Registration of Deeds Act 1897 (NSW)

Act No. 22, 1897.

An Act to consolidate tlie Law relating to tlie ^ OF D kf.ds.

Registration of Deeds. [Gth December, 1897.] —

T ) E it enacted by tbe Queen’s Most Excellent Majesty, by and ndib j 3 the advice and consent of the Legislative Council and Legislative Assembly of New Soutli "Wales in Parliament assembled, and 1iy tlie authority of the same, as follows ;—

1. This Act may be cited as the “ Registration of Deeds Act, siiou, title.

1897.”

2. The Acts mentioned in the Eirst Schedule to this Act, to tlic iiepcai of Acts,

extent to which the same arc there expressed to be repealed, are hereby

repealed.

88   Act No. 22, 1897

’Registration o f Deeds.

Registrar-General.	3. (i) The term “ Registrar-General” throughout this Act shall any Act for the time being in force for the establishment of a general register in New South Wales for the registration of births, deaths, and marriages.
19 Vic. No. 31, s. 2.	mean the person appointed Registrar-General under the provisions of
20 Vic. No. 27, 8. 2.

Interpretation of the (ii) For the several purposes of this Act, the term instrument

term instrument.

shall, except where otherwise provided, include not only conveyances

7 Vic. No. 16,8. 22.

and other deeds, but also all instruments in writing whatsoever,

whereby real or leasehold estate is affected or is intended so to be.

Appointment of

deputy.

4. The Registrar-General may, with the sanction of the Governor, appoint a deputy or deputies, whose acts with respect to all the duties by this Act imposed upon the Registrar-General shall have the same force and effect as if done by the Registrar-General.

20 Vic. No. 27, s. 3.

to be open.

At what time office

5. (i) The office of the Registrar-General shall be kept open for the recording, registration, and filing of all grants, deeds, con­ veyances, instruments, and other documents in accordance Avith the provisions of this Act for not less than six hours, beginning at the hour of ten in the forenoon, on all Mondays, Tuesdays, "Wednesdays, Thursdays, and Fridays throughout the year, and for not less than three hours, beginning at the hour aforesaid, on all Saturdays throughout the year.

7 Vic. No. 16, 8. 3.

(ii) The said office shall not be open on Sundays, Christmas

Day, Good Friday, and such other days as are duly notified in the

GoAurnment Gazette as public holidays throughout New South "Wales,

Documents directed

or permitted to be 6 . ( i ) All statutes enacted by the Parliament of N cav South

registered.

Wales shall within ten days from the day on wdiich the same become

Hid. a. 9.

law be transmitted to and enrolled and recorded in the office of the

Registrar- General.

Hid. 8. 8.	( i i )	All grants by the Crown of lands or other hereditaments
26 Vie. No. 9, ss. 12.

136.  in New South Wales alienated previously to the first day of January, one thousand eight hundred and sixty-three, which have not been already enrolled in the Supreme Court or recorded in the office of the Registrar-General, shall be recorded by entry at full length in the office of the Registrar-General in some book or books there kept for that purpose, and being so recorded shall for all purposes be of the like force and effect as if the same had been duly recorded under the provisions of the Act se enth Victoria number sixteen, and this Act had not been passed.

7 Vic. No. 16, S3. 8 , (ill) All wills and devises affecting any estate in land, and

10.  all instruments (except leases for less than three years) affecting any estate in land in New South Wales, and all charters of incorporation and memorials of companies may be registered in the office of the R egistr ar- General.

(iv) Where any such instrument, charter, or memorial as

aforesaid is already duly registered, recorded, enrolled, or deposited in

the

Act No. 22, 1897. 89

Begistration o f Deeds.

the office of the Registrar-General in accordance with the provisions of the Acts hereby repealed, or any of them, the same shall not be required to he re-registered under this Act.

(v) Instruments Avhich are registered or require to he registered under the provisions of the Beal Property A ct shall not be affected by the provisions of this Act.

7 . (i) All instruments (other than wills) affecting any estate in Mode of registering

land tendered for registration in the office of the Registrar-General relating

shall be registered in the manner following, that is to say:— A fnll 7 yig ]^o. i6, s. i3,

copy thereof upon good vellum or parchment, signed by some or one	20 vic. No. 27,
of the parties to the original instrument, and certified to he a true	'
copy by the oath of one credible person, such oath having been taken before a Judge of the Supreme Court or before the Registrar-General or his deputy, or before any Commissioner of the Supreme Court for taking affidavits, not residing within five miles of Sydney, shall he filed in the office of the Registrar-General.

