Registration of Deeds Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIMO SEXTO

A.D. 1862.

No. 27.

ABL Act to amend the Laws relating to the registration atzd deposit of

Deeds and other 1nstrurnent.c

[Assented to, 21st October, 1862.1

REAS it is expedient to amend the law relating to re&- Prcnnhle.

tration and deposit of deeds and other instrun~ents-Be it tlxrefore Enacted, by the Governor-in-Chief of the Province of South Australia, withw the advice and consent d the Le@slative Council and House of Assembly of the said Province, 1n this present Parliameut nsseniblcd, as follows :-

1. The following Acts are hercby repealed, that is to say-An	Roped of previous
Acts.

, Act passed in the 5th year of the reign of Her present Majesty, No. f 5

8, intituled " An Act to provide for tbc registr&ion of deeds, wills,

judgments, conveyances, and other instruments ;" an Act passed d' 4- f2-

in the 6th year of the reign of Her present Majesty, No. 12, intituled @R2 my^

" An Act to amend an Act for the registration of deeds, wills, judg-

, t 2 -

ments, conveyances, and other instruments;" An Act No. 19 of

1852, "To amend an Act to provide for the registration of deeds,

&q	9
&--L	J3

wills, conveyances, and other instruments;" An Act No. 22 of

1853, To provide for the clepsit of deeds, agreements, writings, 1 - k a

and assurances, maps, and pians, d a t i n g to hereditaments in I he Province of South Austra~lia, and for other purposes therein men- tioned ;" An Act; No. 19 of 1854, TO amend the law relating to the registration, enrolment, and deposit of wills, and other deeds

and instruments;" An Act No. 23 of 1855-6, 'LTo amend the law

relating to the registration of laud grants, and to provide for the

prepayment of registration fees chargeable thereon :" Provided RoviaO*

that nothing herein contained shall invalidate any act heretofore

2p done

done under the authority of the said Acts or any of them, nor

shall the repeal of the said Acts extend to exonerate any person from any penalty incurred under thc said Acts or any of them, and no Act repealed under the said Acts shall be revived hereby.

Short title. 2. This Act may be cited for all purposes as The Registration

and Deposit of Assurances Act."

Regietration prior to

this Act to continue	3. Nothing herein contained sllall bc construed to alter tlw effect the said Acts, or either of them previously to the commence- ment of this Act, but such registration or deposit shall continue operative and have effect in like manner as if this Act had not been passed; and anything heretofore done under the nutlio- rity of the said Acts, or citlicr of them, sha,ll, except where herein expressly otherwise provihed, be operative, and have the same effect
operative.	of any deed or other instrument duly registered or deposited under
as though this Act had not becn passed.
Persona holding office

under previous Acts 4. The department of the Registrar-General shall be the depart-

to perform dutiea	nlent authorized to carry into execution the provisions of this Act,
under this Act.	or of any Act to :mend or extend the provisions thereof', and the pcrsons holding oRce as Registrar-General or as neputy Registrar- General at the time when this Act shall conle into operation, shall, without any fresh appointment pe~fonn all the duties of their res- pective offices under this Act.
Appointment and	5. It shall be lawful for the Governor, by and with the advice of the Executive Comcil, to remcve from office under this -4ct any Registra~General or Deputy Registrar-General, for negligence, want of skill, ui~trustworthiness, or inability to perform the duties of his office, and with like advice to appoint such additional officers and clerks as may be necessary for the conduct of business under
removal of officers.
this Act, and to remove any such officer or clcrk at pleasure, and to
fill up any vacancy that may occur in any of the said offices.
Oath of offlce.	6. The following oath shall be taken before one of the Judges of the Supreme Court by each of the persons holding office as Rcgistrar- General or Deputy Registrar-General at the time when this Act shall come into operation, and by cvcrv Rcgistrar-General or Dcputy Registrar-General that 1my tl~ereaker be appoinied, bcfore
entering upon the execution of his ofice under this Act :-

" I, A .R., do solemnly swmr that I will f.aithfully, and to the best of my ability, execute and perform the office and duties of [Registrar-General or i)erkty Registrar-General], in accor- dance with the provisions of ' The Registration and Deposit of Assurances Act.' So HELP ME GOD."

