shall file in his office the duplicate or certificate copy of such lease hereinbefore directed to be furnished by such applicant Provided that if any such instrument shall relate to or include any property whether personal or real other than the land included in such certificate of title then the Registrar General shall indorse 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 pro­ prietor otherwise he shall retain the same in his office and no person shall be entitled 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 him or upon the order of a Judge
of the Supreme Court. •

How certificate of 26. lu case an applicant proprietor or the person to whom an of prcTfôusVêath of applicant proprietor may have directed certificate of title to be issued

applicant. shall die in the interval between the date of his application and the

date appointed for the certificate of title to issue in accordance 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 may have directed it to be issued as the case may require and such land shall devolve in like manner as if the certificate of ritle had been issued prior to the death of such applicant proprietor or person so named by him.

poL'a'tô he levied ^he first bringing of land under the provisions of this

for assurance of title. Act whether by the alienation thereof in fee from the Crown or conse­

quent upon the application of the proprietor as hereinbefore 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 shall be paid to the Registrar General the sum specified in the Schedule hereto marked P and in the case of land brought under the

r : : ■ provisions of this Act 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 ascertained by the oath or solemn atfirmation of the applicant proprietor or person deriving such land by transmission Provided always that if the Registrar General shall not be satisfied as

to

1862. 26“ YIC. N o. 9.

Meal Property.

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

28. All sums of money so received shall be paid to the Colonial Moneys levied to

Treasurer who shall Irom time to time invest such sums together with all interest and profits which may have accrued thereon in New South Wales Government securities to constitute an Assurance Nund for the purposes hereinafter provided.

29. The bringing of land under the provisions of this Act shall Reversion expectant not he held to extinguish the reversion expectant on any lease and the lease not to be

person named in any certificate of title as entitled to the land therein '	°	'
described shall be held in every Court of Law and Equity to be seised of the reversion expectant upon any lease that may be noted by memorial thereon and to have all powers rights and remedies 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.

Part I I I .—Megister Book—Mode of Registering and effect of

Registration.

3 0 . The Eegistrar General shall keep a book to be called the Registrar General to

“ Register Book” and shall bind up therein the duplicates of a	l l	®̂s‘sterBook,
grants and of all certificates of title and each grant and certificate
of title shall constitute a separate folium of such book and the
Registrar General shall record thereon the particulars of all instru­

ments 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.

31. Every certificate of title shall be in duplicate in the form Certificate of title to

C of the Schedule hereto and shall set forth the nature of the estate tLnV̂ up'’ i?T*°

of freehold in respect to which it is issued and the Registrar register.

General shall note thereon in such manner as to preserve their priority the particulars of all unsatisfied mortgages or other encum­ brances and of any dower lease or rent charge to which the land may be subject and if such certificate of title he issued to a minor if issued to person

or to a person otherwise under disabilities he shall state the a^e of

, sucJi minor or the nature oi the disabiiity so lar as known to him be stated, and shall cause one original of each certificate of title to be bound up in the Register Book and deliver the other to the proprietor entitled to the land described therein. I o ̂ such disability to

32. Before bringing under the provisions of this Act an estate Registration where

in fee simple or in fee tail in aiiy land in respect to which a certificate hoid̂ ssued”̂ the certificate of title of such leasehold and shall carry forward upon the certificate of title issued in respect to such estate in fee memorials of such leasehold estate or interest and of all mortgages or other interests affecting the same then registered and still current and the memorials of all future dealings with such leasehold estate or interest hereinafter directed to be registered shall be entered upon the folium of the Register Book constituted by the certificate of title representing the fee.

of title has been issued for any leasehold estate or interest the Registrar

33. Every certificate of title duly authenticated under the Certmeato to to con-

hand and seal of the Registrar General shall be received in all Courts tit'jeanrthat''°° ̂

of Law and Equity as evidence of the particulars therein set forth and

of their being entered in the Register Book and shall be conclusive the

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

N o. 9. 26 ̂ VIC. 1862.

Real Property.

therein described is seised or possessed of or entitled to such land for the estate or interest therein specified and that the property comprised in such certificate of title has been duly brought under the provisions of this Act and no certificate of title shall he impeached or defeasible on the ground of want of notice or of insufficient notice of the application to bring the land therein described under the provisions of this Act or on account of any error omission or informality in such application or in the proceedings pursuant thereto by the Commission­ ers or by the Registrar General.

Grants and certifi­ 34. Every land grant and certificate of title shall he deemed

cates of title regis­

tered when em­	and taken to he registered under the provisions and for the purposes
bodied in Register	of this Act so soon as the same shall have been marked by the
Book.	Registrar General with the folium and volume as embodied in the
Instruments regis­
tered when me­	Register Book and every memorandum of transfer or other instrument
morial entered in	purporting to transfer or in any way to affect land under the provi­
Register Book.	sions of this Act shall be deemed to be so registered so soon as a memorial thereof as hereinafter described shall have been entered in the Register Book upon the folium constituted by the existing grant or
tered proprietor̂	Certificate of title of such land and the person named in any grant

’ certificate of title or other instrument so registered as seised of or taking any estate or interest shall be deemed to be the registered proprietor thereof.

Instruments to be in	3 5 , Except as in hereinafter otherwise provided every grant or other instrument presented for registration shall be in duplicate and shall unless a Crown grant be attested by a witness and shall be
duplicate.

Instruments entitled registered in the order of time in ivhich the same is produced for that

î nĝ t™drteofregis- puiposc and instruments registered in respect to or affecting the same

tration. cstatc or interest shall notwithstanding any express implied or con­ structive notice be entitled in priority the one over the other according to the date of registration and not according to the date of each instru­ ment itself and the Registrar General upon registration thereof shall

And when registeicd file onc Original in his office and shall deliver the other to the person bodied in Register entitled thereto and so soon as registered every instrument drawn in

“ Book and to have ' any of the several forms provided in the Schedule hereto or in any

the cfiect of a deed.

form which for the same purpose may be authorized in conformity with the provisions of this Act shall for the purposes of this Act be deemed and taken to be embodied in the Register Book as part and parcel thereof and such instrument when so constructively embodied and stamped with the seal of the Registrar General shall have the effect of a deed duly executed by the parties signing the same.

General covenants	36. In every instrument creating or transferring any estate or interest in land under the provisions of this Act there shall be implied the following covenant by the party creating or transferring such estate or interest that is to say That he will do such acts and execute such instruments as in accordance with the provisions of this Act may be necessary to give effect to all covenants conditions and purposes expressly set fortli in such instrument or by this Act declared to be implied against such party in instruments of a like nature.
instruments.
Memorial defined.	37. Every memorial entered in the Register Book shall state the nature of the instrument to which it relates the day and hour of the production of such instrument for registration the names of the parties thereto and shall refer by number or symbol to such instru­ ment and shall be signed by the Registrar General.
Memorial to be re­	38. Whenever a memorial of any instrument has been entered transfer or other dealing indorsed upon ally grant certificate or other instrument as hereinafter provided record the like memorial on the duplicate grant certificate or other instrument evidencing title to the estate or interest intended to be dealt with or in any
corded on duplicate
grant or other	in the Register Book the Registrar General shall except in the case of
instrument.

to be implied in

way

1862. 26 ̂ VIC. N o. 9.

Heal Property.

way affected unless the llegistrai* General shall as hereinafter provided dispense with the production of the same and the Registrar General shall indorse on every instrument so registered a certificate of the date and hour on which the said memorial was entered in the Register Book and shall authenticate each such certificate by signing his name and affixing his seal thereto and such certificate Certificate of icgin-

shall he received in all Courts of Law and Equity as conclusive evfdence*̂”

evidence that such instrument has been duly registered.

