Registration of Deeds Act 1852 (SA)

An Act to amend an Act to provide ,for the Registration of Deeds,

Wills, Conveyances, and other Instruments.

[Assented to 2nd December, 1852.1

HEREAS it is expedient to amend the system of Registration Preamblts.

established by the Act, of the fifth year of the I%eign of Her pre-

sent Majesty, entitled An Act to provide for the Registration of Deeds,

Wills, ~onve~anccs,	and other Instruments :" in manner hereinafter
provided:

Be it therefore Enacted, by IIis Excellency the Lieutenant- Indexm to contain

Governor of the Province of South Australia, with the advice and con-	description of lend
sent of the Legislative Council thereof, That in every index of memo- rials of wills, deeds, and other instruments, there shall be inserted, in addition to the particulars by the said Act required to be inserted, the number and description of any section of land or town acre the whole or any part whereof may be devised, conveyed, charged, or affected by such will, deed, or other instrument.

2. And be it Enacted, That in the place of the fees by the said Fees papable.

Act directed to be paid in respect of enrolling any instrument, there shall be paid and payable the fees mentioned in Schedule A to this Act annexed.

3. And be it further Enacted, That it shall be lawful for any p[& I CA

person to deposit in the Registry OEce, in the said recited Act mentioned, for safe custody and reference, any deed or instrument

in writing, purporting to be a power of attorney, without previously

registering the same, and the Registrar or Deputy-Registrar shall

~2 receive

receive the said deed or instrument, and enter a memorandum of such deposit, and the date thereof, in a book to be kept for that purpose, to which book there shall be an accurate alphabetical index, having reference therein, as well to the name of the donor of the powers in such deed or instrument contained, as to the name of the donor thereof, and tlie Ilegistrsr shall carcfklly and securely keep all such deeds and instruments in the Registry Office, and shall not permit them afterwards to be rernovd dherefrorn: Provided always, that upon every such deposit being so made as aforesaid, the person or persons depositing the said deed or instrument shall leave with the Registrar, or Deputy-Registrar, a full and accurate copy of the same, mitten in a fiiir, legihlc hand, and also a like copy of all verifications (if any) of tbc due execution of such deed or instrument thcreunto annexed; and tlie said Registrar, or Deputy-Eegistrar, shall, as soon as convenieutly may be after such depsi't, examine and compare such copy with the ori$nal deed or instrument, and verifications (if any) SO deposited as atorcsaid, and shall, if he finds the same correct, endorse on such copy or certifi- cate, in the form set forth in Schedule B to this Act an- nexed, and shall, on request, return such copy so certified to the person or pcrsons by whom such deed or instrimcnt, and copy, shdl have been deposited and left, aud the like fees shall be paid upon every such deposit as are in the Schcdulc hereto, marked A, provided to be paid for the enrolment of deeds.

4. And be it further Enacted, That in every case in which any such deed or instrument shnll be so deposited as aforesaid, it shall not be necessary or incumbcut for my person or persons acting, or deriving title, under or by virtue of the powers contained in any such deed or instrument, to furnish any attcstcd or other copy thereof to any purchaser or other person, nor shnll such purchaser or other person require the production of such deed or instrument,

or any person or persons to enter into a covenant to produce the

same for any purpose whatsoever.

5. And be it further Enacted, That the Registrar, or Deputy- Registrar, shall keep all such original deeds k d instruments as shall be from time to time deposited, in nmnner aforesaid, in some couvenieut and safe place in the said Registry Office, and shall cause the same to be arranged in such manner as the same may be con- veniently found by reference to the alphabetical index before men- tioned, and shall ikom time to time permit the same decds or instru- ments to be inspected, and searches for the same to be made, and furnish office copies thereof, in like manner, and on payment of the like fees as are in the said recited Act provided in reference to the rseveral matters in the said recited Act comprised.

6. And be it further Enacted, That except as herein provided,

the provisions of the said recited Act, so far as the same can be

applicable,

applicable, shall be and have fi l l force and effect, in reference to the

matters and things herein contained; and that this Act,

and the said recited Act, shall be read and construed together as

one Act.

JOHN MORPEIETT, Speaker.

Passed the Lcgislative Council tliis twenty-Jifth-)

day of November, one thousand eight

hundred and $fly-two.

F. C. SINGLETON,

Clerk of the Legislative Council.

In the name and on the behalf of Her Majesty I assent to this Act,

H. E. F. YOUNG,

Lieuten~nt-Governor..

Government House, Adelaide,,

December 2, 1852.

SCHEDULES REFERRED TO.

every receipt endorsed upon any mortgage operating to record

the property thereby conveyed under authority of the Act

No. 12 of 1850, to establish and regulate Benefit Building

Societies .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

For enrolling any deed or instrument, not exceeding in length ten

folios of seventy-two words each, for every folio ......

For enrolling any deed or instrument, exceeding in length ten

folios, for the first ten folios, per folio ...............

For every folio besides ...........................

Where any instrument executed within the provision after the commence- ment of the said Act is brought to be registered at a time later than one

calendar month after its execution, no additional fee.

I cert ;ify that the 01 ;inal instrument [and verifications] (if any) of which

the within is a copy, was deposited in the Registry Office, on the

day of , 18, and that the said copy, having been compared

vith the said original instrument, i t has been found to be correct.

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(6DgWXDg: Prink6 by authority, by W. C, Cox, Government Printer, Vietoriasquarc.