Registration of Deeds Act 1841 (SA)

ANNO QUINTO

I

hot particularly named. 11. And

h l i n bv nncl with the :ld~ice and conwnt of the Legislative Council

thercofuns follows--That is to say That from and after the first

h y of lkcember nest there bldl b~ wtablished at Adelaicle a

p~iblic officc for the registration of decils wills judgments con-

h y u c e s and other iiist~.nnwnts iir mmncr hcreinaf tcr lnentioiied

rl~d it shall be lamf?nl for l icr Majesty Her heirs and successnw

and for the Gorcmor for tlw time k i n g snbjcct to the approbation of lIcr Mnjcst~ from time to timr to appoint a fit and proper person

and to bc: chllcd thr c c 1:cgistmr-Cirmrm1" who shall haw llower

to atl~ninistcr the onthr and exwntr: thc ~ ~ c w l pov cm and dntics

lleminaftrr lnenlioncrl a i d (hvrqr such ,,erson at any time to rcmovcr and to appoint, another to the .&l offirc in his stt:ad and it shall in

h e manner br\ l a ~ v t n l for thr (+overnor ~\-hcnnild so often nos may

"pca~ necessary to t~ppoint any person to be Deputy Registrar to

I l ~ c and exercise the Like powers as thc llcgistrm-General and

that where in this -4cf i ~ l g is appointed to be done by the

Registrar the same map ~ ~ f t ~ l l y done by the Deputy although

11. And be it Enacted That every such General and Deput Registrar before he enters upon the execution of the said offic shall be sworn bofore thc Judge or Chief Justice of the Suprelr Court for the said Pmvince who is hereby empowered and rcquirt to administer such oath in the words following:-" You shall trul and faithfully perform and execute the office of Registrar-Gener, [or Deputy Registrar as the case may be] of the Province of Soul Australia in all things according to the Act of Council of th Province made in the fifth year of Her Majesty Queen Victori entitled An Act to provide for the Registration of Deeds Wil Judgments Conveyances and other Instruments.' "

111. And be it Enacted That all deeds conveyances or contrac

in writing other than lease^ not exceeding three years and all wil

and devises in writing which have been heretofore or which sha

hereafter be made or executed and of all judgments other tlx juaEspaen8 or recognizances entered into in the name and on tl proper account of Her Majesty Her heirs or successors which ha. been heretofore or which shall hereafter be obtained or entered

or concerning any lands tenements or hereditaments in the sa Province or whereby the same may be in any ways affected in la or equity p a z after the comme~mement of this Act bc register, . m e -

in such manner as is hereinafter directed and that every su(

deed conveyance contract or judgment that sliall at any time aft

the first G f March next be made and executed obtained

d111~nt and yoid at law and *+h I

urchascr or mortgagee or party f

unless such memorial thereof

ccted before tllc registering of f * c - -

ance aoihact or = judgment und r mortgagee or party ~hali s.qkai

izd &at every such devise bp will whrre the devisor shall die aft

the mid first day of March next shall bc in like manner adjudg fraudulent and void against any subsequent regiratertd purchaser

mortgagee for or upon valuable consideration and against any 60

fide registered party having subsequent juilgmcnt unless a memos

of such wi l l be rcgistercd at such time and in such manner as

hereinafter directed and that although such subsequent purchaser

mortgagee had notice of such prior deed conveyance contra

judgment or devise before or at the time of the making of su

subsequent deed conveyance or contract or of the entering

acknowledging such subsequent, judgment.

by IV. And be it Enacted That all instruments except su

land grants as are hereinafter mentioned shall be registered

memorial brought to the said registry office together with su instrument and the Registrar-General b; hiis Deputy shall exarni and compare the memorial with the instrument and shall if he fix

the wme correct endorse a certificate on such instrument that

ao examined the memorial thereof and finds it to be correct a

moh c e a a t e may be in the form or to the effect of the Schedl

D to this Act; annexed and shdl in every case mention the day of

the month and time of thc day when such memorial was received by

him which shall bc dcemcd and taken to be the time of regist~ation.

