Real Property Act 1878 (SA)

ANNO QUADRAGESIMO P R I M 0 ET (JUADRAGESIMO
SECTJNDO.
No. 128.
[Assented to, 30th Novcrnbcr, 16'78.1

THEREAS it is expcdicnt to amend thc

Iical Property Act Prenmhle.

of 1861," to ~ p e d

thc Rcal Property Act Amendment Act,

1869," and to add other provisions-Rc

it therefore Enacted 1)y

the Governor of the Province of Sor~th -4ustralia, with the advice and consent of the I[iegislative IJouncil and Housc of Assrtm1)ly of the said province, in this present Par'hment assc.mblcd, as follows:
PRRLIM INARY.

128-A

5. The said " Real Property Act Amendment L4ct, 1860," and Repeal.
thc scctions and schedules of the " Real Property Act of 186i,"
mentioned in the First Schedule of this Act, arc hereby repealed,
2. This Act may be cited for all purposes as the " Real Property short title.
Act Amendment Act of 1878."

3. All contracts, engagements, and trusts heretofore made, contrwta entered

into before the passing

entered into, or created by or with a proprietor of land, or any estate	this Art to remain
or interest therein, under the provisions of the "Xcal Propcrty	force.
Act of 1861," or of any Act thereby repealed, and in respect
of which he is registered as proprietor at the time of the passing
of this Act, and which shall be subsisting at the time of the passing of this Act, and which, except for the provisions of the said Acts, or some of them, could be enforced at law or in equity, shall be b;nding between the parties thereto and their respective representatives, and may be enforced and damages recovered in like

manner

41" & 42" VICTORIB, No. 128.
Real Property Act Amendment Act.--1878.
manner as if such contracts, engagements, and trusts had been made,
entered into, and created after the passing of this Act.

Fees to Lands T i t h

The Lands Titles Commissioners (except the Registrar-General) instead of being remunerated by fees, shall be paid such sum as shall be appointed by the Governor of the said province, by and with the consent of the Executive Council, not exceeding the sum of Two Pounds Two Shillings sterling to each Commissioner for each week during which such Commissioners shall hold at least ono meeting.
aommisaionera.

Piyidon of Act.

6. This Act is divided into Twelve Parts, relating to the following subject matters:

The First Part to bringing land under the '"eal

Property Act

of 1861 "-Sections

6 to 10.

The Second Part to general provisions as to entries in the

11 to 15.

The Third Part to transfers-Sections

16 to 19.

The Fourth Part to leases-Sections

20 to 22,

The Fifth Part to mortgages--Sections

23 to 24.

The Sixth Part to trusts, transmissions-Sections

25 to 41.

The Seventh Part to caveats-Section

42.

The Eighth Part to special powers and duties of the Registrar- Genleral-Sections

43 to 48.

The Ninth Part to ejcctment-Sections

49 to 54.

The Tenth Part to Assurance Fund-Sections

55 to 59.

The Eleventh Part to miscellaneous provisions-Sections

60 to

74.

The Twelfth Part to penalties, procedure-Sections

76 to '79.

-

RELATING: TO BRINGING LAND UNDER THE REAL

PROPERTY ACT OF 1861.

Caveat not to be

6. No caveat forbidding land t>o

be brought under the provisious

received unless	of the " ka-!	Property Act of 1861 ," shall bp receiv~d,	ndess some
rddrem appointed,

address or place, within the limits of the City of Adelaide, shall be appointed therein as the place at which notices and proceedings relating to such caveat may be scrved, and thc caveator may be required by the Commissioners to lodge with the Registrar-General such a sum of money as they may consider necessary as security for the costs of any trial arising out of the lodgment of such caveat.

Caveat agtllllst bdng-

7, W henever a caveat shall have been lodged with the Registrar-

ing land under the

Ge~rerd,

forbidding land to be brought under the provisions of ,the

~ c t.

Heal Property Act of

1861," the like proceedings as are herein pro-

vided for the removal of caveats by a caveatee, in the case where
land

41'	& 42" VICTORIB, No. 128.

Real Property Act Amendment Act.-1 878.

land ia undcr the provisions of the said Act, shall be open to the 1- cnveatee for removal of caveat, and for the recovery of costs and fioceedingundsr damages from the caveator, in case the caveat shall have been lodged caveat.

by the cavcator wrongfully, and without reasonable cause.

8. After the expiratton of one calendar month from the receipt Caveats lapeeunlesa

thereof by the Registrar-G meral, every such caveat shall be deemed thin oue month.

proceedings taken

to hare lapsed, unless the person by whom or on whose behalf the same was lodged shall, within that time, have taken proceedings in the Supreme Court to establish his title to the estate or interest therein specifid, and thercof shall have given written notice to the Registrar-Gcncral, or shall have obtained from the Supreme Court an order or injunction restraining the Registrar-General from bringing the land therein referred to under ilw provisions of this

Act:

Provided always, that a caveat shall not Fe renewed by or on c,,,t

not to be

behalf of the same person in respect of the same estate or interest.

renowed-

9, Upon the first bringing of land under the p~ovisions of the Contribution8 to be

" Real Property Act of 1861," consequent upon thc application of

the owner as therein provided, and also upon the registration of the title to an estate of fi-eehold in possession in land under this Act, derivcd through thc settlcmcnt, will, or intestacy of a previous proprietor, thcre shall be paid to the Registrar-General the sum specified in the Eighth Schedule hereto, and the value of the land shall be ascertained by the oath or solemn declaration of the applicant c?r person deriving by settlement or transmissioil: Pro- vided always, that, if the Registrar-General shall not be satisfied as to the correctness of the value so declared or sworn to, it shall be lawful for him to require such applicant, or person deriving by settlement or transmission, to produce a certificate of such value under the hand of a sworn valuator. which certificate shall be re- ceived as corlclusive evidence of such value for the purposc aforesaid.

10. A11 sums of

money so received as aforesaid shall be paid to Ansurance f ~ n a

to be

the 'fieasurer of thc said province, who shall from time to time ~ ~ ~ ~ t ~ ~ c $ ~ ~ ~ m -

invest such sums, together with all interest and profits which may have accrucd thereon, in the South Australian Governrncnt or other approved securities, to constitute an assurance fund for the purpose herein provided.

PART

11.

PART 11.

GENERAL PROVISIONS AS TO ENTRIES IN THE
REGISTER BOOK.
11. Every applicant or proprietor who may be entitled to an C,*itifioate tobeirrued

estate of freehold in remainder or reversion may have his estate for freehold in

remainder.

registered on the certificate of title issucd for the life estate, or may

C e r t i t i ~ t ~

re.

receive a certificate of

title for the same, which certificate shall set ~ ~ ~ ~; t ~ o; ~ g ~; a t,

forth the nature of the estate of freehold in respect to which it is tiodar eatate.

issued. And every certificate of title for an estate in remainder, ar

reversion, shall refer to the certificate of title of the particular estate.

12. Every
4 41° & 42" VICTORIB, No. 128.
Real Property Act Amendment Act.-1 878.

P A ~ T

XI.

12. Every instrument presented for registration, excepting trana-

I n s t m e n t to<e in	few, shall be in duplicate, and the Registrar-General shall file one
duplicate.	in his office, and shall deliver the other to thp person presenting the
Lease may be in	same for registration; and a lease or other instrument may be in
triplicate.	triplicate, in which case the Registrar-General shall file one in 'his office, and shall deliver the other copies to the person presenting the same for registr~tion.
the eole record.
Thememorialtobe	13. Notwithstanding that any instrument be described as regis- tered byreason of the entry of the memorial thereof, no person other than the parties thereto shall be thcrcby held to haw any notice of the contents thereof, beyond the particulars contained in such memorial, or necessarily to be inferred therefrom.
New clause.

Persona regieteredns	14. TWO	or more persons who may be registered as joint proprie-
joint proprietors to be

joint tenants.

tors of an estate or interest ill land shall be decmed to be entitlccl to

Tenanta in common t o the same as joint tcnants;

and ill a11 cases where two or more persons

roceive each adidinct are entitled as tenants in common to undivided shares of or in any certificate of title, or
one for tha mntbely. land, such persons may receive oiia certificate for the entirety,
describing them as tenants in common, or separate and distiiict certi- ficates for such undivicled shares; ;.lid whcnevcr onc person bccomcs entitled to be registered as proprietor of the entirety, the certificate of title or separate certificate of title of the undivided share shall be delivered up to be cancelled, ancl the Rc.gistrar-General shall issue a fresh certificate of title to the person entitled to thc whole estate.
Marriago of female

proprietor to be cer-

15. The Registrar-General, upon tlze production of an official

t i f icd to the Regis-	certificate or other sufficimt lxoof of the marljage of a fcmak
trar-~eneral.	proprietor, shall enter on tltg register book and" also upon the
Particulars to bc en-	certificate of title, or other instrument evidmcing the title of such

tered in register-book, female proprietor, w11cn produced to hiin for that purlme, the name

and on the instwrnent

i d i n t i e,

arld description of her husband, the date of the marriage, and where solemnized, the date and hour of the production to him of the aforesaid proof of marriage; and the 1;usbmd of such femalc pro-

Xusbnndnlny be

registered as co-pro-	prietor shall, unless she holds the land, estatv, or interest for her
prietor.	separate use, be entzit!ed to be registered as CO-proprietor in right of

his wife; and the Registrar-General, upon application to that efkct,	and surrender of the existing certificate of title, shall comply with
such application; and upon the kmband being so rcg-istcred, hc shall thereup011 and thereafter be seized of and entitled to such and the same estate and interest in the said land as lle tvould have been had the said land not been under the operation of the said -4ct. And until such entry shall be made, the wife shall be deemed to be the sole proprietor, fbr her separate use.

Transfer of the	26. If a mcmorandurn of transfer purports to transfer an estate of frechold in possession, reversion, or remainder in the whole or part of thc land mentioned in any grant or certificate of title, the transferor shall deliver up the duplicate grant or certificate of title of the said land; and the Bcgistrar-General shall, when registering the
11 rehold.

transfer,
41" & 42" VICTORIAE, No. 128.
Red Property Act Amendment Act.-1878.
transfer, enter in the register book and on the duplicate grant or cer-
tificate of title a memorandum cancelling the same, either wholly or
partially, according as the memoranduln of transfer purports to trans-
fer the whole or part only of the land nicmtioned in such grant or cer-
tificate of title: Provided always, that in case the wholc of the land

mentioned in any grant or certificate of title is transferred, the	Transfer by endorra-
Registrar-General may, except when a tcnailcy in common, is thereby	ment.

created or cancelled, instead of cancelling the same, enter in the register book and on the duplicate grant or certificate of title a memorial of such transfer, and deliver thc duplicate to the transferee: Provided also that after one registration 6y cnclorsement has been made the Registrar-Ciencra.1 shall not accept any further transfer of Transfer of mortgage
any mortgage, lease, or other instrument, by endorsement on the ~ ~ ~ ~; ", n 3 p f " ~ * n '
dnplicato of such mortgage, lease, or other instrument, but shall
insist on the execution of a separate memorandum of transfer.