39.                Ino instrument until registered in manner hereinbefore instruments not

prescribed shall be effectual to pass any estate or interest in any land

Register Book!’̂ ̂

under the provisions of this Act or to render such land liable as security for the payment of money hut upon the registration of any instrument in manner hereinbefore prescribed the estate or interest specified ih 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 tliis Act declared to be implied in instruments of a like nature and should two or more instruments executed by the same proprietor and purporting to transfer or encumber the same estate or interest in any land be at the same time presented to the Registrar General for registration and indorsement he shall register and indorse that instru­ ment under which the person claims property who shall present to him the grant or certificate of title of such land for that purpose.

4(). Notwithstanding the existence in any other person of any Estate of registeicd estate or interest whether derived by £?rant from the Crown or other- r>oprietor para-

wise udiitdi but for this Act might be held to be paramount or to have

'

priority the registered proprietor of land or of any estate or interest in land under the provisions of this Act shall except in case of fraud hold the same subject to such encumbrances liens estates or interests as may be notififA 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 except the estate or interest of a proprietor claiming the same land under a prior certificate of title or under a prior grant registered under the provisions of this Act and except as regards the omission or misdescription of any right of way or other easement created in or existing upon any land and except so far as regards any portion of land that may by Avrong description of parcels or of boundaries bo included in the grant ccrtifi(*at(f of title lease or other instrument evidencing the title of such I’cgistercd proprietor not being a purchaser or mortgagee thereof for value or deriving from or through a purchaser or mortgagee thereof for value.

4 1 . The Registrar General shall not register any instrument instruments not to

purporting to transfer or otherwise to deal Avith or affect any estate or |’®accordance”ŵ̂ ^̂

interest in land under the provisions of this Act except in the manner prescribed forms,

herein provided nor unless such instrument be in accordance with the

proAusions hei’eof.

P a r t TV.— Pealinys.

42. When land under the provisions of this Act or any estate Transfer,

or interest in such land is intended to he transferred or any right of

way or other casement is intended to he created or transferred the registered proprietor may execute a memorandum of transfer in form D or E of the Schedule hereto Avhich memorandum shall for description of the land intended to be dealt with refer to the grant or certificate of title of such land or shall give such description as may be suflELcient to identify the same and shall contain an accurate statement of the estate interest or casement intended to be transferred or created and a memorandum of all leases mortgages and other encumbrances to Avhich the same may be subject and such memorandum of transfer if it

purports

N o. 9. 26'̂ VIC. 1862.

Real Property.

purports to deal with an estate in respect to which a certificate of title is by this Act authorized to be issued or if it be indorsed on the instru­ ment evidencing the title of the transferror need not be in duplicate.

Easements and in­

corporeal rights to 4 3 . Whenever any easement or any incorporeal right other

be registered.

than an annuity or rent charge in or over any land under the provi­ sions of this Act is created for the purpose of being annexed to or used and enjoyed together with other land under the provisions of this Act the Registrar General shall enter a memorial of the instrument creating such easement or incorporeal right upon the folium of the Register Book constituted by the existing grant or certificate of title of such other land.

If estate of freehold

be transferred certi­ 4 4 . I f the memorandum of transfer purports to transfer an

ficate of title to be	estate of freehold in possession in the whole or in part qf the land
delivered up and
cancelled so far as	mentioned in any grant or certificate of title the transferror shall
regards the land	deliver up the grant or certificate of title of the said land and the
transferred.	Registrar General shall after registering the transfer enter on such grant 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
Fresh certificate to	or certificate of title and setting forth the particulars of the transfer.

be issued to pur­ 4 5 . The Registrar General upon cancelling any grant or certi­

chaser. ficate of title either wholly or partially pursuant to any such transfer

• shall make out to the transferree a certificate of title to the land men­ tioned in such memorandum of transfer and every such certificate of title shall refer to the original grant of such land and to the memo­ randum or other instrument of transfer and the Registrar General shall retain every such memorandum of transfer and cancelled or partially

untranrfciTe/°por̂ Cancelled grant or certificate of title and whenever required thereto

tion to be issued to by the proprietor of an unsold portion or balance of land included in

gUtSuansferrt ̂	sucli partially cancelled grant or certificate of title or by a registered transferree of such portion or of any part thereof shall make out to such proprietor or transferree a certificate of title for such portion or for any part thereof of which he is the proprietor or transferree.
Transferree of land

subject to mortgage 4 6 . In every instrument transferring an estate or interest in

or encumbrance to	land under the provisions of this Act subject to mortgage or incum­
indemnify trans­
ferror.	brance there shall be implied the following covenant by the transferree that is to say that such transferree will pay the interest or annuity or rent charge secured by such mortgage or encumbrance after the rate and at the times specified in the instrument creating the same and will indemnify and keep harmless the transferror from and against the principal sum secured by such instrument and from and against aU liability in respect of any of the covenants therein contained or by this Act implied on the part of the transferror.

Transfer of mortgage 47 . Upon the registration of any transfer the estate or interest

o n ri /^T Tin n A _ -L €/

3>nCl O I c l lC u l I lu r d i l lO v ^ P j 1 i n i I* 1 j * i i n • -1 I

and of lease. ot the translei’ror as set forth in such instrument with all rights powers and privileges thereto belonging or appertaining shall pass to the transferree and such transferree shall thereupon become subject to and liable for all and every the same requirements and liabilities to wliich he would have been subject and liable if named in such instrument originally as mortgagee encumbraneee or lessee of such land estate or interest.

Transfer of mortgage 4 8 . By virtue of evei’y such transfer the right to sue upon

righrto*s™r̂ '̂ ’̂ ̂ memorandum of mortgage or other instrument and to recover any debt sum of money annuity or damages thereunder (notwith­ standing 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 shall be transferred so as to vest the same at law as well as in equity in the transferree thereof Provided always that nothing

herein

1862. 26° VIO. N o. 9.

Meal Mroperty.

herein contained shall prevent a Court of Equity from giving effect to Saving to Courts of

any trusts affecting the said debt sum of money annuity or damages in

case the transferree shall hold the same as a trustee for any other person.

49. When any land under the provisions of this Act is intended Lands under the X T V r o v i Q i n n a n r t l i i Q

I T T T T* f * j O E* ' l>HUUo U i HH I9

to be leased or demised lor a life or lives or tor any term of years Act-how leased,

exceeding three years the 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 ivitli refer to the grant

or certificate of title of the land or shall give such other description

as may he necessary to identify such land and a right for or covenant

hy the lessee to purchase the land therein described may he stipulated

in such instrument and in case the lessee shall pay the purchase

money stipulated and otherwise observe his covenants expressed and

implied in such instrument the lessor shall he hound to execute a

memorandum of transfer to such 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 Provided always that no lease of mortgaged or encumbered land shall be valid and binding against the mortgagee or encumbrancee unless such mortgagee or encumbrancee shall have consented to such lease prior to the same being registered.

50. Whenever any lease or demise which is required to be Lease may be sur-

registered by the provisions of this Act is intended to be surrendered randum recording the date of such surrender and shall likewise indorse upon the lease a memorandum recording the fact of such entry having been made in the Register Book and upon such entry having been 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 lease or counterpart bearing such indorsement and memorandum shall be sufficient evidence that such lease had been so surrendered Provided that no lease subject to mortgage or encumbrance shall be so sur­ rendered without the consent of the mortgagee or encumbrancee.

and the surrender thereof is effected otherwise than through the opera- conemronoe of lessor,

tion of a surrender in law or than under the provisions of any law at

the time being in force in the Colony relating to insolvent estates

there shall be indorsed upon such lease or on the counterpart thereof

the word “ Surrendered” with the date of such surrender and such

indorsement shall be signed by the lessee and by the lessor as evidence

of the acceptance thereof and shall be attested by a witness and the

51. In every memorandum of lease there shall bo implied the Covenants to be following covenants against the lessee that is to say— agaî at thricssem̂

(1.) That he will pay the rent thereby reserved at the times therein mentioned and all rates and taxes which may be payable in respect of the demised property during the continuance of the lease.	’
(2.) That he Avill at all times during the continuance of the said lease keep and at the determination thereof yield up the demised property in good and tenantable repair accidents and damage from fire storm and tempest and reasonable wear and tear excepted.