V. And be it Enacted that in case an attcsting witness to the Proof or ac,no.W1edgedg

execution of any instrunwnt required by this Act to be registered ment of executm.

shall attend beforc the Registrar-Gcncral or his Deputy or such

other person authorized for that purpose as aftcrmcntioned and

shall by his oath or solemn affirnration prow the due execution

thereof by the granting coilveying or contracting parties or if

any granting conveying or contracting party shall attend before

the said Registrar or his Deputy or othcr person as aforesaid

ctrr	and acknowledge his cxecution thereof then the said Registrar-
Us	General ox his Deputy shall cause to be made on every such i n s b
all	' ment a certificate of such proof being given or acknowledgment
an	being made as the case may be which certificate may be in the form

,he	or to the effect of Schedule B or C hereto annexed as the case may
,ve
of

zid VI. Provided always and be it Enacted That the execution of

3%	any instrument exccatcd within the United Kingdom may be proved
-ed	or acknowledged bcfore the Mayor or chief officer of any corporate
.ch	town or before some Judge of any of the supcrior courts ofbrecord
ter	thereof and that thc execution of any instrument executed in any
or	Colonial Possession or Territory belonging to Her Majesty out of
in	this Province may he proved or acknowlcdgcd before some Judge
E01
.-	of any superior court of record withi11 such Colonial Possession or
-	bt	Territory and that thc execution of any instrumi.nt exccutcd within
;ht	this Province either at a grtata distarr~e than twenty miles from
61	the said registry office or bp persons or in the presence of witnesses
irr	who may be uxmblc from sickness or any othcr infirmity to attend
ti	thcreat may be provrd or acknowledged beforc any Oornmissioner
;ec	appointed in rnanncr hcrcina,fter mentioned and that a certificate 011
0	such instrument of thc proof or acknowledgment of the due execu-
,m	tion thereof signed by such Mayor chief officer Judge or Comnlis-
.ia	sioner as the case may bc shall have the s;drnc effect to all intents

;	i	and purposes as the certificate of the Ilegistrar or his Deputy And
0	for the purpose aforesaid it shall be lawful for His Excellency the
3e	Gorcrnor to appoint by same instmrnent under his hand and seal as
LC	many Commissioners as he may think necessury tp administer such
C	oaths to witilesscs and take such ackno~vledgrnents of parties as aforesaid.

LC VTT. And be it Enacted That the memorial of every instrument Contents of

b

shall he as ncnrly as may he in the form A of the Schcdde to this menlOri'ls.

LC

Act annext.cl and shall contain the day of thc month and the year of

11

the date thereof and thc names and additions of all the parties

l(

thereto or if t]ie instrument b ~k .will the name of the devisor arrd

1

dwisws and of all thc: witneme~ fn such instrument and the places

W:

of their abode and sliall nlention h e aaturc of the instrument arid

U

the hnds tewments or hereditammtx contained in such instrument

and

I

and the names of all the districts or places within the said Pro~incc

were any of them are lying or being in such manncr as the sarnt are mentioned in such instruments respectively or to the same cffed and the said Ecgistrar-General s l d l duly file all meinoriids in ordel of time as the sane shall be brought to him and cwry meinoria shall be numbered and the day of thc month and ycnr and thr houi

or time of thr clay4 when every memorial is rrgist&d	shall be en t~n~c
in the margin of the said rne~norial,

Inacc~mte memorials. VIII. Provided always that in every cnsc d l r n the Registm General shall find any inaccwncy in a mcmo~ial h~ougllt to 11im t (

bc registercc1 which Ile may dccin to be material hp irzny ~ C ~ I L S C ) t(

party requiring tho same to be re@stclrtl shall so request hlv sucl	certify the same as correct: but hr shall not withstand in^ if t l ~
memorial and do all matt~rs ~equlrcd to bc done by him rclatilq
thereto in the same manncr as with respect to other n m ~ ~ o r i d cxcqt certifying that the same is corrc3ct and the registering smcl mcmorial shall have such effect only as tllt S~qxcrnr Court beforc which any qucstion rcspcrting the s;tnlcl hall bch llcard nia; deterrninc.

Where tbero are more	IX. Provided always ancl bc it Enacted That ~vl~n*c.	thcw art
writinga than onc

affecting the same

more dit ings than one for making and perfecting any conr-eyane,

lands.

or security anywise affecting or concrming the sane lwlcls ttrm~

ments or hereditiinwnts it shall bc a suficient ~numorial and rcgistr:

thereof if all the samc lands tcncments or heretlitamenis and thi

districts or places wherein the samc lie be only oncc 1mrnc.d o

mentioned in the mcmorial of any one of the writings for peuf~vtiii~

the said conveyance or sccilrity mil a reference 1)o made to tll

memorial registered that contains or exyrcsscs the parct4s wit1

directions how to find the registry of the same.