A C ~ or Deputy to be 7. Anything which is by this Act prescribed or permitted to be

valid.

done by the Registrar-General may be lamfully done by any Deputy

Registrar-General.

8. Ali

and bills of sale of sheep, cattle, or horxes, or goods and chattels 8. All preferable liens on wool, and all mortgages, assignments, E$Freyte,f;.

other than chattels real, and every cognovit actionem, or wahant of

reason of such warrant of attorney or cognovzt actionem may be tl

attorney to confess judgment, and every judnment obtained by

registered at any time within fourteen days from the giving, or

making, or obtaining thereof.

I

9. Every instrument, other than a judgment, which by this Act is Mode of mstruments, except

the Registrar-General, within the time aforesaid, an attested copy G,	permitted to be rcgistered, may be so registered by depositing with judgments.
thereof, and the Registrar-General shall examine and compare the same with the origiial, and, if he finds the same corrcct, s h l l sign
a certificate, to be endorsed upon the original and copy, that he has
so examined and compared the same, stating the date and hour when such original and copy were received by him for the purpose of registration, which shall be deemed and taken to be the time of registration; and the Registrar-General shall thereupon return the original to the party entitled thereto, and shall bind up the copy in a book to be called " The Register of Chattels Personal."
10. Every judgment obtained by reason of a warrant of attorncy or cognovit actio?zern may bc registered by dcpositing with the Mode of registration

o f judgments.

Registrar-General, within the time aforesaid, an office copy of such judgment: And the Registrar-General shall endorse on such office copy a memorandum stating the date and hour when the same was received by him for registratioa,,\vhich shall be deemed and taken to be the time of registration, and shall bind up such officc copy in the "Register of Chattels Personal."

11. All judgments or iiistruments obtained, granted, or executed Effect of registration.

botzd Jide for or upon valuable consideration, and which by this Act

are permitted to be rcgistcr~d~ shall, when registered within the time and in manner hereinbefore provided, have priority amongst them- selves according to the date of registration, and not according to

tered instruments or securities whatsoever, any rule or doctrine	the date of the instruments, and shall have priority over all unregis-	of law or equity respecting notice or otherwise to the contrary notwithstanding; and any such registerecl instrument, being a mortgage of sheep, cattle, or horses, shall be valid and effectual to all intents and purposes, whcthcr the money reccivcd thereby be payable presently or not, and notwithstnndiiig the said mortgaged
live stock shall not be delivered over to the mortgagee, but remain
and continue in every respect as theretofore in thc possession, order, and disposition of the m6rtgagor, and though the mortgagor after- wards take the benefit of any law now or hereafter to be in force in
the said Colony for the relief of insolvent. debtors: Provided that Mortgage of live
no such mortgage shall protect the same from the operation of any $ ~ ~ $ ' ' ~ ~ ' ~ ~ such law, unless such mortgage shall have been executed at least sixty executed sixty day8 . daye before adjudication.

days before the filing of any petition For adjndication of insolvency or unless the consideration thereof shall be an advance or loan made at the ti&e of the execution of such mortgage.