17. The ltegistrar-Qcncral upon cnircdling any grant or certificate F,&

oertifio,t,

to b.

of title, either wholly or partiallv, pursuant to any such transfer, issued to purchaser.

shall mltkc out to the transf'elbe a certificate of title to the land mentioned in such meino~~andurn of transfer, and every such certificate of title shall refer to the memorandum or other iristrumeirt of transfer; and the Registrar - General shall retain every such h

for the

cancelled

or partially

cancelled grant or

~ e r t i f i ~ i ~ t e

of trtle, and balanac?, ifany un-

whenever

r~qo i r rd

thereto by the proprietor of an unsold portion or ?;~;~~,";~,"rzOr

balance of land includcd in any snch partially canc~lled grant or when demanded, or to	certificate of title, or by a rcgistcred transkrec of such portion or of thereof, o, registered transferee
any p a ~ t t l ~ r ~ o f, shall make out to such proprietor or transferee n certificate of title for such portion, 01, for any part thereof, of which he is proprietor or transferee.

18. IJpon the l~oduction

of the reccipt of the Treasurer of the Dealings may be

said provincr; in full, for the ptwchase moncy of any lands alienated ?

i11 fec from thc crown. together with a memorandum of transfer. the Crown.

mortgage, lease, or other instruxnent, duly executed by thc purchascr from the Crown of such land, the Rcgistrar-General shall endorse

upon such reccipt such memorial as he is required to entcr in the

with land in respect to wlrich a gmnt or certificate of title has been registered, and shall sign such endorsement, and stamp the same wioh his seal, and so on from time to time with respect to any other dealings before the registration of' the grant of the said land, and every such instrument shall thcreupon be held to be duly registered, and the Registrar-General shall file such receipt and such i n ~ t rument in his office; and, upon the registration of the grant of such land, the Registrar-General shall entcr thereorz a memorial of such deal- ing, and shall endorse such instrument with the certificate of regis-

tration as prescribed for the registration of instruments generally.

19, Whenever the Supreme Court, or anv Judge thewof, under sale of land for non-
the powers conferred bp the l iistrict C O ~ & Act, 1876, or " The payment Of
hIunicipa1 Corporations Act, 1861," or any Act or Acts amending the
same, or when the Court of Insolvency, or any Court having juris-
diction in that behalf, shall have made an order for the sale of any land

under

6 41' &"42" VICTORIB, No, 128.

-- P ~ a ~

an.

under the provisions of the U R ~ a l Property Act of 1861," mentioned in such order, the Registrar-General, upon being served with a copy of such ordcr, shall mark upon such copy the time of such service, and shall enter a notice thereof in the register book, which shall operate as a caveat against alieuation other than in pursuance of such order while the same remains in force; and, upon the production to him of a memorandum of transfer of the said land, executed in pursuance of the Act mentioned in the ordcr ttforesaitl, the Registrar-General shall register such transfer, and ehter on the certificate of title of the land a memorandum cancelling the same, either wholly or partially, as herein provided in the case of an ordinary transfer, anti issue to the transferee a certificate of title to the land mentioned in such memorandurn of transfer, free from all encumbrances, charges, exceptions, qualificat,ions, and conditions wliatsoever other than thcse lilentioned in the memorandum of transfer: Provicied, that if only a portion of the land comprised in any gmnt or certificate of title has been sold, and the whole of the arrears of rates, interest, and costs appear to be satisfied by the sglc of the land transferred, a statement to such effect shall be a,ppcmded to the said transfer, signed by the Master of the Suprcmc Court, or thc proper officer of any Court acting on that behalf; and thereupon the Xegistrar- General shall make an entry on the partially cancelled grant, or certificate of title, in the register book, discharging the note entered thereon which operated as a caveat against alienation.

PART IV.

PART

IV.

LEASES.

Landsunderthepro-	20. When any land uncl.c~	the provisions of this Act is intended
xisions of this Aot-

how leaned.

to be leased or demis~d for a life or livcs, or for any term of years exceeding onc year, the proprietor shall, or for any less term may, execute a memorandum of lease in the form in thc Schedule E of the Red Property Act of 1861 "; and every such instrument sha'll, for description of the land intended to be dealt with, refer to the grant or ccrtificntc of title of thc land,

or shall give sudl other description as may he necessary to identify

such land? and a right for or covenant by the lessee to purchase the

land therein described may bc stipulated in such instrument; and

in case the lessee shall pay the purchase-money as stipulated, and

otherwise perform the conclitions prcccdent to such yurchnse to be

performed by him, the lessor shall be bound to execute a n~enloranduin

of transfer:to anch lessee of the said land, and to perform all necessary

acts by this Act prescribed for the purpose of transferring to a pur- chaser the said land: Provided always, that no lease of mortgaged or encumbered land shall be valid and binding against thc mortgagee or eneumbrancee, unless such mortgagee or encumbrancce shall have consented in writing to such lease prior to the same being registered.

Leaue for one yelrr

21. Every certificate of title shall be deemed to be issued subjevt

need not be registered.

to any unregistered lease or agreement for a lease, which shall have been g r a n t d for a term not &ceediug one year, in favor of a tenant

N ~ W

clawe.

in actual pposses$ion under

- - such lease! or agreement for a lease:

Provided
41" & 42" VICTORIB, No. 128.

Provided that no right or covenant to purchase the freehold con-	PART W.
tained in any such leasc or agreement, nor any right or covenant for renewal of such lease, shall be valid as against any subsequent purchascr of the reversion, lessee, mortgagee, or encumbrancee, unless such lease or agreement be registered or protected by caveat.

22. Where a lessee or his assignee shall have delivered to the Registmr-Generd

may onter euncntler.

lessor or his agent, the duplicate of the lease, accompanied by some writing signed by the lessee or his assignee evidencing his intention to give up possession of the land cornpriaed in such lease, the Com- missioners may, upon application to them by the lessor, and production of such evidence a s they may require, that the lessee or his assiguee has abandoned the occupation of the land comprised in thc said lease, authorise the Registrar-General to make an entry in the registry book of the surrender of such lease.

cncumbrmcee, or their respective transferees: may, before, at, or gages, &c.

28. The mortgagor and the mortgagee, the encurnbrancer and the Extension of mort

after the expiration of any morteage or encumbrance, and the lessor and lessee, or their respective tmnsferccs, may, before, at, or after the expiration of any lease, if agreeing to an extension of time for such mortgagc, encumbrance, or lcase, upon the same tcrms as mentioned in the mortgage, encumbrance, or lease, endorse upon the mortgage, encumbrance, or lease the word Extended," signed by the mort- gagor and mortgagee, encumbrancer and encumbrnncee, lessor and lessee, or their respective transferees, and duly witnessed, which shall mean a further extension for one year; or if the agreement is for a longer time may add such further words as may be required; and such extended term shall have thc same effect as if the same were expressed in the original instruincnt, and upon being presented to the Registrar-General- he shall enter a memorial on the copy of

And if any reduction or increase of interest or rent is agrecd upon,

such mortgage, encumbrance, or lease filed, as the case may require:

or other alteration of terms made, in consideration of such exten- sion, such reduction, or increase, or alteration, shall also be added: Provided that in thc case of an extension of a lease of land which is under mortgage or encumbrance the consent of the mortgagee or cncumbrancec shall also be obtained in writing.

24, ? T h e a mortgagor or the transferee of

his est4atc or interest Registrar-General

in any land shall deliver to the Registrar General the duplicate ~~~~f~~
memorandum of ~nortgago, and shall prove to the satisfaction of the Commissioners that all principal money and interest due in respect of the mortgage has been paid to the person entitled to receive the same, arid that sllch person is dead, or absent from the said province, the Commissioners may, notwithstanding the duplicate memorandum of mortgage sllall not contain any discharge of thc mortgage debt, authorise the Registrar-General to make an entry in the regigtry book of the discharge of such mortgage debt. PART

41'	& 42" VICTOBIX, No. 128.
--

Real Property Act Amendment Act.-1878.
-

PART

vx.

PART VI.

TRUSTS, TRANSMISSIONS,
No pdiculara of

trusts to be entered in	25. The Registrar-General shall not make any entry in the register book of the particulars of any trust, but trusts may be declared by any instrument (other than one intended to be registered under this A&, which in'strument may include as well'lands under the provisions of this Act, as land which is not under the provisions thereof, lands under this Act being distinguished from lands not under this Act, and a duplicate or an attested copy of such instru ment may be deposited with the Registrar-General for safe custody and reference, and such instrument may be deposited in the Registry Office pursuant to Act No. 22 of 1853.
register book.
l*ertiOnOf

L‘ no survivorship"

thewords

26, Upon the transfer of any land or any estatc, or interest in

instmmontofappoint- land, to two or more persons, as joint proprietors, to be held by them

ment of trustees to

operate to prevent a

as trlzstccs, it shall bc lawful for the transferor or transferee to insert

lessnumberoftrustees in the memorandum of transfer or other. instrument, the words " no	than those regrstered
dealing with the land sur~'jvorship	;" and the Registrar-Geni.ra1 shall in such case include him in the register book; and shall also enter the said words in somc conspicu&s place upon an! certificate of title issued to such joint proprietors, pursuant to such memorandum of transfer; and any two or more persons registered as joint proprietors of ally land, estate, or interest held by them as trustees, may, by writing under thcir hand, authorise the Registrar-General to enter the words " no survivorship" upon the graut, certificate of title, or other instrument evidencing their title to swh cstatc or interest, and also upon the duplicate of such instrument in the registcr book, or filed in his office; and after such entry has been made and signcd by the Registrar-General, in either such case as aforesaid, it shall not be lawful for any less number of joint proprietors than the number then registered to transfer or otherwisc deal wit11 the said land, estate, or interest, without obtaining an order of the Supreme Court or of a Judge thereof: Provided that if it be intended not
without orderof	such words in the memorial of such instrument to bc entered by

Court.

a certain specified number, words indicative of such intention may	to apply the said restriction until the trustees be reduced below
be entered in like mmncr, and in that casc the power of disposition
by survivors shall continue until the nnmber be so reduced.

su'mvors may never-	27. Nothing contained in the last preceding section shall all the powers and dntics of the trust other than in regard to trans- fers and dealings under this Act, nor from so transferring the land as to give effect to any valid appointment of a new trustee.
theless perform
duties or tranafex to	prevent the surviving or remaining trustee or trustees from exercising
new tnzstee.