Time for registering X. Provided also ancl be it Ellacted That all memorials of will

wills.

that shall be registered in m: m r us aforesaid within the space o six months after tkc death of ermy respective de~~isor dying -withi: the Province of South Australia or within two years after the dcatl

of every respective devisor dying upon or in parts bcj-ond tllr sra

shall be as valid and effectual against snbscqoent porclrasel

assurances or judgments as if tllc vane had I)cw registcrcd imn~c

diately after the death of such devisor.

When party diaahletl XI. Provided al\vn~.s and be it Enactcd That in case the tlt~\isr.

to register X ~ U. or person or persons ihterected in the lands tenements or hwditr ments devised by any silch will as aforesaid by reason of h] contesting such will or othcr inevitable dificult,y TA i t h u t his c! their wilful neglect or default shall be ctisa1)lecl to register the sam within the respective times hcwinbeforc linlituil. a id that n nlrnrorit shall be entered in the said office stating snch contest or impcdimen within the space of six months siter the dcccasc of such devisor wb shall die within the said Province or. within the space of two yea1 next after the decease of such person who shall die upon c

beyon

d the seas then and in such case the rcgistry of such will

the space of six months next after his or their attainment of

will or probatc tllcreof or removal of the impediment whereby

e she or they are disabled or hindered to r e g s t e ~ the same shall be

snfficimt registry within the meaning of this Act.

11. Provided nevertheless and be it Enacted That in case of	Wills concealed
oncmlrnent or suppression of ally will or devise no purchaser	supprossed.
aluablc consicl~ration shall be defeated or disturbed in his or pwchase or of his or their debts by any title made or devised

such will unless tlw will hc actually registered within three ycars

lr the death of the devisor.

(Ill. And be it Enacted That all memorials of judgments so to Registration of juda- 11

registered at the said office shall be in writing and shall contain ments.

names of the plaintiffs ancl defcizdan ts ancl the addi tiorls of the endants the sum the~cby rcbcovercd a d the tinlts of the signing reof and that in ordcr to the rcgistry thcrcof the same shall be

ued by the proper officw of the (Jonrt where such judgmcnt is

1 or his deputy who are hcreby rt.spc.ctively requked to sign the

le on being paid thc sum of Two Shillings and Sixpence for the

1e which sigrlaturc shall be a mficient. warrant to thc said gistrar or %is Deputy to register the same and give the certificate I

ut hereinaf tcr mentioiieci.

XIV. A J ~ be it Enacted That the said Registrar or his Deputy Certificate of judg-

111 (if required) give a rwtificate in writing under his hand of ments.

~y such memorial of any juclgmci~t brought to him to be so ;istcrecl as aforrsaitl arid in such rncmorial and also in such certi-

ate to be so given s l d mention thc certain clay and hour or time

the day on which such meinorin1 is so r~gistereci and sucl1

rtificntc shall nicntion the numbcr aud reference of thc memorial. .

XV. And bc it Enacted That in cnw of any mortgage or judg- :-ert&atea~f~#- charge of satisfied

mt registcmd in the slid registry office if at auytime afterwards ,,,o*s.ge. d . . judg

certificate shall be bronght to thc said Registrar or his Dermtv ments. . Y

{nnl by thc mortgit~w or mortpgtw or by his or their executors hinistmtors or assigns in case of a mortgage or in case of a

or plaintiff's his or their csecutors

the plaintiff 'S attorney and in each

whereby it shall appear that all

such mortgage or jndgment shall hare been paid

thereof ancl one of siwh witn~sses shall

affirmation before the said Registrar or his

g u t ~ wllo are hcrrby wslxctircly cmpovel.rd to ad&inistor such

81 or affirmation prove such nruneys to bc satisfied or paid

~ordingly and tlic signati~lr of such rrrtificatc. in the presence of

th thc said witncss~s or if thc inortgct~ce or mortgagees plaintiff

plaii~tiffs or his or tlwir ~ x c c ~ ~ t o r s adm~nistrators or assigns shall tend brlfore the said Rrgistmr or his Deputy and (his or their

tity bciiig known to or pror~cd 11pon oath or affirmation to the

bsfaction of such Xegistmr or his Deputy) shall acknowledge

such

such moneys to be satisfied or paid and such certificate to be signec by him or them that then and in every such case the said Registra or his Deputy shall make an cntry in the margin of the registry tc which the same relates that such mortpgc or judgment is satisfiet

according to such certificate to which thc same entry shall refer an(

shall afterwards number and file such certificate in due order o

time to remain upon record in the said registry office.