Registration not to

apply to chattols real	12. I t shall not be necessary to include in the copy presentcd for registration, such portion of any instrument as may relate to chattels real or freehold estate, and the registration of any such instrument shall be held to apply exclusively to such goods and chattels personal as may be included therein, and shall not, as regards chattels real
and freehold estde.
and freehold estate, be interpreted to give to such instrument any
force or effect which if unrcgistcred it would not have had.
Landlords' rights
reserved.	13. Nothing in this Act contained shall be construed to affect the rights of landlords ancl others as to distrailzing for sent.
f	~istrumenta transfer.
able by endoreement.	14. Any registered preferable licn or mortgage shall be trans- ferable by cndorsemcnt in thc form, or to the effect of Sclledule A to this Act; ancl upon a co~)y of such tmnsfcr bcing pro- duced tob the Registrar-General and examined by Him, with the original, he shdl makc an entry or memorancluni on the fblium of
the Xegister c i Chattels Persollal relating to thc interest transferred,
and also upon the original ancl copy of' such transfer, stating the date and hour when such transfer was produccd to him for registration; and upon me11 entry being made, the interest of the transferor, with all rights, powers, and privileges thereto belonging or appertaining,
shall pass to the trar~sferee, and such transferee shall thereupon
become subject to ailcl liable for all and every the same re quirernents and liabilities to which he would haw b ~ c n subj~ct and liable if nxmcd originally as mortgagee or lienee; and the Xegistrar-Cencral &all file every such copy in his oEce.

15, If at any time a receipt be brought to the RegistrwGcneral

E n t ~

to be made satisfaction upon pre-

sentation o f receig	signed by the party entitled unclcr any registered inhtrurnent, or By
schOw'di&g

men$ if duly attested PaJ- his agent duly authorized a d at testcd by two wi tncsses, whereby it

and proved.	shall appear that a11 moneys clue upon such instrument have been paid or satisfied, and one of such witncmes shall, upon oath or affirmation before the Registrar-General or before a Justicc of the
Peace, or Notary, pwve such moneys to h e satisfied or paid accordingly, and the signature of such receipt in thc prcsence of both the said witnesses, or if the party entitled, us his agcnt duly
authorized as aforesaid, shall be pcrsonrtlly known to or shall have
his identity prowd to the satisfctction of the Registrar-General,
Justice of the Peacc, or Notary Public, and on appearing before any
such person shall, acknowledge such nloncys to be satisfied or paid
and such receipt to have bee6 signed by him, the Registrar-Gcneral shall enter such receipt on thc i'olium of the Register of Chattels relating to the interest discharged, and such entry shall as between thc persons eatitled under the registered instrument to which such receipt relates, and their respective executors, administrators, and assigns, o>erate as a total extinction of the rights and interests created by such registered ii~strument; and the Registrar-General
shd file every such receipt in his offibe. 16. It

General for safe and perpetual custody and reference any original safe custody a d 16. I t shall be lawful for any person to deposit with the Registrar- &$~E:F;J;~

or duplicate original deed, agreement, will, probate of any will, letters of administration, exemplification of any probate or letters of administration, writing, assurance, map, plan, or instrument what- soever, relating to or in anywise affecting hereditaments in the said Province, or whereby or by means whereof any hercditaments thcrein may be in anywise affected, or the title thereto manifested either at law or in equity, or a certified copy of any such deed, iustrument, or other document.

17. Whenever a CO y of any dced, instrument, or other document If COPY dep~ited, to

be examined ana

as aforesaid is brou& for the purpose of deposit as hereinbefore compared,

provided, the Registrar-General shall examine and compare the samc with the original thereof, and shall, i fhe finds the same correct, sign

a certificate to be endorsed upon the original and copy that lie has

so examined and compared the same, and shall thcreupon return the original to the partyentitled thereto,and shall file the copyin his office.

discre-

18. Thc Itegistrar-General shall not be bound to register, or to Erasure8 panciea ininetruments

receive for the purpose of deposit under this Act, any instrument, if, upon examination and comparison, he shall detect any discrepancy between the original and the copy thereof presented for registration or deposit, or shall not find such copy to bc legible and fairly written on paper or parchment of the size and form prescribed in any rule as hereinafter protided in force for the time being; and if upon such examination he shall detcct any erasure in the original instrument, he may rcquirc the party presenting the same for registratim. or de- posit to sign a niemorandum upon thc margin of the instrument deposited that snch erasure appeared upon such original when the same was presented.

office every deposited instrurncnt, and shall number the samc in the eecurely k ~ t. 19. The Registrar-General shall carefully and securely keep in his ~{'~~~~$~;~

tion by the liegistrar-General of any deposited instrument before

nothing herein conhiinecl shall bc intcrpretcd to prevent the produc- ordcr of the dates on which they are deposited: Provided that

any court of law or equity in the said Province on being thereunto

lawfully required.

