Registration of Deeds Act 1843 (SA)

No. 12.

By His Emellency GEORGE GREY, R S ~ U ~ Y B, Governor and Commander-in-

Chiq of Her Jfajesty's Province of South Australia and its Dependeacies,

and Vice-Admiral of the same, 6y and with the advice and consent of the

Legistative Council.

AN ACT to amend an Act jor the Begistration of Deeds Wills

Judgments Conveyances and other imtruments.

mortgagee or party for or upon valuable consideration unless such memorial thereof should be registered as by the said Act is directed before the registering of the memorial of the deed or conveyance contract or judgmcnt under whidi such subsequcnt purchaser mort- gagee or party should claim and that although such subsequent purchaser

HEREAS by an Act made and passed in the Legislative

W Council of this Province in the fifth year of Her present Majesty's reign intituled G An Act to provide for thc Rcgistration

of Deeds Wills Judgments Conveyances and other instruments " it

is amongst other things enacted that every such deed conveyance

contract or judgment as in the said Act is mentioned that should

at any time after the first day of March thcn ncxt be made and

executed obtained or entered into should be adjudged fraudulent

and void at law and in equity against any subsequent purchaser ox

purchaser or mortgagee had notice of such prior deed conveyance contract or judgment before or at the time of the making of such subsequent deed conveyance or contract or of the entering or acknowledging such subsequent judgment and whereas by thc said recited Act no time is allowed within which deeds conveyances or contracts in writing made in any place out of the Province of South Australia may be registered so as to be placed as nearly as circum- stnnces will permit on the same footing with respect to priority as deeds conveyances and other contracts in writing made within the Province and it is expedient to amend the said Act in this respect

BE IT THEREFORE ENACTED BY HIS EXCELLENCY GEORGE GREY

Esquire Governor and Commander-in-Cllief of IIer Majesty's Province of South Australia and its Dependencies and Vice-Admiral of the same by and with the advice and consent of the Legislative

Dmds &c. executed Council thereof That all deeds conveyances or contracts in writing

O U ~ of a the province of or concerning any lands tenements or hereditaments in the said

mlBtion to 6en dates Province or whereby the same may be in any ways affected in law to have priority by

if regapred within a or in equity which s l d l be made and executed in any place out of

certain tune. South Australia shall if duly registered in manncr required by the

said recited Act within the respective times hereinafter mentioned be deemed to be registered on and shall for the purposes of the said recited Act have the same force and effect in all respects as if registered on the days of the dates thereof ~espectively that is to say deeds conveyances or contracts in writings which may have been herctofore made in New South Wales or Van Diemen's Land or in any part of Australia out of this Province since the said first day of March in the said ,4ct mentioned if duly registered within twelve calendar months after that day: Deeds conveyances or contracts in writing which may have been heretofore since the same first day of March made in any other part of the world if duly wgistered within eighteen calendar months after that day: Deeds conveyances or contracts in writing which may be hereafter made in New South Wales or Van Diemen's Land or in any part of Australia out of this Province if duly registered within three calerlllar months after the respective dates thereof: And deeds conveyances or contracts in

writing mhich may be hereafter made in any other part of the world

within twelve calendar months after thc respective dates thereof.

11. Provided always that nothing in this Act contained shall be deemed to lessen or in any mmncr to alter the effect which any deed conveyance or contract in writing made in any place out of

this Province and duly registered after the time hereinbefore limited

for the registration thereof would have had if this Act had not been

made.

E ~ W

of satisfaction 111. And whereas by the said Act warrants of attorney cognovits actdonenr assignments and bills of sale of goods and chattels are

of asrignmente &c.

required

required to be regiistered and it is expedient to provide for the entry in the Registry Office of the satisfaction of the sum or sums of money mentioned therein when the same have been made to secure the payment of any money which shall have been satisfied-Be it therefore Enacted that if at any time a certificate be brought to the Registrar or his Deputy signed by the creditor mortgagee or assignee mentioned in any such registered warrant of attorney cognovit actionem bill of sale or assignment of goods and chattels or by his executors administrators or assigns or by his or their attorney and attested by two witnesses whereby it shall appear that a l l moneys duc upon the same shall have been paid or satisfied in discharge thereof and one of such witnesses shall upon oath or affirmation before the said ltegistrar or Deputy (who are hereby respectively empowered to administer the same) prove such moneys to be satisfied or paid accordingly and the signature of such certificate in the presence of both the said witnesses or if the creditor or his executors administrators or assigns shall attend before the Registrar or his Deputy and (his or their identity being known to or approved upon oath or affirmation to the satisfaction of such Registrar or Deputy) shall acknowledge such moneys to be satisfied or paid and such certificate to be signed by him then and in every such case the Registrar or his Deputy shall make an entry on the margin of the registry to which thc same relates that such warrant of attorney

cognovit actiofient bill of sale or assignment is satisfied according to

such certificate to which the same entry shall refer and shall afterwards number and file such certificate in due order of time to remain upon record in the said Registry Office.

IV. And be it Enacted that the entry of satisfaction made by the ~ e g i s ~ s entry to

Registrar or his Deputy under this or the said recited Act shall be fwtion,	be evidence of rat%-
and be deemed in all Courts and places suffcient evidence of the p a p e n t and satisfaction of the sum or sums of money marked in such entry.

G. GREY,

Governor South Australia.

Passed the Legislative Council this ISizteenth day of February One Thousand Eight Hundred and Firg-three.

A. M. MUNDY,

Clerk of Council.

ddelide : Printed bp a u t h o o