~articulmof~ertia. XVI. And be it further Enacted That every such certificate shal

cateia. contain the following particulars-that is to say in case of judgmcntl

the names and additions of thc plaintiffs and dcfcndants, the time o1	E
the entering up or signing thewof ,the sum or sums thrreby recovercc	L L

and the date or dates of payment or other satisfaction of the itmoui~

bond fide due thereon, ancl in case of ~nortgnges the names a111	I
additions of thc original parties, the date of the instrument the sum l thereby secured, and the time or times of pymtnt or other satisfac. tion thereof and on the back of such vcrified certificate thc Hegistrai
shall immediately endorse the datc when the same was received by
him and the name and place of abode of the person proviug the same

Regulation astokeep XVII. And be it further Enslctecl That all such memorials shall otherwise sufficiently secured in such manner and in sukh number8 as the Registrar shall from timc to timc think fit but in all cases according to the order of thc numbers marlrcd on such memorials respectively and in order the better to facilitate the yurposcs of such reference every memorial which shall be ~klivered into the said office shall be writtcn upon parchrncnt or vellum or paper as ma! by rule or ordcr made in manner aftermcntionrd be from time to time directed of the sizes reslocctively hcrcinaftcr lncntionccl that is to say every memorial of it aced ,v$ or bther iustrurnent of the length of twenty-two inches and the ckpth of sistecn inches ail

''g memOrllsy &c- be kept for more easy 'efere~~e bound up in tllr folm of a book or

with a margin of four inches in width and cvcry m~rnorial of

judgment or certificate of a sntisficd lllortgi~gc or judgment or. of

warrant of attorney cognovit nctionein 01. bill of sale of goods of th

length of sixteen inches ancl depth of twelvc inches mid with

margin of three inchrs in width and no such memorial shall in

case be written upon except as to any oath ccrtificatc or endor

ment appointed by this Act on more than out3 sidc thereof or ncw

to the edge than half an inch in any part ancl no nlemorid writtc

otherwise than in accordancr with the preceding directions or E-raviu

thereon any emsure or interlineation shall bc- recciwd by tl

Registrar into his officr: l'roviclcd that nothing hcrcin containc

shall be construed to prevent a mcmorid in any casc from cxtcnd'

over more than onb of such pirws of parchment and provided t

the directions hercin contained with rcsprct to thc dimensions(

such memorials may bc altercd by any rulc or order which

hereafter be in this behalf rnarltb in nxnncr after ~)roviclcd.

orders and land grants. made by virtue or in pursuance of b ~ t i o n o f h c ~ XVIII. Provided always and br it Enactcd That all land gran

the Act of Parliament passed t

/ the Fourth year of His Majesty King Williarn the Fourth intituled Provinces and to provide for the colonization and government thereof" may be registered by depositing duplicates thereof in the said 6ffice which shall be filed and numbered in order of time and shall have an alphabetical index containing the names of the several parties whose land grants are so registered and such deposit shall have the same force and effect in a11 respects as if a memorial of such Sand grants htd been registered as aforesaid. 6iAn Act to erect South Australia into a British Province or

XIX. And be it further enacted That a distinct index and series Syatemofindexw.

of numbers shall be kept by the Registrar for memorials of mills a distinct indcx and scrics of nurnbcrs for memorials of deeds and other instmments not being mills and a distinct index and series of numbers for memorials of judgments and cortificates in which indexes shall in the cnsc of wills bc inserted the names of the several devisors and devisees and in the case of deeds and other instruments the names of the several 11nrties thereto with accurate references to the approprizltc numbcr of tho rncnlorial to which any such ently shall relate and in all cases ill which the name of any person being a party to any deed or other ii~strumcnt shall have been distinguished in thc mrmorial tthcrcof as a bare trustee only and not otherwise intereste4 the words " trustee uhlyV shall in every index relating to the same memorial be written opposite to such party's name.