52. In every memorandum of lease there shall also be implied Powers to be implied

the following powers in the lessor that is to say—

(1.) That he may by himself or his agents twice in every year during the term at a reasonable time of the day upon giving to the lessee two days previous notice enter upon the demised property and view the state of repair thereof

and

N o. 9. 26" VIC. 1862.

Real Property.

and may serve upon the lessee or leave at his last or usual place of abode in this Colony or upon the demised property a notice in writing of any defect requiring him within a reasonable time to he therein prescribed to repair the same.

(2.) That in case the rent or any part thereof shall be in arrcar 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 repairs required by such notice as aforesaid shall not have been completed within the time therein specified it shall be lawful for such lessor to re-enter upon and take possession of such demised premises.

Registrar General to 53. In any such case the Uegistrar General upon proof to his

note particulars of satisfaction of lawful re-entry and recovery of possession hy a lessor

B o o k * . '^ s h a l l note the same hy entry in the Register Book and the estate of the lessee in such land shall thereupon determine but without releasing him from his liability in respect of the breach of any covenant in such lease expressed or implied and the Registrar General shall cancel such lease if delivered up to him for that purpose.

Lands under this 54. Whenever any land or estate or interest in land under the m'̂ L'cnraherfd̂*®*** provisions of this Act is intended to be charged or made security in

favor of any mortgagee the mortgagor shall execute a memorandum of mortgage in form G of the Schedule hereto and whenever any such land estate or interest is intended to be charged with or made security for the payment of an annuity rent charge or sum c f money in favor of any encumbrancee the encumbrancer shall execute a memorandum of encumbrance in form H of the Schedule hereto and every such instrument shall contain an accurate statement of the estate or interest intended to be mortgaged or encumbered and shall for description of the land intended to be dealt with refer to the grant or certificate of title of the land in which such estate or interest is held or shall give such other description as may be necessary to identify such land together with a statement of all mortgages and other encumbrances affecting the same if any.

Jiortgage or encum- 55. Mortgage and encumbrance under this Act shall have effect

â tranrfer.*° as sccurity hut shall not operate as a transfer of the land thereby

Procedure in case of charged and in case default be made in the payment of the principal

■ sum interest annuity or rent charge or any part thereof thereby secured or in the observance of any covenant expressed in any memorandum of mortgage or of encumbrance registered under this Act or that is hereinafter declared to he implied in such instrument and such default he continued for the space of one calendar month or for such other period of time as may therein for that purpose be expressly limited the mortgagee or incumbrancee may give to the mortgagor or encumbrancer notice in writing to pay the money then due or owing on such memorandimi of mortgage or of encumbrance or to observe the covenants therein expressed or implied as the case may be and that sale Avill he effected unless such default be remedied or may leave such notice on the mortgaged or encumbered land or at the usual or last known place of abode in the Colony of the mort­ gagor or encumbrancer or other person claiming to he then entitled to the said land or with his known agent.

Power to sell. 56. After such defaplt in payment or in observance of covenants

continuing for the further space of one calendar month from the service of such notice or for such other period as may in such instrument he for that purpose limited such mortgagee or encumbrancee is hereby authorized and empowered to sell the land so mortgaged or encum­ bered or any part thereof and all the estate and interest therein of

the

1862. 26° VIC. N o. 9.

Heal Froperty.

the mortgagor or encumbrancer and cither altogether or in lots by public auction or by private contract or l)oth such modes of sale and subject to such conditions as he may think fit and to buy in and resell the same without being liable for any loss occasioned thereby and to make and execute all such instruments as shall be necessary for effecting the sale thereof all which sales contracts matters and things hereby authorized shall be 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 encumbrancee shall be a sufficient discharge to the purchaser of such land estate or interest or of any portion thereof for so much of his purchase money as may be thereby expressed to be received and no such purchaser shall be answerable 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 concerned to inquire as to the fact of any default or notice having been made or given as aforesaid and the purchase money to arise from the sale of any sueh land estate or interest shall be applied Appropriation of

first in payment of the expenses occasioned by such sale secondly in payment of the moneys which may then be due or owing to the mortgagee or encumbrancee thirdly in payment of subsequent mortgages or encumbrances 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.

5 7 . Upon proof to his satisfaction by statutory declaration Registrar General to

that such default has been made and continues as aforesaid the

Registrar General shall register any memorandum or instrument of brancee.

transfer executed by a mortgagee or encumbrancee for the purpose of

such sale as aforesaid and upon such registration the estate or interest

of the mortgagor or encumbrancer as therein described to be conveyed

shall pass to and vest in the purchaser freed and discharged from all

liability on account of such mortgage or encumbrance or of any

mortgage or encumbrance registered subsequent thereto and if sucb

memorandum of transfer purports to pass an estate of freehold in

possession riot being a life leasehold the purchaser shall be entitled to

receive a certificate of title for the same.

58. The mortgagee or encumbrancee upon default in payment in case of default

of the principal sum or any part thereof or of any interest annuity f̂st̂ ss ejectmln"

or rent charge secured by any mortgage or encumbrance may enter or foreclosure,

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 for

the rent then due or may bring an action of ejectment to recover the

said land either before or after entering into the receipt of the rents

and profits thereof or making any distress as aforesaid and either

before or after any sale of sueh land shall be effected under the power

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

encumbrance in the same manner in which he might have made

such entry or distress or brought such action if tlie principal sum

or annuity were secured to him by a conveyance of the legal estate

in the land so mortgaged or encumbered and any such registered mort­

gagee shall be entitled to foreclose the right of the mortgagor to redeem

the said mortgaged or encumbered lands in manner hereinafter provided.

59. his demanding to enter into receipt of the rents and profits of the Whenever a mortgagee or encumbrancee shall give notice of Notice by mortgagee

P“y

mortgaged or encumbered land to the tenant or occupier or other mortgagor’s right as person liable to pay or account for the rents and profits thereof all the Mortgagees receipts powers and remedies of the mortgagor or encumbrancer in regard to to be absolute

receipt and recovery of and giving discharges for such rents and profits

shall be suspended and transferred to the said mortgagee or encum­

brancee until such notice be withdrawn or the mortgage or encum-

D brance

N o. 9. 26^ VIC. 1862.

Real Rroj)erty.

brance shall be satisfied and a discharge thereof duly registered and in every such case the receipt in Avriting of the mortgagee or encum­ brancee shall he a sufficient discharge for any rents and profits therein expressed to he received and no person paying the same shall be hound to inquire concerning any default or other circumstance affecting the right of the person giving such notice beyond the fact of his being duly registered as mortgagee or encumbrancee of the land Provided that nothing herein contained shall interfere with the effect of any rule order or judgment of the Supreme Court in regard to the payment of rent under the special circumstances of any case nor shall prejudice any remedy of the mortgagor or encumbrancer against the mortgagee or encumbrancee for wrongful entry or for an account.

Mortgagee of lease­	60. Any mortgagee or encumbrancee of leasehold land under purchaser or otherwise from or under such mortgagee or encumbrancee after entering into possession of the said land or the rents and profits thereof shall during such possession and to the extent of any rents and profits which may be received by him become and be subject and liable to the lessor of 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 the lessee or tenant was subject to and liable for prior to such mortgagee encumbrancee or other person entering into pos­ session of the said land or the rents and profits thereof.
possession liable to	the provisions of this Act or any person claiming the said land as a
lessor.

hold entering into

Discharge of mort­ 61. Upon the production of any memorandum of mortgage

gages and encum­ or of encumbrance bavins? thereon an indorsement signed by the

Dr£lIlC6S. o O « /

’ mortgagee or encumbrancee and attested by a witness discharging the land estate or interest from the whole or part of the principal sum or annuity secured or discharging any part of the land com­ prised in such instrument from the whole of such principal 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 indorsement as aforesaid shall cease to be subject to or liable for such principal sum or annuity or as the case may be for the part thereof noted in such entry as discharged.