Hotia6tabepubli~hed

28. Before making any such order as af~resaid,

the Court or

effect M

Judge shall, if it seem requisite, cause notice of

intention so to do,

to order.
either by public advertisement or .otherwise, and shall appoint a period of time within which it shall be lawful for any person interested to show cause why such order should not be issued or such
transfer

-- - -

41" & 42" VICTORIB, No. 128.

Real Property Act Ame?drnmt Act.-1

87 8.

-

transfer made; and thereupon it &all be lawful for the said Court or

PART

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, with, OF in the place of, any existing proprietor or proprietors, or to make such order in the premises as the said Court or Judge thinks just for the protection of the persons beneficially interested in such land, estate, or interest, or in the proceeds thereof; and upon such order being deposited with the Kegistrar-General, he shall make such entries and perform such acts as in accordance with the provisions of this Act may be necessary for thc purpose of giving effect to such ordcr.

29, Any person who shall have been registered without his Porsons may clisclaim

trusts by deed or

land, estate, or interest shall haw been transferred, bequeathed, or

dcvised, may execute a deed or other instrument of disclaimer of

such land, estate, or interest; and if such person shall have been

registered as proprietor, the Megistrar-General shall, upon production

of such deed or other instrument of disclaimer, cmcel, alter, or

correct the register book, certificate of title, or other instrument, or

make such other entry in the registcr book, and upon the certificate

of title, or other instrument to give effect to such disclaimer:

consent as proprietor of any land, estate, or interest, or to whom such otherwise, the person so disclaiming from any trust or other liability in case such person shall have acted in the trust.

30. Whenever any grant from thc

Crown

shall

contain thr par-

T r ~ ~ t a c ~ n t t i ~ e a d i t

grilntsfromthe C r ~ v n

ticulars of any trust for public purposes, ccvcry ccrtificatc of title for to be illsel+ed in cer-

the same land shall contain the like pnrticulars of trust as were con- :;$ :$iz: in

tained in the original grant.

31. Upon the proprietor of ally land, esta tc, or interest, Trnnsmission by

insolvency.

becoming insolvent or making any statutory assignment for the benefit of his creditors the assiiznees or trustees of' such insolvent sliall U

be entitled to he registered as proprietors in rcspect of the smir; ~ $ ~ ~ ~ ~ ~ ~ ~ ~ ~ < ~ e e 3

and the Registrar-General, upon being furnished with vvidence to be deemed regis-
of the appointment of such assignces or t,rustees, accompanied by tert cl proprietors.
an application in writing, under their hand to be so regi~tcrecl,
in respect to any land, estate, or interest thercin specified and
described, shall enter in the register book a memorandum notifying the appointment of such assignees or tnwtees, and upon such entry being made, such assignees or trustees shall be deemed and takcn to be the proprietors of the estate or interest of such insnlvrilt or assiqiior in such land. Provided al\v'ctys that in the case of a statutory assign- ment, if the same shall be declared fraudulent and void by the Court of Insolvency, and the assignor thcrcupon adjudged insolvent according to the laws in that behalf, the Registrar-General on
being certified thereof, and of the appointment of assignees under
such insolvency by a certificate under the hand of the Comnlissioner and seal of the said Court, shall enter in the register book a merno-
randurn notifying the same, and thereupon such assignees shall be

deemed

128-R
10 41" & 42" VICTORIB, No. 128.

Real Property Act Am~?zdntent Act.-1

878.

PUT v~

,	deemed and taken to bc the proprietors of the estate and intwrst of the said insolvent, and the said trustees in such land.

In8o1vency Of kaaee-

32, Upon thc proprietor of any lease becoming insolvent or making any statutory assignmcn t as aforesaid, the Registrar- General, unless the same be subject to a mortgage or encum- brance under the provisions of this Act, &all, upon thc appli- cation in writing of the lessee, accompanied by a statement in writing, signed by the assignees or trustees of such proprietor, certi- fying their refusal to accept such lease, or upon the order of thc Court of Insolvency on the application of the lessor, enter in the register book a note of such rcfusal or order, and such entry shall

operate as a surrender of

such lease.

brancee of the lease- 33. Upon the proprietor of any lease, ~ubject to a mortgage	MO*gagee Or enoum-
hold interest of an in- or encumbrance, becoming insolvent or making a statutory
'O1ventma~beentered as traderee cf a lease, assignment as aforesaid, the Registrar-General shall, upon the ap-

plication in writing of

the first mortgagee or encumbrancee, accom

., .>

hanied by a statement in writing signed by the assignees or .trustees of such proprietor certifying their refusal to accept such lease, enter in the register book a note of such refusal, and such entry shall operate as a foreclosurz, and the interest of the proprietor in such lease shall thereupon vest in such mortgagee or encurnbrancee, free from all other charges: Provided that no such oa try shall be made unless it be proved to the satisfaction of the ~ e ~ i s t r h r - ~ e n e r a l that the applicant, mortgagee, or encumbrancee, has given thirty days' notice in writing of his iniended application to every subsequent mortgagee or encumbrancee, or has obtained their written consent.

~ n t r y

oz discharge

not to prejudice cause

34. Under the preceding provisions as regards a lessee becoming insolvent or making any such statutory assignment as aforesaid, no entry of discharge or surrender respectively shall operate to prejudice any action, or cause of action, which shall have been

of action.

any statutory assignnlcnt, or have accrued in respect of any breach or	comrnenced previously to such lessee becoming insolveut or making
non-observance of	any covenants in such lease or mortgage rcspec-

tivel y.

Trannmission of real	3	5, Whenever the proprietor of any r e estate h	die,
eatate of deceased per-

Iona.

such real estate shall *be transmitted to his executor or ad- ministrator, or to the Curator of Intestate Estates, in any case where the Supreme Court shall make an order authorising the said Curator to administer the estate of the deceased proprietor; and the executor, administrator, or Curator shall, before auy dealing with such real estate, make application in writing to the Registrar- General to be registered as proprietor, and shall produce to the Registrar-General the duplicate grant or certificate of title and the probate of the will of the deceased proprietor, or letters of adminis- tration, or the order of the Supreme Court authorising the ~ u i a t o r

to administer the estate of the deceased proprietor, or an office copy of the said probatc, letters cf administration, or order, as

the
41' & 42' VICTORIB, No. 128,

the case may be; and thereupon the Eegistrar-General shall	PART VI.
enter on the ilunlicatc erant or certificate of title and in the
rrgistcr book a rnknorial: fthe date of the will and of the probate,

or of the letters of administration, or order of the Supreme Court, as aforesaid, the date and hour of the production of the same to him, the date of the death of such proprietor, when thc game can be ascertained, with such other particulars as he may deem necessary; ancl upon such entry being made, the executor, or administrator, or Curator, aa the case may be, shall be deemed to be the transferee and proprietor of such real estate or such part thereof as shall for the time being rewain unadministered, and the Registrar-Uencral shall note the fact of such registration by memorandum under his hand on the probate of the will, letters of administration, order, or other instrument as aforesaid: Provided Proviso.
always that the title of the executor, administrator, or Curator to such real estate shall back, and take effect as from the date of the dcath of thc cleceascd proprietor. And if in m y case probate or administration shall be granted to inore persons than one, all of them for the time being shall join arid coiicur ic every instrument relating to thc red estatc.

36. Subject to the ~?rovisiol;s

of this Act, the real cstate 01 any To be hcldupon truat

of will, or f o r next of

deceased proprietor devising such real estate shall be held by the G,,	,,heir	,t;~,,,
executor, or z~diniiiist~ator, according to the trusts and dispositions of such will; and as to the real estate of any proprietor who shall have died intestate as to the same since the twenty-fturth day of October, one thousailcl eight hundred and sixty-eight, t l ~ c same shall be held by the exccntor, achninistrator, or Curator, upon trnst for the said- intestate's next of kin, according to the law in force for such puispose; and, as to the 1ea1 estate of any prolxietor who shall have died intestate as to the same on or hefore ihe'twenty-fourth day of October, onc thousand cight hundred and sixty-eight, the same shall be held by the executor, administrator, or

Curator upon trust for the hei~at-law

of the deceased proprietor,

37. Any person 1.egistered in place of a deceased proprietor, or as PersonsTregiatered in

place of deceased or

the assigncc or trustee of a proprietor, becomilig insolvent, or

asaigoee, or trustee

making any statutory assignment as aforesaid, shall hold the land, of a proprietor tobe

proprietor of land for

estate, or interest in respect of which he is registered upon the p,o,e,,f	,&,
trusts, and for the purposcs for which the same is applicable by law, and subject to arw trusts and equities upon, and subject to which the drcens-d or insolvetit proprietor held the same; but for the pur- pose of any rcgistcred dealings with such land, cstate, or interest, he shall be deemed to be the absolute proprietor thereof.

38. The executor, administrator, or Curator may transfer the Trtmafer to next of
land of any deceased proprietor to the devisee, next of kin, or heir- kin.
at-law, or other person cntitlcd to the said land, or such part thereof
as shall for the time being remain unadministered.
41" & 42" VICTORIB, No. 128.

Red Property Act Amendment Act.+

-1 878.

39. Whenever an exccutor, or administrator, or curator, being

Proceedings in case

the proprietor of any land, or estate, or interest, shall refuse to

executor refuses to

transfer such land, estate, or interest to the devisee, next of kin,

transfer.

heir-at-law, or other person entitled thereto, or whenever unneces- sary delay shall arise in obtaining the transfer thereof, after tender of the instrument of transfer, by the person requiring or claiming the land or estate or interest to be transferred, the person so requiring or claiming to be entitled to the transfer thereof may, by motion or summons before the Supreme Court, or a Judge thereof, apply for an order that the executor, administrator, or Curator may transfer the said land, estate, or interest, and thcre- upon the Court or Judge may either rcfuse such application, with or without costs, to be paid by the applicant, or may, if satisfied of the justice of the case, make an order for the transfer of the said land, estate, or interest, and may direct the transferor personally to pay all the costs of such application and u ~ y damages the person aggrieved may havc sustained, or may order such costs do be paid by the transfelwr out of the estate of the deceased proprietor, or in snch other manner as the Court or Judge may think proper. The Court or Jndge may, in any application or proceeding under this section, decide on any qucstion relating to the title of any person who is party to the application or proceeding, and gerlerally may decide any question that it may be necessary or expedient to decide for the purposes of ordering the said land, estate, or interest to be transferred, or may direct a bill to bc filed, or an issue to be tried, in which the rights of the pariies may be decided, or any question of law may be raised.