XX. And be it furth cted That it shall be lawful for any Deposite of will# for

person to deposit in th	Registry Office for safe custody any ~ r e s e ~ a t i o n ~	l1
last will and testa.ment	h the said Eegistrar shall first giving

a receipt for the same i	tely make a short entry in a book to	(?ded	; W&- qas.
be kept for that purp	hich book there shall *be an accurate

dpl-~abetiml index ha relice therein as well to thc name of

the tmtator as to the	ronl whom the same shall have been
receivcd and tho said	shall carefully and securely keep all

such wills in his s	Provided that every such will and
testament shall be en	in a cover or envelope sealed with
the seal of the testat	x whose name shall be endorsed by

the Re..istn~r on su	or cover and cvcry such will shall
rernai12n the s	deccasc of the testator or testatrix
unless he OY she s	require the same to be delivered

back and u p	c testator or testatrix the said
Registrar shall	ch will deliver the same to any

executor namecl t	f dispute to such person as the
Supreme Court sEdl order

XXI. And whereas it is expedient to facilitate the proof of Enrolmentofinetru.

instruments and to save cxpcnsc arising from the frequent necessity menta for Prmfs* h

of thc of titlr deeds and of making attested copies thereof NW&, 135bd\q\$: 5.3,

-Be it further Enacted That if any party desiring. to enrol any

such clred or instrument in manncr after provided in addition to having the same registered by memorial as aforesaid shall cause to be produced at the said office such original deed or other instrument

with

with a full and correct copy thereof in nlanncr after provided then on proof by an attesting witness to the satifaction of the Rcgistrm or of aclrnowlcdgment by the ernnting conveying or contracting parties thereto of the due cxrcution of such d ~ c d or insty~~mcnt by

swh granting conveying or contracting pnrtici rrspectivcly t h r said

Registrar shall uxaminc and coniy;tre such ropy with t l ~ r o~iginal

instrurncnt so procluccd mlcl shall if he finds thc sailLe concct endorse on such instrurnt~nt and on snch copy a wrtificatc of enrol- ment specifying tlw time r1711(~11 s w b cqly was so ilclivcred to bc mro l ld and the name and plimcl of abodr of the prrson proving o~

;~cknomlcdging such instn~nmit m d shall sign such r~~t i f i ra t rs

rrspcctivdy wlren so cnclomed ancl thc Registrar shall thcrciil~on

cause sucll copy to be enrollid in thc said officc and to b~ bound 111,

in dnc order in thc form of :-L book or otherwise filed ancl sufficicwt1~-

sccurrd in sod1 nlnnncr i~ucl ill sue11 n~unburs toptllm as may by

order innde in llwiiuc>r after lwovicl(d bc from tiinc to tinw tlirwtctl

and shnll mark thcb nurrihr of rcfrwncc and tlic tiinc of sncll cn~-id-

ment on tlic margin of thc. mlmiorinl of such instiwmcwt 1'~o~irld

always that for nlo,r: conr imiont cnroln~cwt cwry snch col)y so to

be cnrollcd sllall be madc on skins of parchmeilt or vt~llml .of iwli

urlifolnl dinlcnsiorls as may by any rulc or orcler made in mmuicr

aftermrlntioned be from tiihc. to time directcd.

I	I Covenants for pro-	dnction and atte~terl
copies dispensed vith. col3y of ally original in~tnllncllt

XXII. And bc it Enacted That in cwry casr in whirl1 any such

slid1 h(> so cnrollctl ar i~forc~saitl it

shall not he: neccssary 01. incumbent npnn tlw salr or o t lw dis-

position of any 1)i~rt of flu. p*op~r ty ther~in narnod for m y party

to enter into any co vcnant for the p~odlu:tioil of swli instrurnt.nt or to furnish any attc)stcd or other copy tllc.rcof.

