Real Property Act 1869 (SA)

ANNO TRICESIMO TERTIO

No. 11.

An Act to amelad the Real Prvperty Act of l86 1 ."

[Asscntcd to, 9th February, 1870.]

IIEREAS it is expdicnt to amend the Real Property Act of Preamble.

W by the Governor of the Proviilcc of South Australia, with the advice 1861 ," in manner hcrcinaftcr l)rovidcct-BC it tllcrcf'ore Enacted	and consent of tlic Lcgislativc: Council and I-Ioucc of Assembly of
the said Province id this present P u l i m c n t assembled, as follows:

1. The fees payable to the Lt11d~ Titles Commis~ioners, under the Fees to Landa Titler

Schedule marked P of the " Rcnl Property Act of 1861," shall still cOmmiasiOnera~

be payable as herctoforc, but &all, s6bjcct to the payments herein-

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after mentioned, be paid to the Treasurer for the public uses of the

said Province; ancl the 1,alzcls Titles Cornlnissioners, instead of being

remunerated by fces, s l d l be paid such s u n as s l d l be appointed

by the Governor of the said Province, by and with the consent of the

Executive Council, not exceeding the sum of Two Polmds Two Shillings sterling to each Cornlnissionvr for each week cluring which

such Cornmissioil shall hold at least one sitting.

2. Upon the registration of any mernoranchm of transfer, Trainater by endorse-

comprising the whole of the land described in any grant or cer- ment

On

tificate of title, it shall not be nvcessary for the transferee to take

out a certificate of title in his own name, but he may receive the

grant or certificate of title of the transferor, or in the case of a sale by a mortgagee, the grant or certificate of title of the mort- gagor, with a memorial of the transfer in each such case endorsed thereon; and the Registras-General shall not, after registering any such transfer, enter a memorandum cancelling such grant or certifi-

cate of title, as required by the Real Property Act of 1861 ;" and

each

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33" VICTORILtlE, No. 11.

Real Properg Act Amendment Act.-1869-70.

each successive transferee (if any) of the whole ofsuc&nd, may at his option take out a certificate of title in his own name, or may receive the same grant or certificate of title upon which the

-	memorial or memorials of any previous transfer or transfers have been endorsed as af'orcsaid; but the Registrar-General, whenever, in his opinion, any grant or certificate of title shall be incapable of containing with convenience any further endorsements, may compel
thc last transferee to receive a certificate of title in his own name.

h f e r neednot be 3, A transferee of land shall not be required in any case to

in duplicate.

present in duplicate a memorandum of transfer for the purpose of

registration.

Tranmiusione bp 4.

Whenever any land under the provisions of theu Real Property Act of 1861" is transmitted in consequence of the death of the registered proprietor thereof, the Lands Titles Commissioners may limit and appoint a time, not less than one calendar month from the date of the advertisement in the South Australian Govern-

death.

ment Gazette, as mentioned in clmm 80 of the said Act, upon or

after which the Registrar-General may issue to the person entitled to the same a certificate of title for such land; and generally to exercise the like discretion as regards the length of time which shall elapse before issuing any such certificate of title as the said Com- missioners might have exercised, if such land was not under the pro- visions of the said Act, and application had been made to bring the same under such provisions.

Charges for long

5. In addition to the chargcs and. fees providcd by the "Real Property Act of 1861," the Registrar-General may charge for any certificate of title which shall exceed in length four folios of seventy- two words each, a further sum of two shillings for each folio or part of a folio in exccss of such four folios; and if there shall be more than two diagrams in such certificate, a f~lrther sixpence for each such diagram after the first two diagrams. sum of one shilling and

certificates.

plane to be in dupli- 6. All plans hereafter to be prepared, and required to be deposited

cato.

for the purposes of the " Real Property Act of 1861," shall, if

required by the Registrar-General, be in duplicate.

Incorporation.

7. This Act shall be construed together with the said 'CReal Property Act of 1861 ;" and, except so far as any portion of the said

LLRRal Property Act of 1861" may be repealed, or altered, or added to

by this Act, the provisions of the said "Real Property Act of 1861 "

shall remain in full force.

short titb. 8. This Act may be cited for all purposes as the G 6 Real Property

Act Amendment Act, 1869."

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

this Act.

- JAMES FERGUSSON, Governor.

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