Begiatration of

survivor of joint pro-

40. Upon the death of any person rcgistered together with any other person as joint proprietor of the same estate or interest in any land, or when thc life estate, in respect of which any certificate of title has been issued, has determined, and the cstate next registered

prietors.

in remainder or reversion has become vested in possession, or the

person to whorn such certificate of title has been issued has become entitled to the said la?~d for an estate in fee simple in possession, the

and proof to his satisfBctiori of any such occurrence as aforesaid, Registrar-General may, upon the application of the person entitled,

hereinbefore prescribed for the registration of a like estate or interest

upon a transfer of the freehold.

Snlc under writ of P.

fa., or decree, or

41, No execution issucd prior to or after the passiiig of this Act therein, but the Registrar-General, on being served with a copy of any writ offieri fhcias issned out of the Yupreme Court, or any other Court of competent jurisdiction, or of any decree or order of such Court, accompanied by a statement signed by any party interested, or by his attorney, solicitor, or agent, specifying the laid, estate, or interest sought to be affected thereby, shall, after marking upon such copy the time of such service, enter a notice thereof in thl? register book, which shall operate as a caveat against any alienation

order of Suprcme

shall bind, charge, or affect any land, or any estilte or interest

Court.

other

41" & 42" VICTORIB, No. 128.

-

~ A R T

YI.

other than in pursuance of the said writ, while the same remains in force; and after any land, estate, or interest so specified shall have been sold under any such writ, decree, or ordcr, the Registrar-General shall, on receiving a transfer thereof in one of the forms of the Second Schedule hereto, make an entry thereof in the register book, Schedule

and on such entry being made, the purchaser shall be drcmed the transferee and proprietor of S L I C ~ l a d, estate, or interest: Provided that until such service and entry shall have been made as aforesaid, no sale or tl-ansfer under any such writ, decree, or ordcr shall be valid as against a purchaser for valunblc consideration, notwith- standing such writ was actually lodged for execution at the time of the purchase, and notwithstanding the purchaser had actual or con-

structive notice of the lodgment of such writ.

Upon production to fhtiufactir~n

of Writ.

the Registrar-General of sufficient evidcncc of the satisfaction of any writ, a copy whereof shall have been served as aforesaid, he shall cause an entry to bc made in tllc register book to that effect, and on such cntry such writ shall bc deemed to bc satisfied. Evcry such writ shall cease to bind, charge, or affect any land, or cstn'e, or inlierest therein specificcl as aforesaid, ~ u A m a trnnsfcr upon a salc under such writ shall I x registcrccl within t hrcc months from the clay on which tlir copy was scrvcd.

CAVEATS.

42. h y

settlor of

land or bei1cficia1.y claiuiing uudcr any will or Cal-eats other than hp

estate, or interest, be made either absolutely or in such manner and to such extent only as in such caveat inay bc expressed, or until notice shall have been served on the caveator, or uiilcss the instru- ment of disposition be evpressccl to be subject to thc claim of the

caveatol. as may be

in surh c:~vcat. or to any colditions

suttlcinent, or ally person claimin5 to bc intcrcstcd undcr an agree- Registrar-General.

nient, or under any unregistered ~nstruuuent, or otherwise howsoeves

in any land estate, or interest, inay lodge a cavcat with the

conformable to lam expressed therein.

I. A caveat may be in the form and to thc ef£'cct in the 'i'liircl Schedule hereto, and shall be ~crificd by thc oath or statu- tory declaration of the caveator or his agent, and shall contain
m address within the City of Adelaide at which notices lniiy
be served:

r r. TJpon the receipt of a caveat the Registrar-General sl~all

nlalce

a mcrnornndum thereon of the clatc and hour of the reccipt thereof, and shall enter a inemorandurn thereof in tlic register book, and shall forthwith send a notice of such cavcat through the post office to the person against whose title such caveat shall have been lodged:
111. So long as any caveat shall remain in force prohibiting the
transfer

41" & 42' VICTORTB, No. 128.

. -

Real Property Act Amendment Act.-1878.

PAET VII.

transfer or other dealing with land, the Registrar-General shall not enter in the register book any memorandum of transfer or other instrumkit purporting to transfer or other-

,	wise deal with or affect the land, estate, or interest, in respect to which such caveat may be lodged.

rv. The proprietor or other person claiming estate or interest in the land may, by summons, call upon the caveator to attend before the Supreme Court, or a Judgc thcrcof, to show cause why such caveat should not be withdrawn; and it shall be lawful fbr the said Court or Judge, upon proof that such caveator has been summoned, and upon such evidence as the Court or Judge may require, to make such order in the premises, either c s parte or otherwise, as to the said Court or Judge shall seem fit:

+% ca~ea t

lodged by a settlor, or by or cn behalf of a beneficiary

under any will or scttlenient, or by the Registrar-General, pursuant to the direction of thc Commissioners as herein mentionect, may he removcd $p summons by thc Supreme Court, or any' Judge thereof, in manner provided in the preceding sub-section, but shall not lapse as hereinafter mentioned in rcspcct to other caveats; but in any other case the cavmtee may make application in writing to the Registrar-General to remoye such caveat, and thmxpon the Registrar-General shal! give twenty-one days' notice in writ- ing to the cavcator, rcqiiring that the caveat be witlldrawn;
and after the lapse of twenty-one days from the date of the
scrvice of such notizc, at thc address mentioned in the caveat, the I'Legist~.ar-Geriern1 shall remove such caveat from thc register book by entering a mernorandurn that the same is cliscl~arged, nnless he shall have been previously strved with an orcler f roin clle Supreme Court, or a Judge thereof, extend- ing the timc as hercira provided:
VI. Such cavcatee shall in such application give an address in

vir. The caveator inay apply by sunlmons to the Supreme Court, or a Judge thcrcof, for an ordcr to extend the time beyond the twenty-one days n~entioned in such notice, and s11o11 summons may be served at the address given in the applica- tion of the cavttatee; and it s l d 1 be lawful for the Court, or	Adelaide, at which notices and proceedings may bc served:
a Judge, upon proof that the caveatee has been summoned,
and upon such evidence as the Court or Judge may require, to make mch order in the premises, either ex yarte or other- wise, as the Court or Judge shall think fit:
VIII.	The caveator may, by notice in writing to the Registrar- General, withdraw his caveat at any time; but such with- drawal shall not prejudice the power of the said Court or a Judge to make an order as to payment of the costs of the caveatec by the caventor, incurred prior to thc receipt by the cnveatcc of notice in writing of the withdrawal of such caveat:

rx. An
41" & 42" VICTORIB, No. 128.
Real Property Act Ametzdment Act.-1878.
PART m. -

IX, An entry shall be made by the Registrar-General in

the

register book of the withdrawal, lapse, or re~noval of any
caveat or of any order made by the said Court or Judge:
X. It shall not bc lawful for the same person, or for any one on
his behalf, to lod e a further caveat in relation to the same

matter: but not f ling herein contained shall prejudice the	right of the Registrar-General to enter or continue any
caveat under the powers vestcd in him by section 12 of thc

Real Property Act of

l86 1

Any person other than the Registrar-General lodging or continuing any caveat wrongfully and without reasonable cause, shall be liable to make compensation to any pcrson who may have sustained damage thereby, and such com- pensation may be recovered by proceedings at law if the caveator shall have withdrawn such caveat, and no pro- ceedings shall have been taken by the caveatee as herein providcd; but if proceedings shall have been taken by the caveatee then such compensation shall be decided by the Court or Judge acting in the same proceedings; and in order to ascertain the amount, the Court or Judge may decide the matter, or may refer thc same to thc master of the said Court, or may proceed as enacted in Part VII. of " The Equity Act, 1866."

PART VIII.

PART

vrrr.

SPECIAL POWERS AND DUTIES

OF TBE REGISTRAR-

C3EXERA.L.
43. Every summons issued by the Registrar-General under the Proceedings under
powers vested in him by section 12 of the Real Property Act of summone*
1861, may be in the form in the Fourth Schedule hereto, and may be enforced by him in the like rnanncr and by the like proceeding,

and with the like penalty, as herein provided in sections 46 and 47

for the case of any instrument issued in error, or wrongfully retained.
44. Any person may, upon payment of a fee specified in the Eighth Search allowed,
Schedule hcreto, have access to the register book for the purpose of inspection during the hours and upon the days appointed for search.

I t shall be lawful for the Registrar-Gcneral to demand and re-

ceive such fees as shall be appointed by the Governor, not in any case

exceeding the several fees specified in the Eighth Schedule hereto.

Fees to be charged.

45.
46. In case it shall appear to the satisfaction of thc Registrar- Pemon to whom cm-

has been issued in error, or contains any misdescription of land been issued in error,

General that any grant, ccrtificatc of title, or other instrument 2F2::$2i1b"&;,,

or of boundaries, or that any entry or endorsement has been retainssuchinstm-

or who wrongfully

made in error on any grant, certificate of title, or other instru- mont, may be m m -

moned.

ment, or that any such grant, certificate, instrument, entry, or

endorsement,

41" & 42" VICTORIA,

No. 128.

Real Property Act Amendment Act.-1878.

PART

-- vII*-

endorsement, has bean fraudulently or wrongfdly obtained, or that any such grant, certificate, or instrument, is fraudulently or wrong- fully retained, he may summon the person to whom such grant, certificate, or instrument, has been so issued, or by whom it has been so obtained or is retained, to deliver up the same $01. the purpose of being cancelled or corrected, as the csse may rcqaire; and in case such person shall refuse or neglect to comply with such summons, or cannot be found, the Registrar-General may apply to a Judge of the Snpreme Court to issue a summons for such person to appear before such Court or Judge, and show cause why such grant, certificate, or other instrument, should not be delivered up to be cancelled or

Persons refusing to	corrected as aforesaid; and if such person when served with such
for cRnceliation or	summons, shall neglect OY refuse to attend isefore such Judgc or

deliver up certificate

rorrection,

arrested an l brought

Court, at the time therein appointed, it shali be lawful for such

before a ~

of the Judge to issue a warrant authorising and directing the person so

Supreme CLLI t.

summoned to bc apprehended and brought before a *Judge of the

Supreme Court for examination.