20. In case an attesting witness to the execution of any instrument Proof of execution of

hstrumonts. within the said Yrovince, and shall by his oath or solemn affirmation prove the execution thereof by the granting, conveying, or contracting parties, or if any granting, conveying, or contracting party shall attend before the Registrar-General, or before a Notary Public or Justice of the Peace, and acknowledge his execution thereof, then the Registmr- General, Notary, or Justice shall enter on such instrument a certificate of such proof being given or acknowledgment made, as the case may be, and the execution of any instnunent may in like manner be proved

deposited or to be deposited under this Act shall attend before the

2 Q or

or acknowledged by an attesting witness, or by the granting, con- veying, or contracting party; if resident within the United Iiingdom, then before the mayor or chief'officer of any corporate town, or before a Judge of any of the superior courts of record, and if resident in any British Colony, thcn before a Judge of any superior courts of record in such Colony, and if in a foreign country, then before the British consular officer, and the production of the original instrurncnt, or copy thereof deposited bearing such certificate of proof or acknowledgmeilt of execution appearing to be signed by any of the parties above named, shall be deemed and taken to be conclusive evidence in every court of lam or equity of the due execution of ~ u c h instrument, unless the party against, whom the same shall be produced, shall prove to the contrary, and the onus of such proof shall in the first instance and in all cases be upon such party.

Covenante to produce

satisfied by deposit of

21. It shall not be incumbent on any vendor or other person to enter into any cownant to produce for the manifesting of title to afiy hereditaments within the said Province. or in verification of the abstract thereof any instrument, the ;riginal or copy of which has been deposited in terms of this Act, and every covenant to pro- duce every instnlment of title heretofore entered into for such purpose, &all bc hcld in all courts of law and equity to be satisfied and fulfilled by the deposit of such i~dxurnent of title in accordance

instrument of title.

1 with the provisions of this Act.

U~onlossordestluc-

tion of instrument	22. In case of the loss or destruction of any instrument registered or c7,eposited u~ldcr	thc pro^ isions of this Act, the ccrtificd copy thereof,
certified copy to be

evidence.

bearing the certificate of regi strntion signed by the Registrar-C eneral bound up in the Register of Chattels Pel-sonal or filed in the registry office shall up011 proof of such loss or destruction be received in all courts of l ~ w and equity as evidence of the contents of the instrument so lost or dcstroyed, and of its having been rcgistcred or deposited, as the case may be, and shall for tlie purpose of proving the rights or title of the parties to snch instrument be as eff'ectual to all intents

as the origin&

~ c t s done under de- 23. lvhenever any power of attorney shall bc dcpositcd in ac-

j posited powers of

not insali- cordance with the provisions of this Act, no w t done in execution of

a a t e d b ~ death of

donor, unlcss notice of thc powers thcreby given shall be jnralid by reason only of the

o~revooation	be en-	revocation of snch power by the dcnth of the donor thcrcof or other-
tered,	wise, unless notice of such revocation shall have been given to the satisfaction of the Registrar-General, and shall hwe been cntcred by ./\
him. + a i +

Existing memorials 24. Tlzc Registrar-General shall retain in his cl~stody the memo-	and enrolments and
deeds to be preaened, rials of all documents registered before the conlmeocement of this
a proper indexes Act, and all deeds or other itistrurnents which rnay have been en-
kept. rolled or deposited uncler the said Acts hereby repealed or either of them, and shall keep proper indexes'in order to facilitate search

therein.

25. The

Executive Council, may make rules appointing the form and size of 25. Thc Registrar-General, with the sanction of the Governor and E?,","&%,"?

paper or parchment on which copies of instruments, to be registered under this Act, shall be written, and the form of registration certi- ficate to be endorsed on such instrmnents and copies, and also appointing the size and form into which deeds and otlkr instruments s E d be folded, ancl the manner in which the same shall be doclreted, and generally for the conduct of business under this Act; and shall also, with the like sauctioa, appoint convenient days and hours during which his office shall be open for the purpose of searching, and with

the like sanction, may, from time to time, rescind or alter any regu-

lation so made; and the Registrar-Gcnc:ral shall iwt be bound to receive for registration or deGosit any copy or instrument not pre- pared in accordance with such regulations as may in that respect be in force for the time being.