Entry of satisfaction 6 2 . Upon proof of the death of the annuitant or of the

of annuity.

occurrence of the event or circumstance upon Avhich in accordance with the provisions of any memorandum of encumbrance the annuity or sum of money thereby secured shall cease to be payable and upon proof that all arrears of the said annuity and interest or money have been paid satisfied or discharged the Registrar General shall make an entry in the Register Book noting that such annuity or sum of money is satisfied and discharged and shall cancel such instrument and upon such entry being made tbe land estate 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 indorse on the grant certificate of title or other instrument evidencing the title of the mortgagor or encumbrancer 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 that purpose.

may be paid to

Mortgage money 63. In case the registered mortgagee shall be absent from the

Colonial Treasurer Colony and there be no person authorized to give a receipt to the

if mortgagee be ab - - mortgagor for the mortgage money at or after the date appointed for

ana moTgage	the redemption of any mortgage it shall be lawful for the Colonial
charged.	Treasurer to receive such mortgage money with all arrears of

interest

1862. 26 ̂ VIC. No. 9.

Real Rroperty.

interest then due thereon in trust for the mortgagee or other person entitled tliercto and thereupon the interest upon such mortgage shall cease to run or accrue and the llc'gistrar General sliall upon the receipt of the said Treasurer for the amount of the said mortgage money and interest make an entry in the E-egister Book discharging such mortgage stating the day and hour on -which such entry is made and such entry shall he a valid discharge for such mortgage and shall have the same force and effect as is herei]il)eforc given to a like entry when made upon production of the memorandum of mortgage with the receipt of the mortgagee and the Eegistrar General shall indorse on the grant certificate of title or other instrument as aforesaid and also on the memorandum of mortgage whenever those instruments shall he brought to him for that purpose the several particulars hereinbefore directed to he indorsed upon each of such instruments respectively.

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

against the mortgagor a covenant that he will repair and keep in ™einorandum of

repair all Ituildings or other improvements erected and made upon mortgage,

the land and that the mortgagee may at all convenient times until

such mortgage he redeemed he at lil)erty with or without surveyors or

others to enter into and upon such land to view and inspect the state

of repair of such buildings or improvements.

65.               Such of the covenants hereinafter set forth as shall be Abbreviated forms of

expressed in any memorandum of lease or mortgage as to be implied shall if expressed in the form of words hereinafter appointed and prescribed for the case of each such covenant respectively be so implied as fully and effectually as if such covenants were set forth fully and in words at length in such instrument that is to say the words “ will insure” shall imply as follows—that the lessee or mortgagor will insure and^io long as the principal money and interest secured by mortgage shall remain unpaid or the term expressed in the said mortgage or lease shall not have expired will keep insured in th e in sm e .

name of such mortgagee or lessor in some public insurance office to he approved hy such mortgagee or lessor against loss or damage hy fire to the full amounts specified in such instrument or if no amount he 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 lessee will at the request of tin; mortgagee or lessor hand over to and deposit with him the policy of every such insurance and produce to him the receipt or receipts for the annual or other premiums payable on account thereof and also that all moneys to he received under or hy virtue of any such insurance shall in the event of loss or damage hy fire he laid out and expended in making good such loss or damage provided also that if default shall be made in the observance or performance of the covenant last above mentioned it shall l)e lawful for the mortgagee or lessor without prejudice nevertheless to and concurrently with the powers granted him hy 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 mortgage he redeemed or such lease shall have expiixA he a charge upon the said land recoverable in like manner as rent or interest in arrear The words “ paint outside every alternate year ” shall imply as Taint outside,

follows viz.—and also will in every alterntite 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-colours in a workmanlike manner The words “ paint Paint and paper '

and paper inside every third year ” shall imply as follows viz.—and’"®“̂®-

will in every third year during the currency of such lease paint the

inside wood iron and other works now or usually painted with two

coats

2 N o. 9. 26° VIC. 1862.

Beal Froperty.

coats of proper oil-colours in a workmanlike manner and also re-paper with paper of a quality as at present such parts of the said premises as are now papered and also Avash stop whiten or colour such parts of the said premises as are now Avhitened or coloured respectively The

Fence.	words “ Avill fence ” shall imply as follows viz.— and also will during the continuance of the said lease erect and put up on the boundaries of the land therein mentioned or upon sueh boundaries upon which no substantial fence now exists a good and substantial fence The
Cultivate.	word “ cultivate ” shall imply as follows viz.—and will at all times during the said lease culti\’ate use and manage all such parts of the land therein mentioned as are or shall be broken up or converted into tillage in a proper and husbandmanlike manner and will not impoverish or waste the same The words “ that the lessee will not use the said
Not use as a shop.	premises as a shop ” shall imply as follows a I z .— and also that the said lessee will not conA'̂ ert use or occupy the said hereditaments and premises mentioned in such lease or any part thereof into or as a shop warehouse or other place for carrying on any trade or business Avhat- soever or permit or suffer the said hereditaments and premises or any part thereof to be used for any such purpose or otherwise than as a private dwelling-house without the consent in writing of the said lessor
Offensive trades.	The words “ will not carry on offensive trades ” shall imply as folloAvs—■
and also that no noxious noisome or offensive art trade business occu­ pation or calling shall at any time during the said term be used exercised carried on permitted or suffered in or upon the said hereditaments and premises above mentioned and that no act matter or thing whatsoever shall at any time during the said term be done in or upon the said hereditaments and premises or any part thereof which shall or may be or groAv to the annoyance nuisance grievance damage or disturbance of the occupiers or owners of the adjoining
Assign or sublet.	lands and hereditaments The words “ Avill not without leave assign or sublet ” shall imply as follows viz.—and also that the said lessee shall not nor will during the term of such lease assign transfer 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 be assigned transferred demised sublet or set over unto any person Avhomsoever without the consent in writing of the said lessor first had
Cut timber.	and obtained The Avords “ will not cut timber” shall imply as follows—and also that the said lessee shall not nor will cut down fell injure or destroy any growing or living timber or timber-like trees standing and being upon the said hereditaments and premises above mentioned without the consent in writing of the said lessor The

in orderly manner. Business of publican words “ will Carry on the business of a publican and conduct the same

in an orderly manner ” shall imply as follows viz.—and also that the said lessee Avill at all times during the currency of such lease use exercise and carry on in and upon the premises therein mentioned the trade or business of a licensed victualler or publican and retailer of spirits wines ale 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 and entertainment of travellers guests and other persons resorting thereto or frequenting the same and manage and conduct such trade or business in a quiet and orderly manner and will not do commit or permit or suffer to be done or committed any act matter or thing whatsoeA'er Avhereby or by means whereof any license shall or may be forfeited or become void or liable to be taken away suppressed or

Apply for renewal	suspended in any manner howsoever The words “ Avill apply for
of license.	renewal of license ” shall imply as folloAvs viz.—and also shall and win from time to time dming the continuance of the said term at the proper times for that purpose apply for and endeavour to obtain at his

own

1862. 26 VIC. No. 9. 29

Ileal Property.

own expense all such licenses as are or may he necessary for carrying on the said trade or business of a licensed victualler or publican in

and upon the said hereditaments and premises and keeping the said messuage tenement or inn open as and for an inn or public-house as

aforesaid The words “ will facilitate the transfer of license ” shall Facilitate the

imply as folloAvs viz.—and also shall and Avill at the expiration or

license.

other sooner determination of the said lease sign and give such notice

or notices and allow such notice or notices of a reneAval or transfer of

any license as may he required hy laAv to be affixed to the said messuage tenement or inn to 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 all such further acts matters

and things as shall be ncscessary to enable the said lessor or any other

person authorized by him to obtain the rencAval of any license or any

ncAV license or the transfer of any license tlicn existing and in force.