Court

order

47. Upon the appearance before the Suprcn~c

Court or Judge of

tificates of title to be

in certain

any person summoned or brought up by virtue of n warraut as afore-

and may

alteration to be made

saifl, it shall be lawful for the Court or Judgc, to examine such per-

son upon oath, and in case the samc shdl seem proper to order such person to deliver up such grant, certificate of' title, or other instru- ment as aforesaid, and upon refirsal or neglect by such person to de- liver up the same pursuant to such order, to commit such person to the common gaol of the proviuce, for any period. not exceeding six months, unless such grant, certificate of titlc, or instrument shall be aooner delivered up; and in such case, or in case such person shall have absconded, so that summons cannot be served upon him as hereinbcfore directed, the Court or Judge may direct the Registrar- G~nera l to cancel or corrcct any certificate of title or other instru- ment, or any entry or memorial in the register hook relating to s u ~ h

land, and to substitutz and issue such certificate of titlc or other instru~ncnt or make such entry R P the circumstances of the case may

require, and the Eegistrar-General shall give effec>t

to such order..

Powers

Court

direot cancellation of	48. I n any proceeding at law or ill equity respecting any land, coil tract relating thereto, or in respect of any iilstrument, ca \-cat,
certificate or entry.	or any estate or interest therein, or in respect of any transaction or
memorial, or other entry affecting any such land, estate, or interest, it shall be lawful for the Supreme Clourt or Judge, by decree or order, to direct the Registrar-General to cancel, correct, substitute, or issue any certificate of title, or any memorial, or entry in the register book, or otherwise to do such acts, or make such entries as may be necessary to give effect to the judgment, or decree, or order of such Court or Judge.

PART

41" & 42" VICTORTB, No. 128.

Real Property Act Ameivdment Act.-1878.
PART IX,
EJECTMENT,

of the land to appear before any Judge of the Supreme Court in possemon.

49. The following persons may summon any person in possession Summqna to give up

Chambers to show cnuee why the person summoned should not give
up possession to the wpplicant-
I. A proprietor of a freehold estate in possession where no transaction appears on the register:
rr, A proprietor of a freehold where a mortgage or mortgages
shall appear on thc register, provided he has obtained the

co~lsent

of the first mortgagee:

m.	A mortgagee t~gninst a mortgagor, or an encumbraiicee against an encumbrancer, in default:

IV. A lessor with power to re-enter where thc lessee or tenant is
in arrear for rent for three months, whether there be or be not sufficient distr~ss found on the premises to countervail such rcnt, and whether or not any previous demand shall have been made for the rent:
v. A lessor against a lesscc or tenant where a legal notice to quit has been given, or the term of the lease shall have expired.

50. The summons shall contain al, description of the land, and S~?rmmons

tocontain

shall require the person summoned to appear at the Supreme Court description of land.
Office on a day not earlier than sixteen days after the service of the summons, and thereupon, or so soon after as a Jndge shall be in attendance, the summons shall come on to be heard. The summons shall be served in the same manner a s a writ of ejectment is served.

51. On the day appointed for the hcaring of the summons, if the 0" non-appearance to

summons, or consent

person do not appear, then upon proof to thc satisfaction of a Judge to ,, ,,del,,

~~d~~

of the due service of such summons, and upon proof of the titlc by

0 ' 9 immediate

the plaintiff, and if any consent is necessary by the production and

possession.

proof of such consent, the Judge may order immediate possession to be given to the plaintiff, and which ordcr shall have the cffect of, and may be enforced as, a judgment in ejectment.

52. If the person summoned shall appear, he may show cause On cause shorn

Judge may dismiss

why he refuses to give up possession of such land; and if he proves

costs,

to the satisfaction of thc Judge ,z right to the possession of the land, or may order by con-
the Judge shall dismiss the summons with costs against the plaintiff; sent.
or by conscnt, he may make any order and impose any terms he may
think fit: Provided that the dismissal of the summons shall not Proviso.
prejudice the right of the plaintiff to take other proceedings against
the person summoned to which hc may be otherwise entitled: Pro-

vided also: that in the case of a lessor against a lessee, if the lessee ~;$,YJ";;;P~;~	before the hearing pay or tender all rcnt due, and all costs incurred dismiss aummons.
by the lessor, the Jndge shall dismiss the summons.

53. Nothing
128-C
18 41' & 42' VICTORIB, No. 128.
Real Property Act Amendment Act.-1 878.

PART

IX,

53. Xothing herein contained shall repeal, affect, or abridge, any

Existingrightspre- remedies which a plaintiff is by law entitled to, whether by the

sewed.

Local Court Act for the time being, or otherwise howsoever.

On order for posses-

54, When an order for possession shall have been obtained under

hia ba+E may t h the provisions herein contained, the plaintiff or his bailiff shall bc

aion, the plaintiff or

068~881012. rit of hadere facia8 entitled to enter and take possession of the land named in such

unnecessary where no mmmons, without issuing out any writ of habere facins if such

One is in poasesmon, plaintiff or his bailiff shall find no person in possession of the land,

or the land is surren-

dered voluntarily.

or the person or pcrsons in possession shall voluntarily give up and

surrender possession to such plaintiff or his bailiff.

--
PART X.
ASSURANCE FUND.
Persona claiming

may before action

55. Any person sustaining loss or damage in any case in which

brought apply to

heretofore he would have been entitled to bring an action to recover

Commi~sioners in

writing for com-

damages against the Registrar-Oeneral as nominal defendant, may,

pensation.

bdorc: conmiencing proceedings against the Registrar-General, make application in writing to the Cornm;.ssioners for compensation, and such application shall be supported by affidavit or declaration; if they admit the claim, or ally part thereof, and certify accordingly, thereupon the Governor may, if he shall think fit, issue a warrant to the Treasurer for the a m o u ~ t so certified out of the Assurance Fund.

Limitation of actionam

56. No such proceeding for recovery of damages for or by reason of any deprivation, loss, or damages occasioned or sustained as afore- srtid, shall lie or be sustained against the Registrar-General, or against the Assurance Fund, or against the person against whom such action is pcrrnittcd to be brought, as provided by section 125 of the

Rcal Property Act of 1861," nor shall the Commissioners certify as herein mm tioned, unless such proceeding shall have been brought or commcnced, or application sliall have been made to the C~omrnissioners

so to certify within the period of twenty-one years fiom the date of

such deprivation or from the date when such loss or damage first

accrued or was occasioned or sustained to or by the permn bringing or

commencing such action, or making such application, in case s w h person, or the person under whom he shall claim, was then entitled to bring or commence an action or to make an application as afore- said, or within the period of twenty-one years, from the time when the right of such perbon or proprietor to bring or commence ,an action, or to make an application as aforesaid first accrued: Provided that if it shall be made to appcar to the satisfaction of the Court before which such proceeding shall be tried, that the plaintiff or the person through or under whom he claims or derives title, had actual notice of the fact occasioning the loss or damage complained of, and that he wilfully or negligently urnitted to lodge a caveat, or allowed

R caveat to lapse, or otherwise neglected to protect his land, esta'te,

or iaterest against such loss or .damage, then, and in such case, the plaintiff in such action shall be nonsuited. 57. Any

41" & 42" VICTORIB, WO. 128.

Real Property Act Amendment Act.-1878.

57. Any person deprived of any land, or of

any estate or interest

PART X-

in land, in consequence of any such land having been included in Where same land

is included in two or

two or more grants from the Crown, may cornrrlcncc and prosecute ,,,,

,ts

from the

proceedings for the recovery of

damages against such person as the Crown, proceedings-

Governor may appoint as nominal defendant, in manner provided for

Assumnce Fund not

liablu in case.

in "An Act to give relief to persons having claims against the Local such validity of such claims in a Court of Law or Equity," being No. 6 of

1853, or by any other Act for enforcing pecuniary claims against

Her Majesty, Her heirs and successors, and in every such case the

Assurance Fund shall not be liable for compensation.

58. The Assurance Fund shall not, under any circumstances, be Assurd~ice

Fund not

liable for compensation for any loss, damaw or deprivation' occa- liable in certain CRSM.

b. '

sioned by the breach of any trust by a proprietor, whether express, implied, or constructive, or' by the improper exercise of any power of sale expressed or implied in any memorandum of mortgage or encurnbrancc, nor shall the Assurance Fund be liablc in any case in which such loss or deprivation has bccn occt~sioaed by any land being included in the same certificate of titlc with other land, through misdescription of the boundaries of any land, unless in the case last aforesaid, it shall be proved that thc person liable for com- pensation and damages is dead, or has absconded, or has been adjudged insolvent, or convicted of felony, or the Sheriff shall certify that such person is unable to pay the full amount and costs awarded in any action for recovery of such compensation; and the said fund shall be liable for such amount only as the Sheriff shall fail to recovcr from the person liable as aforesaid.

59. Notwithstanding anythin,a to the contrary contained in the Claims against the

Aesurance Fund bow

Real Property Act of 186 1 ," all proceedings which heretofore would

enforwd.

have been brobght against the Registrar-Gcncrd as nominal dcfen- dant or against the Assurance Fund, or as provided by section 125 of the G Real Property Act of 1@61," and all claims against the said

be instituted in the Supreme Court against the Kegistrar-General

-4ssurance Fund under this Act, shall after thc passing of this Act

as nominal defendant, and the proceedings thcrefor shall be as

follows :--

I. The claimant shall upon affidavit move the Supreme Court, or a Judge thereof, for a rulc or summons calling upon the Registrar-General to show cause why such claimant should not be allowed the relief claimed; and the Supreme Court, or Judge, if satisfied that a rulc or summons should

be granted, sllall grant the same accordingly, and s ~ ~ h

rule

or summons shall be returnable not less than seven days
after the service thereof on such Registrar-General.
11. The Registrar-General may show cause against such rule or summons, and the Court or Judge may thereupon, or if no cause be shown, upon proof of service of the rule or summons, make absolute or discharge the same, and with

20 41' & 42' VICTQRIlE, No. 128.
Real Property Act Amendment Act.-1878.