26. It shall be lawful for any person, upon payment of the fees Search dlowed.

hereinafter specified, and during the honrs that may by any rule for the time being in force be for that purpose appointed, to make search in the books of memorials and enrolments of instruments registered under the said recited Acts or any them, and also in the Register of Chattels Personal, and to inspect and examine a11 deeds and instru- ments deposited under this Act or the said recited Acts or any of them, and to make copics ou extracts therefrom with pencil only, and the Registrar-General shall preparc and preserve in order suitable indcxes to facilitate such search.

27. The Registrar-General, upon paymcnt of the fees hereinafter certifieaco~i~d.

slwcificd, shall furlxish ccrtified copies of or certified extracts from nknorials, enrolments, deeds, or ihstromcnts, and tracings of maps registered or dcpositcd in his office under this Act or under the said recited Acts or an3 of them, and every such ccrtified copy or cer- tified extract sllull. be received in all courts of law and equity as evidence prima &cie of the registration or cleposit of the instru- ment to which it refers, and of the correctiless of such copy or

extract.

person acting under his authority be liable to any action, suit, or aonally liable. 28. The Registrar-General shall not individually, nor s l d l any Registrar not pzr-

proceeding for or in respect of any act or matter borzdjide done or omitted to be done in the exercise or supposed exercise of the powers

of this Act.

29. Such portions of the L' Insolvcut Act, ISGO," as refer to any Certain ~ c t i o n s in

Insolrrent Act ,to

p~xrchase m security under the Act Ko. 4, of 1855-6, hhdl be held apply to this A C ~.

to apply to preferable liens and mortgages of shecp, cattle, or horses registered under this Act; and section 93 of the said Insolvent Act, relating to the registration of a Judge's order, madc by consent, shrill

be interpreted as if this Act were ment,ioned in such section instead

of the said Act No. 8, of 5th Victoria, hereby repealed; ancl where by any law in force in the said Province any instrument is required to be

deposited

deposited under the provisions of the Acts hereby repealed, or some or one of them, such law shall be held to be obeyed by depositing such instrument under the provisions of this Act.

Fees to be charged. 30. The Registrar-General shall recovcr such fees as may be

appointed by the Governor in Executive Council, not in any case ex- ceeding the fees specified in the Schedule hereto marked B, and shall pay the same into the Colonial Treasury, and render such accounts as may be required by any order or regulations xanctioneci by the Government of the said l'rovince.

In Her Majesty's name I assent to this Bill.

U. DALY, Governor.

SCHEDULES REFERRED TO.

A

In consideration of , this day paid by to me (the receipt of

which said sum I hereby acknowledge), I, the within named, do hereby assign and transfer all my right, title, and interest in the within written indenture unto the said, his executors, administrators, and assigns, absolutely.

Aa witness my hand this day of

A. B, f Transferor.)

Accepted (Transferee).

For registering any instrument, or for the deposit of any instrument or copy-

When tho value represented or t o be secured exceeds $200.. ..................

When the vduo exceeds $100 and does not exceed %200.. ....................

When the value does not exceed S100 ....................................

Extra for every folio, when copy has to be compared and certificd .........,..

For recording proof of oxecution of any instrument., ................................

For taking oath or affirmation.. ..................................................

For registering transfer or discharge of any charge or lien.. .........................

Revocation of power of attorney ..................................................

For exhibiting any deposited instnment ..........................................

For search in Index of CEattels Personal, or in index of inatrumenta enrolled, registered,

or deposited in aay one name ................................................

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Adelaide : Prhted by authority, by W, C, Cox, Gvvcrnm.;nt Printer, Victoria-rquare,

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