Redshar'a eertifioato:

to be evidence of due

XXTII. And be it Rnactcd That thr mcrc production of t l l ~ whatsoever of thcl due cxecntion of sndl instrnmc.nt in c\ckry case

execution, BC.

ccrtificatc: of thc Registrar-Gcnerd.1 on any instrurncut ~.rqnircd

by this Act to be registered and appc.;tring to bc sigi~etl l)\- liiin

shall bc cleenid and taken to bo oonrlnsivc cvidmw in every '(iourt

where the proof of thc duc cwx~~tion thcrcof is wrtifiecl by thc said

Rcgistrm- and in like manner his ccrtificittc. shnll lw dcrwicd conclusive evidence of thc correctness OF any incnlorial of any snch instrument in every case whcrc the correctness thcrcof is cwtificcl as to such matters and things mentioned in mcll memoriid as are requirod by

this Act to be specified thcrcin and when any iustrumcnt has bccn

enrolled in manncr before provided an oficrl copy ct*rtifird by thr Xegistrar to be a true copy cuiunined with swh m ~ o l n ~ c n t shdl bc received and allowcci in all Courts ns sufficient ct+leucc\ of snc.1~

instrument and of a11 matters purprting tu Iw endorsed t'tlcrcoil unless in any of the aforesaid cuscs thr p r t y against whom snch instmmrnt memorial or office copy shnll 1)c produrcd shilll 11xr.c. givcn notice by plea or othcwise to the sntisf:~ction of thc C'onrt of his intention to dispute. tho crrecution of snch instruincnt or tllr truth of such mcmorial copy or ccrtificntc on thc o.roand of f~xuil

or forgery or of other cause of a likc nature as for instance the '1

insanity

insanity imbecility or duress of the person whose execution of or signature to any instrument is disputed and the onus of proving such fraud forgery OY otl~cr like cause as aforesaid shall in the first instance and in all cases lie on the party giving such notice.

XXIV. And be it Enacted That irr case of the loss of any instm- On IOBS of htmment, memorial, or office

ment or of the destruction thereof by fire or any accident the	to eridanW.
production of an office copy of the memorial thereof under the band of the Registrar shall on proof of such loss or destruction be deemed and taken by the Court wherein the same shall be produced as evidence that such instrument contained the several matters mentioned in such memorial and all covcnants and provisoes neces- sarily implied in an instrument of the like description.

XXV. And be it Enacted T'hat the Registrar shall at such hours s,,,,h,, 8nd ofice

as may by order in that behalf be appointed to make and permit to copiesh bemab&c*

be made searches in the said office and give such office copies and

certificates as may bc necessary and that there shall be paid in

respect of the several matters mentioned in Schedule F to this Act

the respective fees therein also mentioned.

XXVI. And bc it Enacted That if any such Registrar or his Neglect of duty by .

Deputy shall wilfully neglect his or their duty in the execution of Registrar.	v
the said office according to the rules and directions in this Act
mentioned or wilfully commit or suffu to be committed any undue or fraudulent practice in the cliscution of the said office and be thercof lawfully convicted then such Registrar or his Deputy as the case may be shall pay treblc darnagcs with full costs of suit to cvery such person or persons as shall be injured thereby to be recovered by action of debt in the Supreme Court of this Province.

XXVIl. Ancl be it Eriacted That if m y person or persons shall Forgery, altering, &a.

at any time unlawfully forge counterfeit erase alter or deface any

such memorial or certificate or instrumcnt deposited or enrolled as

is llercin mentiowltd with intent in either of the cases aforesaid to injure or defraud any other person or shall unlawfully steal any

such menmrial and be thereof lawfully convicted such person or

pcrsoiis shall bc deemed guilty of fclony and be sentenced either to be transported for life or for a period of not less than seven yeaas or to be imprisoned for any period not exceeding four years and to be lccpt to hard hbor for all or m y part of the said period and that if any ycrson shall at any time wilfully make a false oath or affirrnatiori beforc the said Registrw or his Deputy or before any Co~nmissioiier appointed : is aforesaid in any of the cascs herein lnentioued and br: thereof lawfully convicted such person shall be guilty of perjury and be liable to bc transported for the term of fourteen ycsrs or to be imprisoned with hard labor for any term not exceeding threc years,

XXVIII. And wlwreas frauds are frequently committed by means Regihmtion of

uf sccxrt \ v n n a ~ l t s of attorney to confess judgment cognovit l e e

:lctiouem and of sccrct nssignmmts or bills of sale of goods and chattels whereby whccn the party giving the same is in failing cir- I cumstances

cumstances his goods may be taken by a friend or some favorcd creditor to the prejudice of his other just crcditors Bc it therefore Enacted That no judgment entered on a warrant of ~atto~ney or cognovit actionem or any bill of sale or assignment of goods and chattels shall be available against any assignee or creditor having

a subsequent judgment against the party giving such warrant of

attorney or bill of sale unless in the case of a warrant of attorney or cognovit actionem the same or the judgment thereon be regis tered or exec~~tion thereof be actually cxecuted within fivc days after the same shall be given and in the case of a bill of sale or assignment unless the same shall be registered or bond jide actual possession of the goods and chattels mentioned therein be taken and kept in pursuance of such bill of sale or assignment within fivc days after the mdking thereof and in order to such registration a memorial shall be brought to the said Registry Office contiining the several particulars in the form E of the Scheddc to this Act annexed and signed by one of the parties to such security Pro- vided that nothing herein contained shall extend to bills of sale of goods and chattels made by the Shetiff in pursuance of a writ of execution delivered to him.