PART

or without costs on his or their discretion; or the Court or Judge, if satisfied that other persms should be before them on the said rule or surnmons, may require such persons to be served with notice thereof, and for that purpose adjourn the consideration of the mid rule or summons, or may, if they or he think fit, direct any question of fact to be decided before the said Court, or one of the Judges of the said Court, and either with or without a jury, aGd for that purpose may direct an issue to be tried wherein the claimant shall be plaiztiff and the licgistrar-General shall be defendant, and the said Court or Judge shall direct when and where the trial of such issue shall take place; and the Court may also direct the parties to produce all deeds, books, papers, and writings in their custody or power, on oath before thc Master, on a day to be named by the ('ourt, and each party shall havc liberty to inc-pect the same, and take copies thewof, at their own expense; and such of them as either party shall give notice to have produced at the trial, shall he produced accordingly, and that the issue may bc in the form following :-

I n the Sapreme Court.

The

day of

in the year of our Lord, 18

SOUTH

AUSTRALIA Whereas A.B. has sued C.U., and

to wit.

affirms and

denies

(here state the question of efLci: or .facts to 6.9 t.l.ied) and it has
been ordered by His Honor Mr. Justice according to the "Real Propert] Act of 1861," that the said question shall be tried by a Jury: Therefore let the same bc tried accordingly. And in case the payties differ upon the question or questions to
bc tried, the C'ourt or Judge may either settle the same or
otherwise refer it to the Master:

IIT. If the Comt shall firid that the claimaut is entitled to all or some of the matter claimed by him, the order of the

Court shall declare the damages to which the claimant is

entitled, and the Cwr t may make such order as the

circumstances may require:

IV. Every order of the Court slid1 have such and the like eff'ect as a judgment of the Court in an action, and the amount thcreof5 with costs if ordered, shall be paid by the Registrar-General out of the Assurance Fund:
v The claimant shall, if nnsucccssful, pay to the Rcgistrar- General all costs incurred by such proceeding, if so ordered by the Court or a Judge thereof."
PART XI.

MISCELLANEOUS

PROVISION S.

60. Notwithstanding the reservation of rights of way or other
easernents in section 40 of the 'LReal Property Act of 1861,"
it

41" & 42" VICTORI&, No. 128.

Real Property Act Amendment Act,-1878.

XI-

it is llcreby enacted that no right of way or other easement hereafter

creatcd by express grant in, upon, over, or under any land hcreaftrr :$:isf	wayt0bt
brought under the prorisions of this Act shall Fe binding on any transferee qf the land, unless such right of way or other easerrwnt shall be entered in the register book, and on the grant or certificate of tit,lc.

same in allotments shall deposit with the Itegistrar-General a map, depos~ted.

6 1. Any proprietor subdividing land for the purpose of selling the Maps? QC., to be

in duplicate, of such subdivision, provided that such map shall exhibit, distinctly tieheated, all roads, streets, passages, thorough- fares, squares, o r reserves appropriated or set apart for public use; and also all allotments into which the said land may be divided, marked with distinct numbers or symbols; and every such map shall be signed by the proprietor of the laud or his attorney, and shall be accompanied by a declaration by a lic~nsed surveyor that he has personally inspected such land, and that such map is a correct delincation of the subdivision thereof: Providecl that no person shall be permitted to practice as a surveyor under the provisions of this Act unless specially 1iceizsecZ for that purpose by the Surveyor-Ciencral.

62. Subject to the provisions of section 134 of the 'Real Pro- NO acquisition of title

perty Act of

1861," a title to any land adverse to or in derogation by adverse poaeesaion.

of the titlc of thc registered proprietor shall not be acquired by any length of possession.
63. An equitable mortgage or lien upon land may be created by Equitable mortgage

deposit of the grant or certificate of

title, and such deposit shall have may be

the same effect on the estate and interest of

the depositor as a deposit

of the title deeds of land not under ';he operation of this Act.

64. Every certificate of title of any person or corporation, aggre- Mode of inheritance

or succession shall be

gate or sole, being the proprietor of

an estate in fee simple, whether implied,

in possession, remainder, or reversion, and every instrument transfer-

ring or creating such estate to or ill favor of any person or corpora-	tion, shall imply and be deemed to include the heirs of such person
or the successors of such corporation.
I

65. Where any person who (if not under disability) might have Proviision fir pernon
made any application, given any consent, done any act, or bccn under"sability-
party io any proceeding under this Act, is a minor, idiot, or lunatic,
the guardian or committee of the estate respectively of such person,
may make such applications, give sucb consents, do such acts, and
be party to such proceedings as such person respectively, if free from
disability might have made, given, done, and been party to, and
shall otherwise represent such person for the ptrposes of this Act;
where there is no guardian or committee of the estate of any such
person aforesaid, being infant, idiot, or lunatic, or where any person
the committee of whosc cstates, if he were idiot or lunatic would be
authorised to act for and represent such person under this Act, is of

unsound

41" & 12" VICTORIB, No. 128.
Red Property Act Amendment Act.-1 878.

P A R ~

a unsound mind, and incapable of managing his affairs, but has not been found idiot or lunatic nnder inquisition, it shall be lawful for the Suprernc Court, or a Judgo thereof, to appoint a guardian of such person for the purposes of any proceedings undcr this Act, and from time to time to change such guardian; and where the Court or a Judge thereof sees fit, i t may appoint a person to act as nest friend of a married won an for the purpose of any proceedings under this Act, and from timc to timc rcmove or change such next friend.

No person except

solicitors and land	66. No person other than n solicitor or land broker shall be en- against such person for work and labor done or money expendcd, in reference to applications, transfers, or instrum;nts relating to land under the provisions of this Act: or to have any lien or right to retain any deed, papcr, or writing which shall have come into his possession in reference to any such p~oceedirgs.
brokers entitled to	titled to sue for or receive any fees, costs, or charges, or to have ally
recover

done under this Act.

*or work right to set off any such fees,-costs, or charges in any action brought

Unregistered instru-

ments to confer claim

67, Every instrument signed by a proprietor or others claiming through or undcr him, purporting to vass an cstatc or interest in land for the registration of which nrovision is made bv this Act, shall until re&ered be deemed to pdr9rr upon the persck intended to take under such instrument or others claiming through or undcr him a right or claim to the registration of suvh cstate or interest. And the Commissioners, upon application made for that purpose oy any person other than the persox immediate1 y claiming under or in respect of the instrument siglied by a proprietor, may either reject such application altogether, o: may direct the Registrar-General to register the applicant as proprietor of the land, estate, or interest forthwith or at the expiration nf some defined period of time. And

to registration.

may further direct such other entries to be made in the register

book, and such advertisements to be published as may bc in their opinion necessary: Provided always, that on registering any such applicant the Registrar-General shall so far as possible errtor the like memorial of every instrument produced by the applicant which may

confer the right or ciaim aforesaid, as if such instrumcnt had been

duly presented for registration in its proper order of time. And

the duplicate grant or certificate of title shall be delivered up, and the like memoriczls or other entries made thereon: And provided also that no such registration shall be made if it woulcl interfere with the right of any person claiming undcs any instrument previously registered under this Act,

Equitde jurisdiction

68. Nothing contained in this Act shall take away or affect the jurisdiction of the Courts of Law and Equity on the ground of actual fraud, or over contracts or agreements fbr the sale or other disposi- tion of land, or over equitable interests gonerally: And thc intention of this Act is, that without prejudice to the provisions herein con- tained for preventing the particulars of any trusts from being entered in the register book, and without prejudice to the powers of disposi- tion or other powers conferred by this Act on proprietors of land

not abolished.

under

41" & 42" VICTORI&~, No.

128.

Real Properly Act Amendment &S.--1878.
--

under the provisions of this Act, all contracts and other rights

PART X ~ +

arising from unregistered transactions may be enforced against such proprietors of land in respect of their estate and interest therein in the same manner as snch contracts or riqhts may be enforced against proprietors in respect of land not undcr the provisions of this Act: Provided that no unregistered estate, interest, contract, or agreement shall prevail against the title of any subsequent purchaser, mortgagee, lessee, or encumbrancee, duly registered undcr this Act.

69. Notwithstanding anything contained in clause 151 of the Lisprnhfis not to be
Equity Act, 1866, the Registrar-General shall not register any lis
peqdens affecting lands nnder the provisions of this Act, but any
party to any suit, or his solicitor, or any person claiming to be
interested in such suit, may enter a caveat,

70. Whenever, in any application or instrument under this Act, Short form for er.

pressing covenantr

the following words shall be used '' Exccpt and always reserved to gi-g

a right U

all coals, seam of coal, mines, minerals, and mines,
quarries," they shall Fe taken to h a w the same effect, and be con- strued as if the form of words contained in the Fifth: chedule here- to, had been inserted therein; and the Registrar-General, on issuing a certificate of title shdl insert the words so used in tlle apldication or instrument, and the same shall be as binding and cff'ectual as if he had inserted therein the words at length contained in the said Fifth Schedule.

though land, or whenever any order hr the exchange of any water land under Act.

7 1. Whenever a public road is defined and duly confirmed Public roads through

reserve has been confirmed l~nder the " District Councils Act, 1836," the title of which land so opened as a# road or exchanged as a water reserve is under the Real Property Act of iM1, the Surveyor- Gcneral shall forthwith forward particulars of the date of such confirmation, the width, length, bearings, and measure- ments of such road, and all other ncccssary particulars, to the Registrar-General. who shall makc the necessary alteration	on any deposited plans of such land, and refkr to the date of such	confirmation, and also make an cntry in the register book, and alter
the plan in the margin thereof in accordance with such particulars, and require the registered proprietor or any mortgagee or cucum- bmicee, who may hold the same, to deliver up the grant or certificate of titlc for the i~urpose of being cancelled or corrected as the case may require.

72. Whenevw any married woman slmll make, or join in, any Separat? examination
application to bring land under the operation of this Act, or of manied women,
other dealing under this Act, by means of which her estate or
interest in land inay be alienated or diminished, it shall be neces-
sary and sufficient, in addition to such dealing being registered, in
order to give effect thereto, that she be scparately cxamined apart

.	from her husband, and acknowledge that such application or dealing is made or entered into freely or voluntarily; and such acknowledg-

ment

24 41" & 42" VICTOKTB, No. 128.

Real Property Act Amendment Act. -1

87 F.

rnent may be in the form of the Sixth Schedule hereto, and shall be certified under the band of some person authorised to receive the same, and may be so made and certified either before or by ar.y one of the persons authorised by the Acts, No. 15 of 1845, and No. 23 of 1872, to take acknowledgments of the deeds therein men- tioned, or before and by the Registrar-General. A married woman entitled to her separate use, and not restrained from anticipation, shall, for the purpose of this Act, be deemed a $fernme sole.