66. The llcgistrar General shall not make any entry in the no notice of trusts to

llcgister Book of any notice of trusts whether expressed implied or Reglstê Book

constructive hut trusts may Ije declared hv anv instrument or deed

Avhich instrument or deed may include as aa'cII lands under the pro­ visions of this Act as land which is not under the provisions thereof Provided that the description of tin; several parcels of land contained in such instruintmt or deed shall sufficiently distinguish the land Avhich is under the provisions of this Act from the land which is not under the provisions thereof and a dupli(!ate or an attested copy of such instrumentdeciaring

instrument may be deposited Avith the llegistrar General for safe s™ed but not’ro'̂ Jis-

custody and reference hut shall not he registered. teied. °

67. Upon the transfer of any land estate or interest under the How survivoisiiip

provisions of this Act to tAvo or more persons as joint proprietors to he btbafred exccpt'mf

held by them as trustees it shall he laAvful for the transferror to insert Judge's order.

in the memorandum of transfer or other instrument the Avords “ no survivorship” and the llegistrar General shall in such case include such words in the memorial of such instrument to he entered by him in the llegister Book as hereinbefore directed and shall also enter the said words upon any certificate of title issued to such joint proprietors pursuant to such memorandum of transfer And any two or more pei’sons registered as joint proprietors of any land estate or interest under the provisions of this Act held by them as trustees may by Avriting under their hand authorize the llegistrar General to enter the words “ no survivorship ” upon the grant certificate of title or other instrument evidencing their title to such estate or interest and also upon the duplieate of such instrument in the llegister Book or filed in his office and after such entry has been made and signed by the llegistrar General in either such case as aforesaid it shall not be lawful for any less number of joint proprietors than the number then regis­ tered to transfer or othenvisc deal with the said land estate or interest Avithout obtaining the sanction of the Supreme Court or a Judge thereof.

68. Before making any such order as aforesaid the Court Noi'ce to bo pub-

T 1 1 n *1? i* r» • J J* hshed before order.

or Judge snail ir it seem requisite cause notice ot intention so to do to be advertised once in the Gazette and three times in at least one ncAvspaper published in Sydney and shall appoint a period of time Avithin Avhich it shall be laAvful for any person inter­ ested to shcAV cause Avhy such order should not be issued and there­ upon it shall be laAvful for tlie said Court or Judge in such order to give directions for the transfer of such land estate or interest to any new proprietor or proprietors solely or jointly Avith or in the place of any existing proprietor or to make such order in the premises as the Court thinks just for the protection of the persons benefi­ cially interested in such land estate or interest or in the proceeds

thereof

N o. 9. 26 ̂ VIC. 1862.

Meal Property.

thereof and upon such order being deposited with the Registrar General he shall make such entries and perform such acts as in accord­ ance with the provisions of this Act may he necessary for the purpose of giving effect to such order.

Powers of Attorney.	G9. The registered proprietor of any land estate or interest under the provisions of this Act may authorize and appoint any person to act for him or on his behalf in respect to the transfer or other dealing Avith such land estate or interest in accordance with the provisions of this Act by executing a power in any form heretofore in use for the like purpose or in form I of the Schedule hereto and such power of attorney or a duplicate or certified copy thereof shall be filed in the Office of the Registrar General who shall enter in the Register Book a memorandum of the particulars therein con­ tained and the date and hour when it was so filed.
Eegistration abstract
for registering deal­	70. The Registrar General upon the application of any regis­ to such proprietor a registration abstract in the form K of the Schedule hereto enabling him to transfer or otherwise deal with his estate or interest in such land at any place without the limits of the Colofty and shall at the same time enter in the Register Book a memorandum recording the issue of such registration abstract and shall indorse on the grant certificate of title or other instrument evidencing the title of such applicant proprietor a like memorandum and from and after the issuing of any such registration abstract no transfer or other dealing in any Avay affecting the estate or interest in respect of Avhich such registi’ation abstract is issued shall be entered in the Register Book until such abstract shall have been surrendered to the Registrar General to he cancelled or the loss or destruction of such abstract proved to his satisfaction.
ings without the	tered proprietor of land under the provisions of this Act shall grant
limits of the Pro­
vince.
Mode, of procedure
under registration	71. Whenever any transfer or other dealing is intended to he transacted under any such registration abstract a memorandum of transfer or such other instrument as the case may require shall be prepared in duplicate in form hereinbefore appointed and shall be pro­ duced to some one of the persons hereinafter appointed as persons before whom the execution of instruments without the limits of the Colony may be proved and upon memorial of such instrument being entered upon the registration abstract and authenticated by the signature of such authorized person as aforesaid in manner hereinbefore directed for the entry of memorials in the Register Book such instru­ ment shall be held to be registered and such transfer or other dealing shall be as valid and binding to all intents as if the same had been entered in the Register Book by the Registrar General and whenever a memorial of any instrument which has not been indorsed upon the instrument evidencing title to the estate or interest intended to be dealt with has been entered upon the registration abstract such autho­ rized person as aforesaid shall record the like memorial on the duplicate grant certificate of title lease or other instrument evidencing title as aforesaid and the certificate of registration indorsed on the instrument of which the memorial has been so entered and signed by such autho­ rized person and sealed with his seal shall be received in all Courts of Law or Equity as conclusive evidence that such instrument has been duly registered.
bstract.

Proceeding upon de- _ . 72. Upon the delivery of any registration abstract to the as to preserve their priority the particulars of every transfer or other dealing recorded thereon and shall file in his office the duplicates of every memorandum of transfer or other instrument executed there­ under which may for that purpose be delivered to him and shall cancel such abstract and note the fact of such cancellation in the Register

abstract the Registrar General he shall record in the Register Book in such manner

Eegistrar General,

' Book

1862. 26« VIC. N o. 9.

Meal Mroperty.

Book and if a freehold estate in sucli land or in any part thereof he

transferred the grant or certificate of title shall he delivered up to the

llcgistrar General who shall thereupon proceed as is hereinhcfore	,
directed for the case of the transfer of an estate of freehold.

73. Upon proof at any time to the satisfaction of the llegistrar Procedure wiicn

General that any registration abstract is lost or so obliterated as to he useless and that the powers thereby given have never been exercised or if they have been exercised then upon proof of the several matters and things that have been done thereunder it shall he lawful for the llegistrar General as circumstances may require either to issue a new registration abstract as the case may lie or to make such entries in the Register Book or do such acts as might have been made or done if no such loss or obliteration had taken place.

7 4 . The registered proprietor of any land in respect of which a Revocation of power

power of attorney lias been executed may for the purpose of revoking such power execute an instrument in the form L of the Schedule hereto or in any form heretofore in use for the like purpose and the Registrar General shall except in any case where a registration abstract is outstanding enter the particulars thereof in the Register Book and record thereon the date and hour in which such entry was made and sliall file the same in his office and after the date of such entry the Registrar General shall not give effect to any memorandum of transfer or other instrument executed pursuant to such power of attorney.

Part 5.—Transmissions.

75. Upon the bankruptcy or insolvency of the registered p r o - ,

J- A e/ t> X ofliiRruTitcY or iiisol*"

prietor of any land estate or interest under the provisions of this Act vcncy. assignees accompanied hy an application in ivriting under their hand to he so registered in respect to any land estate or interest of such bankrupt or insolvent therein specified and described shall enter in the Register Book upon the folium constituted hy the grant or certi­

the assignees of such bankrupt or insolvent shall be entitled to he

registered as proprietors in respect of the same and the Registrar

ficate of title of such land a memorandum notifying the appointment Upon entry of ap-

of such assignees and upon such entry being made such assignees shall to”br*̂ deemrd*̂ pvo.

he deemed and taken to be registered proprietors of the estate or prietors.

interest of such bankrupt or insolvent in such land and shall hold the But subject to

same subject to the equities upon and subject to which the bankrupt

or insolvent held the same hut for the purpose of any dealings with

such land estate or interest under the provisions of this Act such

assignees shall he deemed to he absolute proprietors thereof.