k8g.lrhtion not fa XXIX. Provided also and bc it furthcr Enacted That (except

eve gmater effect to as aforesaid) nothing herein containcd shall be deemed to give any greater effect or different construction to any deed conveyance or thing registered in pursuance of the provisions of this Act than would have been given to it had this Act not been passed,

~ n t e r snclardarsaa to XXX. And be it Enacted That the Registrar-General with thc

thsm~ationoffw* approbation of the Judge or Chief Justice of the Province may from time to time make rules and regulations as to the days and hours when the Registry Office shall be open to the public for searches and filing memorials ancl other instruments and as to the size and shape of memorials and other instruments and generdy for facilitating registration under this Act: Provided that such rules and regulations be published in the Government Gazette of the Pro* -- vince at least one month before the samc shall come into operation*

~ O ~ C C O M ~ XXXI. And be it Enacted That the said Registrar shall cause

eh	regular and true accounts to be kept of all fees collected and paid
under this Act and shall at least oncc in eveiy quarter of a year at such time as may in that behalf be appointed by the Governor
verify the same beforc some Justice of the Peace and pay the amount thereof to the Colonial Treasurer to be applied to the
public uses of the Province and support of the Government thereof

GEORGE GREY,

Governor of South Australia*

Passed in the Legislative Cotmcil this flinetemrth day of

October, One Thousand Eight Hundred and ~ w $ o n e.

A. M, MUNDY,

Clerk of Council.

SCHEDULE

SCHEDULE A EEFERRED TO.

(If a Co~lrevanee or Nort- Anr lak other the case particu. may

Description of the property gage) consideration and

Date of Instrument. Fames of Parties. Kames of Witnesses. Nature of Instrment. how paid. Or if a leme

con reyctl. the alnount of rent. require.

- C _ - -

First day of Dec. Henry George Jones William Tripp and Nortgage in fee or All that piece of land con- Five hundred pounds The pareeh men-

in the year of our of Currie street James Wise both for pears (as the taining t r e n t y acres (be whereof three hun- tioned in this

Lord one thon-	in City of dde-	of Grote-streetin	ease may be) to	the same more or less)	dred due from George	memorial are
sand eight hun-	laide baker of the	Adelaide afore-	the said Thornas	bcing parcel of Section 80	Jones toThomas Smith	the ssme as are
dred 'and forty-	firstpart Thomns	said clerks to	Smith withpover	district C in the Provin-	for money lent (or goods	mentioned in a

This memorial was one Smithof GrenfeU- Messrs. Smart & of sa1c or con- cial Survey bounded on sold before the date of deed purporting

received into the	street i n Adelaide	Wilscn.	veyance in fee or	the north by	the deed)and tmohun-	to be made be-
Registry OEcc	aforesaid grocer	bargain and sale	on the south by	dred pounds were paid	tween George
this sixth day of	of the second par1	and release in	on the east by	in cash (or if a lease)	Jones of the
Dec. 1841 at	and James May	fee or feoffment	on the west by	seventy-five pounds.	first part Thos.
eleven o'clock in	of Sturt-street in	in fee or Iease for	Smith of the

the forenoon and A d e l d e afore- 21 years. AI1 that dwelling-house with second and the

is enteredin	book	said gentlemanof	the appurtenances situate	said JamesBIag
1 page 6.	the third part.	in Hindlcp-street i n the	of the third
City of Adelaide on part	part a memo-
of the town section No.	rial whereof is
containing in front from	registered No.
east to west thirty feet	(refer to the
and in depth from north	register) which
to south one hundred and	deed has been

five feet or thereabouts	cancelled be-
bounded on the north by	cause the said
EindIey-street aforesaid	Henry George
on the south bp r garden	Jones is there-
part of the town section	in called Geo.
No. on the east by the dwelling-house of John	Jonea by mis-
take.
White and on the west by thedwelling-house of Tho-
mas Brooks.