Power of Supreme

73. Any special jurisdiction by this Act given to the Supreme

Court.

Court or a Judge, shall not prejudice or take away the ordinary

jurisdiction of the said Court, either at law or in equity.

Jurisdiction of

Bupreme Court.

'74. Whenever in any action, suit, or other proceeding, affecting

the title to land, estate, or interest subject to the provisions of this Act, it shall become necessary to determim the fact whether the transferee, mortgagee, encumbrancee, or lessee, is a purchaser or transferee for valuable consideration or not, any person who shall be
a party to such action, suit, or other proceeding, may give in evidence
any memorandum of transfer, mortgage, encumbrance, lease, or other instrument affecting the title to such land, estate, or interest in dis- pute, although the same may not be referred to in the certificate of title or may have been cancelled by the Registrar-General, anything in this Act contained to the contrary notwithstaading.

Rules of supreme	75, In the conduct of actions and other proceedings provided for
Court to apply, and

same right of appeal, under this 14ct, there shdl be the same rights of appeal, and thc

ae in ordinary actiona. same rules of proccdurc, and practice shall apply, as are in force or

exist for the time being, in respect of actions and other proceedings of a similar nature in the Court in which such action or proceeding may be tried or tnkeu, except as the same are varied or altered by

Su reme Court may

the rules and regixlntions contained in the Seventh Schedule liereto;

~B!L

~ULOB,

and the said Court shall have the power fioni time tot time to make

such additional or altered rules and regulations, and new or altered	.
forms of proceedings, and from time to time to repeal, alter, or vary the then existing rules and regulations, and iu make 11et.v rules and regulations. and forms of proceeding, for the practice a d procedure of the said Court in regard to matters undcr the " Real Property Act Amendment Act of 1878."

Feen of Court.

76. The Court shall have the power to fix and regulate, from time to time, the fees payable upon a l l proceedings befcre the Court; and until the Court shall otherwise order, the fees payable shall be according to the fces payable in respect to proceedings of a similar nature in the said cot&.

Puniahmentof

77. Any person convicted of felony or perjury under this Act,

shall
silo R: 42" VIC'TORIB, No. 128.
Real Proper& Act Amendment Act.-1878,

shall be liable to imprisonment for any term not exceeding four-

PART XIL.

teen years, 'and be kept to hard labor and solitary confinement for

any part of the period aforesaid.

78. This Act shall be construed together with the said " Real Incorpolation*

Property Act of 1861 ;" except in so far as any portion of the said 'l Real Property Act of 1861 " is repealed, altered, or added to by this Act.

79. In the construction of this Act, wherever the words " this Inteqretation

Act," "the said Act," or " herein contained," occur, such words, unless incdnsistent with the context, shall be held to mean as well

this Act as also the " Real Property Act of

186 1 ."

In the name and on behalf of Her Majesty, I hereby assent to
this Rill,
WM, F. DRUMMOND JERVOIS, Governor.

SCHEDULES

d
41" & 42" VICTORIZ, No. 126.

---

Real Properg Act ~ m e n d m e h

Act.-1878.

SCHEDULES REFERRED TO.
FIRST SCHEDULE.

Repeal of the following sections of the Real Property Act of 1861 :-24,

28, 29,

44, 45, 47,66,67,68,

75, 7 6, 7 7, 7 9, 80, 81,82, 83,84,86, 87, 93, 97, 100, 101, 102,

104, 105, 108, 117, 118, 119, 120, 130, 132, 135, 136, 137, 140, 142.
Repeal of the following Schedules of the Real Property Act of 1861 :-Schedules
M. P.
SECOND SCHEDULE.
SOUTH AUE~RALIA.

Form o f Transfer o f Land under

W~it

of l3'et.i Facia$.

I, (irsrert name), as the Sheriff of South Aa~stralia [the person appointed to execute the writ hereinafter mentioned] in pursuance of a writ of Jieri jacias, tested

the

day of

, one thouman6 eight hundred and

and issued out of the Supreme Court in an action wherein

is the plain-

tiff and

the defendant, wh;cll sdid

is registered as

the proprietor of an estate fhere state n a l w e o f the estate) i n the land hereinafter
described, subject to the mortgages or incumbrances notified hereunder, to effectuate the sale, do hereby in consideration of the sum of paid to me by E.F.

[insert additio?,) transfer t o the said E.F.

till the edate and interest

of the said

in all :hat

piece o f land being f h v e ins&

a suficient

descr+tion

the land, and r g e r to t i e debtor's csrt~jScate

of title oi. land grrcnt),

Dated the	:gI	one thousand eight hundred and
Signed by the said

presence of
Signed by the said E F- in the

presence of

Mortgages and Encumbrance8 referred to

SOUTH

AUSTRALIA.

Form of

l'vansfeel- of Lerrse, Mortgage, or Bncumbrance under W r i t of J1ieri Facias.

I (insert name), as the Sheriff of South Australia, as the person appointed to execute the writ hereinafter mentioned for otherzoise as the casemay be), in parsuance of a writ of Jieri faczas, tested the day of one thousand

eight hundred and

and issued out of the Supreme Court in an action wherein

is the plaintiff and

the defendant, which said

is registered as the proprietor of alease [mortgage or encurnhrance ns $,%g case may he] numbered of [or upon] the land hereinafter described, subject to the mortgages and encumbrances notified hereunder, and to effec uate such sale made, and having sold the land, do hereby, in consideration of the sum of paid to

me by E.F. [znsert nddition] transfer to the said E.F.

all the estate,

and interest of the said, as s ~ ~ c h registered prnprietnr in all that
piece of land [here descrzbe the land accordiny to the descr+tiou in ,he lease, rnortgcxqe,
or emumbrancc, and refer to the registered imtrument]

Dated the	day of	, one thousand eight hundred and
Signed by the said

in the presence of	l
In the presence of

Signed by the said Ell;".,
Mortgage and encumbrance referred to.

--.-	41" & 42" VICTORIB, No. 128.

Real Property Act A~nendment Act.-1878.
SOUTH AUSTRALIA.
Form o f Transfer o f Land under Decree or Order of Suprms Court.
I, (inaert name), in pursuance of a decree or order of the Supreme Court, dated

the

the day of

, one thousand eight hundred and

, and

entered i n the register book, vol., fol., hereby traosfer,to E.F. (insert

addition), subject to the encumbrances notified hereunder, all the estate and interest

of [who is registered as the proprietor of an estate (here state

nature qf the estate) in the land hereinafter described] in all that piece of land being (here insert a su. c i en t description gf the land, and refer to the cert9cato o f titil or land grant).

Dated the	day of	one thousand eight 'hundred and
Signed by the said

in the presence of	1
in the presence

Signed by the said E.F.

Mortgagee and encumbrances referred to.

F o r m of Transfer of l ease, Mortgage, or Enorwbrance under Decree or Order o f

$upreme Court.

I, ( k s e r t name), in pursuance of a decreee or order of the Supreme Court,

dated

the

day of

one thousand eight hundred and

and entered in the register book, vol., fol., hereby transfer to E.F.

(enserl addition), uubject to the mortgages or encumbrances notified hereunder, all

the estate and interest of (who is registered as the proprietor of a lease

[or mortgage, or encumbrance,

as the case m a y be], numbered

[or upon

the land hereinafter described] in all that piece of land (here i m e r t deswiptton o f the

land, according to She description in the lease, mortgage, or encumbmnce, and refer to

the registered instrumetdsj.

Dated the	day of	, one thousand eight hundred and
Signed by the said

in the presence of

Signed by the said E.F.

in the presence of

Mortgage and encumbranc:e referred to.

T H I R D

SCHEDUDE.

Caveat forbidding

Registration, or dealing wi th Estate o r Interest.

To the Regishar-General of South Australia.

Take notice that I, A.H.. of (residence) fdescription) claiming fhere state the nature o f the estate or interest claimed, and the grounds upon which such claim is founded) in (describe land, and refer to Znnd grant or certi$cate o f titlc) forbid

the registration of any dealing with the before-mentioned estate or interest wril this caveat be withdrawn by the caveator, or by the order of the Supreme Court, or a Judge thereof, or unless such dealing be subject to the claim of the caveator, or until after the lapse of twenty-one days from the date of the service of notice by the caveatee, at the following address-

Dated this

day of

I, the above-named A.B., or C D. , of (residence and description) agent for the above A.B., make oath for affirm, as the case m a y he) and say that the allegations in the above caveat are true in substance and in fact [or, ?no personal knozuledge), as I have been informed and verily believe].

Sworn, &c.

FOURTH

SCHEDULE.

Sumnaons.

I n the matter of the Real Property Act.

A.B. (insert addition) is hereby summoned to appear before me at the Lande Titles
Offi3e
41" & 42" VICTORIB, KO. 128.
Real Property Act Amendment Act.-1878.

. - -

Office, on

the

day of

, one thousand eight hundred

and	of the clock in the [fore o r after] noon, then and there to

9 at
be examined at the instance of C.D. (insert oddition) concerning, and the said A.B. is hereby required to bring with him and produce at the time and place afore~aid (describe documents), and all other writings and dr cuments in his custody or power in anywise relatmg to the premises.

Given under my hand the

day of

, one thousand eight hundred and

, Registrar-General.
FIFTH SCHEDULE.

Except and always reserved to

his heirs and

assigns, all coals, seams of coal, mines, minerals, and quarries of done, slate, and other minerals which now are, or at any time hereafter may be found in, upon, or under the said land and premises,-with full liberty of ingrcsa, egress, and regress, at all timee, to and for the said his heirs and assigns, and his and their agents, servants, and workmen, and all others to be by him or them authorised, at all times, and with or without horses and other cattle, carts, or other carriages, laden or unladen, engines, machinery, and all necessary implements and things, into, upon, and from the said land and premise~, and every or any part thereof, and there to view, survey, dig for, wurk, store carry away, sell, and dispose of the said coals, mines, minerals, and quarries oi stone and slate; and also for the purposes aforesaid, to erect steam engines and other machinery, with the buildings necessary thereto, sink pits, make wagon-ways, and to use all other inventions and means for draining, ainking, storing, leading, carrying away, selling and dis~osing of the same, doing, or suffering to be done as little damage as possible theiein, and paging and allowing to the said his heirs and assigns,
a reasonable compensation for damage to the surface of the said land, or any build-
ings or fences thereon.

S IXTH

SCHEDULE.