7 6 . Upon the bankruptcy or insolvency of the registered pro-Mortgagee of the

prietor of any lease subject to mortgage under the provisions of this

Act the Registrar General upon the application in writing of the entered as trans­

mortgagee accompanied by a statement in writing signed hy the

assignees of such bankrupt or insolvent certifying their refusal to

accept such lease shall enter in the Register Book the particulars of

such refusal and such entry shall operate as a foreclosure and the

interest of the insolvent in such lease shall thereupon vest in such

mortgagee and if such mortgagee shall neglect or decline to make

such application as aforesaid the Registrar General upon application

hy the lessor and proof of such neglect or refusal and of the matters	■
aforesaid shall enter in the Register Book notice of such neglect or refusal of such assignee to accept such lease and such entry shall operate as a surrender of such lease.

77. The Registrar General upon the production of the register Marriage of female

or other sufficient proof of the marriage of a female registered pro- cemfied°to*Uie*̂

prietor of any land estate or interest under the provisions of this Act Registrar General.

accompanied

1862. 26 ̂VIC. N o . 9.

Real Property.

(3.) Porges or procures to be forged or assists in forging the name signature or handwriting of any person whom­ soever to any instrument whicli is hy this Act or in pursuance of any power contained in this Act expressly or impliedly authorized to be signed hy such person.

(4.) Uses with an intention to defraud any person whom­ soever any document upon which any impression or part of the impression of any seal of the Registry Office has been forged knowing the same to have been forged or any document the signature t() which has been forged knowing the same to have been forged.

Such person shall be guilty of felony and if any person is guilty of making a false oath or declaration concerning any matter or procedure made or done in pursuance of this Act such person shall be deemed guilty of perjury.

133. Any person convicted of felony or perjury under this Act Punishment of

shall be liable to imprisonment for any term not exceeding four years and to be kept to hard labor or solitary confinement for any part of the period aforesaid.

134. In the conduct of actions under this Act the same rules Pules of supreme

of procedure and practice shall apply and there shall be the same Sinfright’of̂ appLi

rights of appeal as are in force or exist for the time being in respect

of ordinary actions in the Court in which such action may be tried

Provided that the Judges of the Supreme Court shall have power from Supreme court may

time to time to make rules and orders for regulating proceedings

'=•

the Supreme Court under this Act and from time to time to rescind

alter or add to such rules and orders in like manner as at present.

135. Unless in any case herein otherwise expressly provided Jurisdiction,

all offences 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 or under the provisions of the same may be sued for and recovered in the name of the Attorney or Solicitor General before any Court in the Colony having jurisdiction for punishment of offences of the like nature or for the recovery of penalties or sums of money of the like amount.

136. This Act shall commence and take effect from and after Commencement of

the first day of January one thousand eight hundred and sixty-three. '

SCHEDULES

48 N o. 9. 26'̂ YIC. 1862.

Beal Property.

SCHEDULES EEFEEEED TO.

A.

A p p l i c a t i o n t o b r i n g L a n d u n d e r t h e p r o v i s i o n s o f t h e R e a l P r o p e r t y A c t .

I A. B. of do declare ( t h a t I a m ) or ( o n b e h a l f o f

o f t h a t h e i s ) seised of an estate of ( l i e r e s t a t e t o h e t h e r o f i n h e r i t a n c e o r o f a l i f e e s t a t e o r l e a s e h o l d f o r a l i f e o r l i v e s o r t e r m o f y e a r s a n d w h e t h e r h e l d i n t r u s t ) in all that

piece of land situated in ( h e r e s t a t e t h e s i t u a t i o n ) containing { h e r e s t a t e t h e a r e a ) be the same a little more or less ( e x c l u s i v e o f r o a d s i n t e r s e c t i n g t h e s a m e i f a n y ) with ( J i e r e s t a t e r i g h t s o f

w a y a n d o t h e r p r i v i l e g e s o r e a s e m e n t s a p p e r t a i n i n g a n d s e t f o r t h a s u f f i c i e n t d e s c r i p t i o n t o

i d e n t i f y t h e l a n d ) which piece of land is of the value of £ and no more and is ( t h e

t o w n a l l o t m e n t o r c o u n t r y s e c t i o n o r i s p a r t o f t h e t o w n a l l o t m e n t c o u n t r y s e c t i o n o r r e s e r v e )

originally granted to by land grant under the hand and seal

of formerly Governor of the Colony Dated the

day of numbered in the plan of the ( d i s t r i c t t o w n s h i p o r

c o u n t y ) of as delineated on the public maps of the Colony deposited

in the Survey OflSce Sydney And I do further declare that I am not aware of any mort­ gage encumbrance or claim affecting the said land or that any person hath any claim estate or interest in the said land at law or in equity in possession or in expectancy other than is set forth and stated as follows that is to say ( h e r e s t a t e p a r t i c u l a r s o f m o r t g a g e s e n c u m ­

b r a n c e s d o w e r o r o t h e r i n t e r e s t t o w h i c h t h e l a n d m a y b e s u b j e c t ) And I further declare

that there is no person in possession or occupation of the said lands adversely to my estate or interest therein and that the said land is now ( h e i ' e s t a t e n a m e a n d d e s c r i p i t i o n o f o c c u p i e r

o r t h a t t h e l a n d i s u n o c c u p i e d ) and that ( h e r e s t a t e t h e n a m e s a n d a d d r e s s e s o f o w n e r s a n d o c c u p i e r s o f l a n d s c o n t i g u o u s t h e r e t o ) and that there are no deeds or instruments of title

affecting such land in my possession or under my control other than those enumerated in the Schedule hereto or at foot hereof and I make this solemn declaration conscientiously believing the same to he true.

Dated at this day of 18

Made and subscribed by the above-named tbis day of

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

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

the above declaration brought under the provisions of the Real Property Act.

Dated at this day of 18

Witness to signature—C. D.

B.

C a v e a t f o r b i d d i n g L a n d s t o b e b r o u g h t u n d e r t h e R e a l P r o p e r t y A c t .

Take notice that I of claiming estate

or interest ( h e r e s t a t e t h e n a t u r e o f t h e e s t a t e o r i n t e r e s t c l a i m e d a n d t h e g r o u n d o n w h i c h

s u c h c l a i m i s f o u n d e d ) in lands described as ( h e r e s t a t e p a r t i c u l a r s , o f d e s c r i p t i o n f r o m

d e c l a r a t i o n o f a p p l i c a n t ) in notice dated the day of adverti.sing

the same as land in respect to which claim has been made to have the same brought under the provisions of the Real Property Act do hereby forbid the bringing of the said land under the provisions of the said Act.

And I appoint as the place at which notices relating hereto

may be served.

Dated this day of 18

A. B.

Signed in my presence this day of

To the Registrar General of the Colony of New South Wales.

c.

1862.	26 ̂ VIO.	N o. 9.
Meal Mroperty.

0.

N e w South W a l e s .

[ R o y a l A r m s . 2

C e r t i j i c a t e o f T i t l e .

K . ' Q . o i ( h e r e i n s e r t d e s c r i p t i o n a n d i f c e r t i f i c a t e h e i s s u e d p u r s u a n t t o a n y t r a n s f e r

r e f e r e n c e t o m e m o r a n d u m o f t r a n s f e r ' ) is now seised of an estate ( h e r e s t a t e w h e t h e r i n f e e s i m p l e

o r l e a s e h o l d f o r a l i f e o r l i v e s o r f o r a t e r m o f y e a r s ) subject nevertheless to such encum­

brances liens and interests as are notified by memorial underwritten or indorsed hereon in

that piece of land situated in the ( c o u n t y o r t o t o n s h i p > ) of

( h e r e i n s e r t s u f j i c i e n t d e s c r i p t i o n t o i d e n t i f y t h e l a n d r e f e r r i n g t o m a p o r d i a g r a n i y v i i n o l x said

piece of land is ( o r i s p a r t o f ) the ( c o u n t r y s e c t i o n o r t o w n a l l o t m e n t ) marked

delineated in the public map of the said ( c o u n t y o r t o w n s h i p )

deposited in the office of the Surveyor General originally granted the day of

under hand and seal of Governor of the said Colony to 0. D.

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

day of

Signed in presence of ) Registrar General, (l.s.)

the day of )

D.

M e m o r a n d u m o f T r a n s f e i ' .

