Real Property Act 1893 (SA)

ANNO QUINQUAGESIMO SEXTO ET QUINQUAGESIMO

SEPTlMO

VICTORIA3 REGINB.

No. 569.

An Act to amend "The Real Property Act, 1886."

[Assented to, December ~ 3 r d ~ 1893.1

it Enacted by the Governor of South Australia, with thc advice and consent of the Legislative Council and House

of Assembly of the said province, in Parliament assembled, as	R*
follows:
Amendment Act, 1893," and shall be incorporated with " The Real incorporation. 1. This Act may be cited for all purposes as ';The Real Property Short tit10 and
Property Act, 1886."

2. All moneys which, by reason of any sale by an incumbrancee ~ 0 ~ 1 s of payment of

or otherwise, shall become applicable to the payment of an incum- incumbrance.

hrance shall be applied, firstlv, in payment of the moneys then

actually due to the incumbran&, and if the incumbrance shall not

then be satisfied the surplus shall be paid to the Public Trustee,

who shall invest the same upon Government securities or upon

loan to the Treasurer, and shall hold such surplus amd the invest-

ments and income thereof upon trust to satisfy the accruing pay-

ments of the annuity, rent, charge, ola other sum of money secured

by the incumbrance, and subject thereto for thc persons cntitlcd

to such moneys after payment of the incumbrance.

3. In every incumbrance hereafter executed, unless i t shall be Covenant to be implied in every

therein otherwise provided, there shall be implied a covenant by mcurnhnoe.	.
the incurnbrancer with the incumbrancee that he will pay the annuity, rent, charge, or other sum of money thereby secured, at the times and in manner therein mentioned.

669 4, Every

56" & 57" VICTORIE, No. 569.

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The REak Property Amendment Act-1 89 3.

Transfer of Orom 4. Every transfer hereafter executed of a Crown lease shall be

leases to be by

s q m t e instrument.	made by a separate instrument, and not by indorsement.
Section 2 to be retro-

spective. 5, Section 2 of this Act is retrospective, and shall be read and

construed as if originally inserted in The Real Property Act, 1886."

In the name and on behalf of IXer Majesty, I hereby assent, to

this Bill.

S, J. WAY, Lieutenant-Governor.

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Adelaide: By authority, C. E. UILILTOW, Government Printer, North-terrace.