SCHEDULE B.

I CERTIFY that William Tripp clerk to Messrs. Smart & 'CVilson of

street in the City of Adelaide eolicitors did this

of make oath before me that he was; present* with James Wise whose day

name appears on this decd as an attesting witness thereof and did see Henry Morti. mer Jones within mentioned sign seal and deliver the same in the presence of the

said James Wise and of him thc said William Tripp.f

Signed

A. B. Registrar-Qencral.

or C. D. Commissioner.

SCHEDULE C.

CertiJictate of acknowledgment hy conveyi~g Parties.

I C E a r r n that the above-named Henry Mortimer Jones came before me this

day of December 184: and tlcknowledgcd that the within deed of

bargain and sale and release (as the case may be) was duly executed by him.

Qiven under my hand this day of

A. B,, Registrar-General,

SCHEDULE D.

Form o f Certzycate to be endorsed on the Instrument registered.

RECEIVED into the Registrar's Office this sixth day of December 1841 at eleven

o'clock i n the forenoon a memorial. of the within instrument which memorial has been examined by me and found to be correct and is registered No. 1 [here state the reference.]l

A. B. Registrar-General.

SCI-IEDULE E,

I

Whether B111 of Sale or Amount for which the security i d given

whom given. T,, whom give,,.

Warrtmt of Attorney. md the consideml~on tthcri 01

I

-I----__.-----

Bill of Sale or As- John Wi l so~~ of Thomas Grimcs S300 for goods sold or $250 for l

signment of goods or	Angas-street in tho	of Gouger-street in	money lcnt or as the cave may
furniture as the case	City of Adelaide	hdelaidc aforeaaid	be.
may be and where	skip-broker.	Saker.
situated.

l

Warrantof Attorney. James Williamson William Wise of ;E200 for principal and interest

of Sturt-street Adc-	Islington	Villagc	due on a bill of exchsngc drawn
laid0 optician.	plasterer.	by the said Willia111. Vise upon and accepted by the eaid Jam8 JVilliamson acd now overcluo
l

W- .&--+--

* This certificate must be varied wording to circum~tanc~s.

t Tn ordinary cases one witnoas is sufacient to a deed.

If the W t r a r thinks the memorial incorrect the part which alales it to be c o n e c l must be omitted.

SCHEDULE

SCHEDULE F.

Fees to he taken in purmance of the above Act.

a. L

Por enrollin am imtrumcnt.. ..................................................

For every fo io of seventy-two words not exceeding ten folios ............,........... f 0 2 0

For every folio after the first ten ................................................ 0 Z 0

For receiving any will deposited .............................................,.. 1 0 0

For giving out ditto ..............................................,,.,........ 1 0 0

For registering every instrument of conveyance or nortgage legal or equitable when the

consideration money expres~led therein does not amount to fifty pounds ............ 0 6 0

Where i t amounts to fifty pounds and not to one hundred pounds ....................	0 10	0
Where it amounts to one hundred pounds and not to two hundrcd pounds.. ............	0 16	0

Whcrc it exceeds two hundred pounds.. .......................................... 1 0 0

For registering every lease or instrument operating ae a lease where the rent does not

exceed fifty pounds ............................................,........... 0 6 0

Where the rent exceeds fifty pounds ..............................................	0 10 0
For registering every bill of sale warrant of attorney or cognovit actionem ............	0 10 0
For registering every other instrument not herein described.. ........................	0 10 0
For taking an acknowledgment or proof by affidavit of the due execution of any instru-

ment for each party sworn or making acknowledgment.. ........................ 0 1 6

For giving a certificate of such poof or acknowledgment ............................ 0 1 6

For every search .........................................................,,.. 0 2 6

Where any instrument executed within the Pro- An additional fee of five shillings for e v e q calen-

vince after the cornmcncement of this Act is	dar month not exceeding six which may have
brought to be registered at a timc later than	elapsed between the date of the instrument and

one calendar month after i ts execution ...... 1 the time of its production to be registered.

Two shilling for every folio of seventy-two worda

For every ofice wpy or certiied extract..	....	(	not exceeding five, and ono ahilling for every
I	folio or part of a folio after the first fiye.