I A. B. being registered as the proprietor of an estate ( h e r e s t a t e n a t u r e o f t h e e s t a t e

o r i n t e r e s t ) subject however to such encumbrances liens and interests as are notified by

memorandum underwritten or indorsed hereon in all that piece of land situated in the ( c o u n t y o r t o w n s h i p ) of containing ( h e r e s t a t e a r e a ) be the same a little more or less

( e x c l u s i v e o f r o a d s i n t e r s e e t i n g t h e s a m e i f a n y [ h e r e s t a t e r i g h t s o f w a y p r i v i l e g e s o r e a s e ­

m e n t s i f a n y i n t e n d e d t o h e c o n v e y e d ) a n d i f t h e l a n d t o h e d e a l t w i t h c o n t a i n a l l t h a t i s

i n c l u d e d i n a n e x i s t i n g g r a n t o r c e r t i j i c a t e r e f e r t h e r e t o f o r d e s c r i p t i o n o f p a r c e l s a n d d i a g r a m s o t h e r w i s e s e t f o r t h t h e b o u n d a r i e s i n c h a i n s l i n k s o r f e e t a n d r e f e r t o p l a n d e l i n e a t e d

o n t h e m a r g i n o r a n n e x e d t o t h e i n s t r u m e n t o r d e p o s i t e d i n t h e R e g i s t r y O f f i c e ) in con­

sideration of the sum of £ paid to me by E. F. the receipt of which sum 1 hereby

acknowledge do hereby transfer to the said E. P. ( a l l m y e s t a t e o r i n t e r e s t o r	a	l e s s e r	e s t a t e
o r i n t e r e s t d e s c r i b i n g s u c h l e s s e r e s t a t e ) in the said piece of land.

In witness whereof I have hereunto subscribed my name this

day of

Signed on the day above-named by the said )

A. B. and E. F. in the presence of G. H. j

A. B. Transferror. E. F. Transferree.

E.

T r a n s f e r t o h e i n d o r s e d o n O r i g i n a l I n s t r u m e n t .

I the within-mentioned 0. D. in consideration of £ this day paid to me by

X. Y. of the receipt of which sum I do hereby 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 instrument together with all my rights powers estate and interest therein.

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

G. D. Transferror.

Signed by the above mentioned C.D. as transferror'l

and X. Y. as transferree in the presence of V

E. F. the day of }

Accepted X. Y. Transferree.

F.

M e m o r a n d u m o f L e a s e .

I A. B. being regi.stered as proprietor of an estate ( h e r e s t a t e n a t u r e o f t h e e s t a t e

o r i n t e r e s t ) subject however to such encumbrances liens and interests as are notified by

memorandum underwritten or indorsed hereon in that piece of land situated in the ( c o u n t y o r t o w n s h i p ) of containing ( l i e r e s t a t e a r e a ) be the same a little more or less

( e x c l u s i v e o f r o a d s i n t e r s e c t i n g t h e s a m e i f a n y [ l i e r e s t a t e r i g h t s o f w a y p . r i v i l e g e s o r e a s e ­

m e n t s i f a n y i n t e n d e d t o h e c o n v e y e d ^ i f t h e l a n d t o h e d e a l t w i t h c o n t a i n s a l l t h a t i s i n c l u d e d

G in

50 N o. 9. 26" y io . 1862.

Real Property.

i n a n e x i s t i n g g r a n t o r c e r t i j i c a t e o f t i t l e o r l e a s e r e f e r t h e r e t o f o r d e s c r i p t i o n a n d d i a g r a m o t h e r w i s e s e t f o r t h t h e b o u n d a r i e s i n c h a i n s l i n k s o r f e e t a n d r e f e r t o a p l a n t h e r e o f o n m a r g i n

o f o r a n n e x e d t o t h e l e a s e o r d e p o s i t e d i n t h e R e g i s t r y O f f i c e ' ) do hereby lease to E. F. of ( J i e r e i n s e r t d e s c r i p t i o n ) all the said lands to be held by him the said E. P. as tenant for the space

of years at the yearly rental of £ payable ( h e r e i n s e r t t e r m s o f p a y m e n t o f

r e n t ) subject to the following covenants conditions and	restrictions ( h e r e s e t f o r t h a l l s p e c i a l
c o v e n a n t s i f a n y i )

I E. F. of ( J i e r e i n s e r t d e s c r i p t i o n ) do hereby accept this lease of the above described

lands to be held by me as tenant and subject to the conditions restrictions 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 presence of X.Y.

(Signed) A. B. Lessor.

E. F. Lessee.

G.

M e m o r a n d u m o f M o r t g a g e .

I A. B. being registered as proprietor of an estate ( J i e r e s t a t e n a t u r e o f t h e e s t a t e o r

i n t e r e s t ) subject however to such encumbrances liens and interests as are notified by memo­ randa underwritten or indorsed hereon in that piece of land situated in the ( c o u n t y o r

t o w n s h i p ) of containing (Sere s t a t e a r e a ) be the same a little more or less ( e x c l u s i v e

o f r o a d s i n t e r s e c t i n g t h e s a m e i f a n y \ J i e r e s t a t e r i g h t s o f w a y p r i v i l e g e s o r e a s e m e n t s i f

a n y a p p e r t a i n i n g ~ \ a n d i f t h e l a n d t o b e d e a l t w i t h c o n t a i n s a l l t h a t i s i n c l u d e d i n a n e x i s t i n g

g r a n t o r c e r t i f i c a t e o f t i t l e o r l e a s e r e f e r t h e r e t o f o r d e s c r i p t i o n o f p a r c e l s a n d d i a g r a m o t h e r ­ w i s e s e t f o r t h t h e b o u n d a r i e s i n c h a i n s l i n k s o r f e e t a n d r e f e r t o p l a n t h e r e o f o n m a r g i n o f o r

a n n e x e d t o t h e m o r t g a g e o r d e p o s i t e d i n t h e R e g i s t r y O f f i c e ! )

In consideration of the sum of £ this day lent to me by E. F. of ( h e r e i n s e r t

d e s c r i p t i o n ) the receipt of which sum 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 £ on the

day of Secondly that I will pay interest on the said sum at the rate of £ b y

the £100 in the year by equal payments on the day of and on the

day of in every year Thirdly ( h e r e s e t f o r t h s p e c i a l c o v e n a n t s i f a n y )

And for the better securing to the said E. F. the repayment in manner aforesaid of the said principal sum and interest I hereby mortgage to the said E. P. all my estate and interest in the said land above described.

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

A. B. Mortgagor. ■

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

presence of G . H.

M e m o r a n d u m o f E n c u m b r a n c e f o r s e c u r i n g a S u m o f M o n e y .

I A. B. being registered as proprietor of an estate ( J i e r e s t a t e n a t u r e o f t h e e s t a t e o r

i n t e r e s t ) subject however to such encumbrances liens and interests as are notified hy memo­

randa underwritten or indorsed hereon in that piece of land situated in ( t h e c o u n t y o r t o w n ­

s h i p ) of containing ( h e r e s t a t e a r e a ) be the same a little more or less ( e x c l u s i v e o f

r o a d s i n t e r s e c t i n g t h e s a m e i f a n y \ J i e r e a l s o s t a t e r i g h t s o f w a y p r i v i l e g e s o r e a s e m e n t s i f

a n y a p p e r t a i n i n g ^ a n d i f t h e l a n d t o b e d e a l t w i t h c o n t a i n s a l l t h a t i s	i n c l u d e d i n a n e x i s t i n g
g r a n t o r c e r t i f i c a t e o f t i t l e r e f e r t h e r e t o f o r d e s c r i p t i o n o f p a r c e l s a n d	d i a g r a m o t h e r w i s e s e t

f o r t h t h e b o u n d a r i e s i n c h a i n s l i n k s o r f e e t a n d r e f e r t o p l a n t h e r e o f o n m a r g i n o f o r a n n e x e d

t o t h e h i l l o f e n c u m b r a n c e o r d e p o s i t e d i n t h e R e g i s t r y O f f i c e . )