Cer ttjfcate of Ackttow~edgement of Married Women.
I certify that this instrument was this day produced before me, and was acknow- ledged by, the wife of, therein named, being personally preeent before me, and being of full age and competent understanding, to be her act and instrument; previous to which acknowledgment the said being examined by me separately nnd apart from her husband touching her knowledge of the contents of the said instrument, and her consent thereto, declared that rrhe fully underst, od the nature aad effect thereof, and the same was freely and voluntarily executed by her.

As witness my hand this

SEVENTH SCHEDULE.

day of

(Biped.)

Bules and Regulations for Procedure in the Mbtter of Cavents.
Pers6n entering caveat

to cstablimh his claim.	1. The chveator may take proceedings to establish his claim, and such proceedings as concively as may be, a statement of the material facts on which the petitioner rclies, such statement to be divided into paragraphs, numbered consecutively, and each paragraph shall contain, as nearly as may Ire, a separate and distinct allegation, and shall state specifically what estate, interest, or charge the petitioner claims; and the said Court, upon the receipt of such petition, shall appoint a time for hearing the same.
Proeecdings to be had	shall be by wag of petition to the Supreme Court, which ehall be filed, and shall contain,
thereon.

Copy of petition to be

2. The petitioner shall cause a copy of such petition, with the time appointed for

nerved upon claimant L

hearing, to be served seven days at lea& befure the time appointed for the hearing

of the said petition, on the caveatee, at the address given in hie application.

[Jhowing came

petition.

3. On the day of hearing, the caveatee is peraonally, or by counsel, to show c a m,

Hmdng petition on

and if necessary by affidavit, why the prayer of such petition should not be ordered.

non-attendance of

4. If the caveatee shall not appear on the day appointed for the hearing, the Court

akLn&nt.

may, upon due proof of the nervice of such petition, make such order, in the absence

of
41" & 42" VICTORIB, No, 128.
Real Property Act Amendment Act.-1878.

of the caveatee, either for the establishment of the rights of the caveator, or as the

nature and circumstances of the case may require, as to such Court may seem meet.

5, On the day appointed for the hearing of the petition, and on hearing the same, Wesring of pestion.

and the affidavits, if any, filed in support thereof, and upon reading any documents

in the Registry Ofice, and hearing what may be alleged on behalf of the caveatee,

the Court may, if i t shall think fit, make an order for establishing the right of the caveator, or directing any inquiries to be made or other proceedings taken for the purpose of ascertaining the rights of the parties, and for that purpose may order the petition to be served on any other persons the Court may consider necessary, and every person so served shall attend at the hearing of the petition, or the Court may

d i smi~s

the petition.

6. The Cuurt may, if i t shall think fit. direct any question of fact broughl before it Quelltion of fact miy bo

t o be decided before a Judge thereof; and for that purpose may direct an issue to be	a Jury.
tried, wherein the caveator shall be plaintiff and the caveatee shall be defendant; and the said Court shall direct when and where the trial of such issue shall take place, and shall also require the caveatee and caveator aeverally to name an attorney

to act on his behalf; and the Court mav also direct the parties to produce all deeds, Parties to produce deeds,

books, papers, and wrrtings in thew custody or power, on oath before the Master, on "C.

a day to be named by the Court, and each party shall have liberty to inspect the

same, and take copies thereof, at their own expense; and auch of them as either FOr"O"SgUe~

party shall give notice to have produced at the trial, shall be produced accordingly,

and that the issue may be in the form following, viz. :-

In the 8upreme Court.

The

day of

in the year of our Lord, 18

SOUTH

AUBTRALIA

Whereas A.B. has sued C.D.,

and

affirms and

to wit

denies { J w e state the qtceatiolt of fact

facts to ba tried) and it

has been ordered by His Honor Mr. Justice

ac~ording

to the Real Property Act,

ahall

that the said question be tried bp a jury: Therefore let the same be tried accordingly. may either settle the same or otherwise refer it to the Master.

7. If the Court shall find that the caveatar is entitled to all or some of the matter proceeding^ where peti-

claimed by him, the order of the Court shall declare what is the estate, interest, lien, ,l,i,,	tioner establishes his
or claim to which the caveator is entitled, and the Court may make such order as the circumstances may require, and shall have power to afford the caveator the same relief as upon a suit commenced by bill as hereinafter mentioned.

8. Every order of the Cuurt shall have such and the like effect as a decree or ~ t ~ ~ c t o f o r d e r.

decretal order of the Court made in a suit commenced by bill, and duly prosecuted to a hearing, according to the present practice of the Equitable Jurisdiction of the Court; and the Registrar-General shall make such entries in the register, and do such things as may be necessary to give effect Ici the order of the Court.

9. If, at the hearing of such petition, i t shall appear to the Court that, for the Courtmayreqx~ire billta

purposes of justice, i t i~ necessary or expedient that a bill shodd be filed, the Court be filed,

may order or authorise such bill to be filed, subject to such terms as to costs or other-

wise as may be thought proper.

10. In all proceedings in the Court either by the caveator or caveatee, the Court Order forcostc;.

may make such order as to costs, as well of the said proceedings in the said Court as

to the costs incidental to filing the said caveat, as to the said Court s h d l seem fit.

11. The Court may, without prejudice to the excrcise of any other power of the Injunctionby &upreme

Court, upon the application of any person interested in any registered land, made in Court.

such manner as the Court directs, issue an order restraining for a time, or until the

occurence of an event to be named in such order, or generally until further order,

any dis-osition of aqy land or charge.

12. The Court may make or refuse any such order, and annex thereto any terms Court may make order.

or conditions it may think fit, and discharge such order when granted, with or with- out costs, and generally act in the premises in such manner as the justice of the case requires; and the Registrar-General, without being made a party to the proceedings, upon being served with such an order, or nn office copy thereof, shall obey the same.

EIGHTH

41° & 4 2 O VICTORIB, No. 128.
Real Property Act Amendmeat Act.-1878.
+
EIGHTH SCHEDULE.
Fdsa paya lde for tlieperformams of the several acts, mattars, and things herein speciped. For the bringing land under the provisions of this Act, over and above all the cost of a g adverthe-

meats herein prescribed to be in such case published:

When the title coneists of a grant, dated on or subsequent to the 1st March 1842,

and none of the land in~luded

therein has been dealt with

.. .

.. ..

.. .

.. 0 2 0

When the title is of any other dcacription, and the value exceeds S300

.. ..

.. .

. 1 0 0

Ditto	ditto	ditto	exceeds $200, and does not exceed S300	0 16	0
Dltto	ditto	ditto	exceeda $100, and does not exceedS200	0 10	0

Ditto

ditto

when the value does not exceed $100,. 0

Contribution8 to assurance fund upon firet bringing land under this Act, except
when the title i a a land grant, dated after t,he passing of the lleal Property
Act, 1857-8, and also upon the registration of an estate of freehold in p08-

seasion derived by settlement, will, or intestacy, in the pound sterling... .

Od,

Other feea-
.. . 0 6 0

or every application to bring land Lnder the ~

.. .. .. .. ..

.. .

.. .. .

For every certificate of title... ..

.. ..

.. .

.. .. .. .. .

.. ..

,, ,

. 1 0 0

Registering memorandum :of transfer, mortgage, or encumbraace, or lease.

.. 0 10 0

Registe~ing

tranefer or discharge of mortgage, or of encumbrance, or the transfer

or surrender of a lease

.. ..

.. ., .. .. .. .. .

.. ..

.. .

. ...

.. . . ..

.. .

.. . 0 6 0

For extension of a mortgage or lease.

.. ..

.. .. .

,. .. .

.. .. .

.. .

.. .. .. .

Registering executor or administrator...

.. ..

.. .. .. .

.. .

.. ., .

.. .. ..

0 10

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

mission...

.. ,

,, ,,

.. .

., .. .

.. ..

.. .

.. . 0 10 0

For every power of attorney.

.. .. .,

.. ..

.. .

., ,. .

.. .

.. .. .. ..

. 0 10 0

For every registration abstract... .

.. .

.. .. .. ,. .. .

,, .. ,

.. .

. 1 0 0

For cancelling registration abstract... .

.. .

.. ..

.. .

., . 0 5 0

For every revocation order.

.. .. .

.. .. ,

.. .

.. .. .

.. . 0 10 0

Noting caveat... .. .

.. ..

.. .. .

.. .

.. .. . ....

. ....

... ..

.. ..

0 10

Cancelling or withdrawal of caveat, and eervica of notice to caveator or caveatee

0 5 0

I~su ing

order for forealosute.. .. .

.. .. .

......,....................... 1

For every search

....

...

.. .

.. ..

.. .,

. .,

.. .

.. 0 2 0

For every general search

.. ,. .. .. ..

.. .

.. ..

.. 0 5 0

For every map or plan depoeited..

.. .

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

.. .. ..

.. . 0 5 0

For every instrument of drsolaimer or declaratory of trusts, and for every will or

other instrument deposited.

.. .

.. ..

.. .. .,

., .. .

.. .

.. ..

.. . 0 10 B

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

0 10

For registering vesting of l e a ~ e

in mo.

tgagee, consequent on refusal of assignees

....,.

to accept the same.

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

...... 0 10 0

For entering notice of marriage, depth, or birth.

,. .

.. .

.. ..

.. .

. U 10 0

T~king

acknowledgement of marrbd women

.. .

.................... 0 5 0

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

of duplicate is dispensed wkh

.. .. .

.. ,. .

.. .. .

.. .. ..

.. .

0 10 0

Taking affidavit or statutory dmlaration

.. ..

.. .. ..

.. .. .

.. ..

.. .

.. . 0 6 0

For the exhib~tion

or return of m y deposited instrument, or for exhibiting or 10-

turmng deeds surrenderfid by applicant proprietor

.. .. .. .

., ..

.. . 0 6 0

For certified copy first five folio^, per fol~o

of seventy-two words.

.. .,

.. ,. ..

For ?very folio or part folio alter first Eve

.. .. .

.. .

.. ..

.. .

.. .. ..

.. . 0 0 8

For every instrument drawn on parchment

.. .

.. .. ..

.. ..

.. .

. O 2 6

m e n any inatrumcnt pwportd to deal with land included in more than one grant

or certificate, for errt h registration memorial after the firet.

.. ..

. 0 2 0

For every diagram after first two

............................ 0 1 6

For every folio or part of a folio in excess of four folios. ,.

.. ..

., .

.. ., .

p-

Adelaide: By authority, E. SPILLER,

Acting

Go~ernment Printer, Nolh-terrace.