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An Act to amend the Law relating to the
Deposit of | Wills, and o& | r | Deeds and Insfruntents. | a =, | JJ&- |
Jk//;;*& r;:
[Assented to, December 15, 1854.3
HEREAS an Act was passed, in the fifth year of the reign of Preamble,
Her present Majesty, No. R, intituled L'An Act to provide for the Registration of Deeds, Wills, Judgments, Conveyanccs, and other instruments ;" and whereas the provisions of the said Act relating to the registration of wills, have been found to operate to the prejudice of persons claiming as devisees, and whereas it is expedient to amend the said Act, and the laws now in force re- "
lating to the registration, enrolment, and deposit of dccds and instru- ments, whereby the title of real property in South Australia may be affected-Be it therefore Enacted, by the Lieutenant-Governor of South Australia, with the advice and consent of the Legislative Council of the sam;, as follows:
1, Every will affecting real estate in South Australia, in any case W i h may be re- | gistered by | pmductioa |
thousand eight hundred and forty-two, may be registered in the public | where the testator shall have died after the first day of March, one of of a probate of the will, or of the letters of administration with the will annexed, or of any &ernplification of such probate or lctters of administration, and that for the purposes of registration under the laws now in force in South Australia, such probate, letters of ad- ministration, or an exemplification thereof, shall be deemed and taken |
to be the original will. | . |
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2. The laws now in force concerning the enrolment and deposit of P d b, h., | YY |
enrolled or deposxted
wills, shall be deemed to be complied with, by the enrolment or deposit in lieu | & |
of a probate of any will, or of letters of administration with the wil l annexed, or of any exemplification of such probate or letters of ad- ministration.
A W e ~ ~ f | witneasea | 3. I t shall not be necessary in any memorial of a deed or instrument filed in the said Registry Office, to insert the place or places of abode of the witness or witnesses to the execution of such deed or instrument, and, notwithstanding the provisions of the said recited Act, all deeds and instruments registered by memorial before the passing of this Act, shall be deemed to be duly regjstered, although the place or places of abode of the witness or witnesses attesting the execution thereof, shall not have been inserted in the memorial: Provided always, that in other respects the said recited Act shall have been complied with. |
need not be inserted
in memorials,
Subsequent enrol- | 4. Whenever any person shall have entered into a covenant for |
ment, or deposit of
to mlsase | the production of any deed or instrumcnt, and such deed shall have |
~ e r s ~ ~ f ~ m c o v ~ ~ | been, or after the passing of this Act, shall be enrolled or deposited, |
to produce. | under the provisions of any Act or Ordinance of Council in force, for the time being, in South Australia, such subsequent enrolment or deposit shall release the perso so having covenanted as aforesaid, |
from all liability in respect | -- of S i | ch deed so enrolled or deposited. |
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Cammenwment of | 5. This Act shall commence and take effect from and after the |
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Adelud~: Printed by authority by W. Q Cox, Government Printer, Victoria-eqaara