And desiring to render the said land available for the purpose of securing to and for the benefit of C. D. the ( s u m o f m o n e y a n n u i t y o r r e n t c h a r g e ) hereinafter mentioned do hereby encumber the said land for the benefit of tlie said C. D. with the ( s u m a n n u i t y o r r e n t c h a r g e ) of £ to he rai.«ed and paid at the times and in the manner following

that is to say ( J i e r e s t a t e t h e t i m e s a p p o i n t e d - f o r t h e p a y m e n t o f t h e s u m a n n u i t y o r r e n t

c h a r g e i n t e n d e d t o b e s e c u r e d t h e i n t e r e s t i f a n y a n d t h e e v e n t s o n w h i c h s u c h s u m a n n u i t y o r r e n t c h a r g e s h a l l b e c o m e a n d c e a s e t o h e p a y a b l e a l s o a n y s p e c i a l c o v e n a n t s o r p o w e r s a n d a n y m o d i f i c a t i o n o f t h e p o w e r s o r r e m e d i e s g i v e n t o a n e n c u m b r a n c e e h y t h e R e a l P r o p e r t y A c t )

And subject as aforesaid the said C. D. shall be entitled to all powers and remedies given to an encumbrancee by the Real Property Act.

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

presence of E. F.

I.

1862. 26̂ ̂VIC. N o. 9. Z1

Heal Froperty.

I.

P o i D c r o f A t t o r n e y ,

I A. 15. being registered as proprietor of an estate ( h e r e s t a t e n a t u r e o f t h e e s t a t e

o r i n t e r e s t ' ) subject however to such encumbrances liens and interests as are notified by memorandum underwritten or indorsed hereon in ( h e r e r e f e r t o s c h e d u l e f o r d e s c r i p t i o n

a n d c o n t e n t s o f t h e s e v e r a l p a r c e l s o f l a n d i n t e n d e d t o h e a f f e c t e d w h i c h s c h e d u l e m u s t c o n t a i n

r e f e r e n c e t o t h e e x i s t i n g c e r t i f i c a t e o f t i t l e o r l a n d g r a n t o r l e a s e o f e a c h p a r c e l ) do hereby

appoint C. P. attorney on my behalf to ( h e r e s t a t e t h e n a t u r e a n d e x t e n t o f t h e p o w e r s

i n t e n d e d t o h e c o n f e r r e d a s w h e t h e r t o s e l l l e a s e m o r t g a g e & c . ) the lands in the said schedule

described and to execute all such instruments and do all such acts matters and things as may be necessary for carrying out the powers hereby given and for the recovery of all rents and sums of money that may become or are now due or owing to me in respect of the said lands and for the enforcement of all contracts covenants or conditions binding upon any lessee or occupier of the said lands or upon any other person in respect of the same and for the taking and maintaining possession of the said lands and for protecting the same from waste damage or trespass.

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

Signed by the above-named A. B. this	day of	in the presence of X. Y.
Schedule ceferred to.

K.

New Sooth Wales.

R e g i s t r a t i o n A b s t r a c t .

[ R o y a l A r m s , ' ]

[ C o p y o f g r a n t o r c e r l i f e a t e . ]

Pursuant to Act of the Legislature of the said Colony intituled “ The Real Property Act"’ sections 70 and 71 this registration abstract is issued for the purpose of enabling the registered proprietor to deal with the above described land at places without the limits of the said Colony and shall continue in force from the date hereof until the

day of or until the same be surrendered to me for cancellation.

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.

R e v o c a t i o n O r d e r .

I A. B. of being seised of an estate ( h e i - e s t a t e t h e n a t u r e o f t h e e s t a t e )

all that piece of land ( h e r e d e s c r i b e l a n d r e f e r r i n g t o t h e e x i s t i n g g r a n t c e r t i f i c a t e o r o t h e r

i n s t r u m e n t o f t i t l e ) hereby revoke the power of attorney 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

M.

C a v e a t f o r b i d d i n g r e g i s t r a t i o n o f d e a l i n g w i t h e s t a t e o r i n t e r e s t .

To the Registrar General

Take notice that I claiming estate or interest ( h e r e s t a t e t h e n a t u r e o f t h e

e s t a t e o r i n t e r e s t c l a i m e d a n d t h e g r o u n d s o n w h i c h s u c h c l a i m i s f o u n d e d ^ ) in ( h e r e d e s c r i b e l a n d ) forbid the registration of any memorandum of transfer or 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 o*’ notice of such intended registration at the following address)

Dated this	day of	186	.
Witness

N.

C e r t i f i c a t e o f R e g i s t r a r G e n e r a l J u s t i c e o f t h e P e a c e & c . t a k i n g d e c l a r a t i o n o f a t t e s t i n g

w i t n e s s .

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

a person known to me and of good repute attesting witness to this instrument and acknow­ ledged his signature to the same and did further declare that A. B. the party executing the same was personally known to him the said C. D. and that the signature of this said instru­ ment is in the handwriting of the said A. B.

(Signed) Registrar General or J.P.

N o. 9. 26*̂ VIC. 1862.

Beal Broperty.

O.

C ertificate o f R e g is tra r G en era lo v J u s tic e o f the Peace before w hom in s tru m en t m ay have

been executed by the p a r t ie s thereto.

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

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

(Signed) Registrar General or J.P.

P.

Fees p a ya b le f o r the p erfo rm a n ce o f the several acts m a tters a n d th ings herein specified.

For hearing application to bring land under the provisions of this Act or to he regis­

tered in respect to an estate of freehold of a deceased proprietor to be paid to the Land

Titles Commissioners over and above the cost of all advertisements herein prescribed to bo

in such case published :— '

£ s. d.

When the applicant is the original grantee and the land has never been sold

mortgaged encumbered or made the subject of settlement .. ... ... 5

When the title is of any other description and the value exceeds £500... ... 10

Ditto	~	ditto	'	ditto	exceeds £400 and does not exceed £500	0
Ditto	ditto	ditto	exceeds £300 and does not exceed £400	10
Ditto	ditto	ditto	exceeds £200 and docs not exceed £300	0
Ditto	ditto	ditto	when the value does not exceed £200	10

Contribution to assurance fund upon first bringing land under this Act and upon the registration of an estate of freehold in possession derived by settle­ ment will or intestacy—

In the pound sterling ... ... ... ... ... ... ... ... 0 0 0̂

Other fees—

For every certificate of title ... ... ... ... ... ... ... 1 0 0

Registering memorandum of transfer lease mortgage encumbrance or the transfer

or discharge of a mortgage or the transfer or surrender of a lease ... ... 0 10 0

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

mission ... ... ... .. ... ... ... ... ... 0

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

For cancelling registration abstract ... ... ... ... ... ... 5

For every revocation order ... ... ... ... ... ... ... 10

Noting caveat .................................... .............. .............. ... 10

Cancelling or withdrawing of caveat and service of notice to caveator or caveatec 5

Issuing order for foreclosure	..............	....................................	...	0
2

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

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

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

For every instrument declaratory of trusts and for every will or other instrument

deposited ... ... ... ... ... ... ... ... ... 10

For registering recovery by proceeding in law or equity or re-entry by lessee ...	10
For registering vesting of lease in mortgagee consequent on refusal of assignees

to accept the same ... ... ... ... ... ... ... ... 10

For entering notice of marriage or death.......................................................... 10

For entering notice of writ or order of Supreme Court ... ... ... ... 10

Taking acknowledgment of married woman ... ... ... ... ... 5

Taking declaration in case of lost grant or other instrument or where production

of duplicate is dispensed with ... ... ... ... ... ... 0 10 0

For the exhibition or return of any deposited instrument or for exhibiting or

returning deeds surrendered by applicant proprietor ... ... ...

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

For every folio or part folio after first five	...	...	...	...	...
For every instrument drawn on parchment	...	...	...	...	...

Taking affidavit or statutory declaration... .............. .........................

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

grant or certificate for each registration memorial after the first..............	0 2 0
No. X.