(i i )   All wills and devises affecting any estate in land tendered Mode of registering

for registration in the office of the Registrar-General shall he registered

in the manner following, that is to say :—The will or a full copy thereof '	'
upon good vellum or parchment certified to he a true copy by the oath of one credible person taken before a Judge of the Supreme Coui’t, or before the Registrar-General or his deputy, or before any commissioner of the Supreme Court for taking affidavits, not residing within five miles of Sydney, shall he filed in the office of the Registrar-General.

8 . (i) The original instrument to whieh any such certified copy or memorial relates shall ho produced to the Judge or Registrar- J

General or other person before whom the same is verified as aforesaid. ' ' '

(ii) If such instrument appears to have been exeeuted Course to be taken if

by any party unable to write, then such Judge or Registrar-Generaly^e™^/’ or other person shall refuse to complete such certified copy by cer- m,}, a, is. tifying the same, unless the execution by such party is attested by

some justice of the peace or barrister or attorney or notary public, other than the party by whom such instrument has been prepared, whose attestation shall contain a certificate that the contents of such instru­ ment were previously explained to the party so unable to write, and that the nature and effect thereof were at the time of such attestation to the best of the belief of such justice or barrister or attorney or notary public understood by such party.

9 . When any party to any instrument tendered for registration Representaiivo or

is dead or absent from New South Wales at the time when the registra- X ent^pany '^m ly tion thereof is required to be made, the attorney under a power of sign attested copy,

attorney or the lawful representative of such party, upon application to	s-12.
a Judge of the Supreme Court, and upon proof to the satisfaction of such Judge of the fact of the death or absence of such party and upon

the

90   Act No. 22, 1897.

Registration o f Deeds.

the order of such Judge, may sign the attested copy of such instrument in the name and on behalf of such party, and such signing shall be as valid and effectual to all intents and purposes as if such attested copy had been signed by the original party thereto.

Kecei])ts by

Registrar-General	10. (i) Upon the delivery into tlie Registrar-Gencrars office of the Registrar-General or his deputy shall grant and sign a receipt for such copy, in which shall be specified the day and hour on Avhich the same has been delivered into the said office, and the name and place of abode of the witnesses attesting or verifying the same, and the number of such verified copy according as the same shall he numbered in the said office, and such receipt shall he endorsed or written on the original instrument to which such certified copy relates, and shall also he entered on such certified copy.
and endorsement.	any such certifled co])y as aforesaid and the verification of the same,
7 Vie. No. 10, s. 14.

Time endorsed ( i i ) The time so endorsed shall be taken to he the time of

eo)){*lusive.

the registration of every such instrument wlicreof such certified copy

has been made as aforesaid.

Kntry in, and

inspection of (ill) Every such certified copy so delivered into the said

register. office shall he numbered successively according to the order of time in which the same has been delivered, and shall immediately he registered according to such number and order of time in a hook or hooks to be provided and kept for such purpose in the said office, and every such hook shall ho open at all convenient times to the inspection of all persons desirous of searching the same.

Erasures and	(iv) No certified copy as aforesaid having therein any
ititorlincaiion.s to

]>e noted.

erasures or interlineations shall be received by the Registrar-General

/l/u/. s. 15.

into his office, unless such erasure or interlineation is noticed in the margin opposite thereto by the signature or initials of the person certifying on oath to the truth and correctness of such copy.

cortiHed copies, &c.

Eorm and size of

11. The Registrar-General shall, from time to time, prescribe the form and size of copies of deeds, memorials, and other instruments to he registered in his office, so as to facilitate reference to them and render their preservation secure, and shall also make projier indexes to all registrations that (as far as may he) information may readily he obtained by parties interested therein, as to all incumbrances and liens or instruments affecting or intended to affect real estate in New South Wales.

7/Wf/. s, 29.

u.'ed3 to take effect

12. (i) All instruments (wills exc('pted) affecting any lands or duly registered under the provisions of this Act, or of any Act hereby repealed, shall have and take priority not according to their respective dates hut according to the priority of the registration thereof only.

of registration,

other property, in New South Wales which

are executed or made bona fide, and for valuahlc consideration, and are

3.  11.

Gi)

Act. No. 22, 1.S07.

Registration o f Deeds.

(ii) No instrument registered under the provisions oi‘ this ncgi-stcrca deed—

Act shall lose anv priority to -whicli it would be entitled by virtue of ‘̂ ''"1'"' comejing

such registration by reason only of bad faitli in the conveying party, if 22 vic. No. 1 s. is.

the party beneficially taking under such instrument acted bona fide, 21 l ic. No. 7'.

and tlierc was valuable consideration given for the same.

13. No registration of any instrument under this Act, or M istn ics in registra-

intemh'd to he in pursuance of this Act, shall he defeated or made*’'”'-

inciioctual by reason oi any omission, misdescription, or error in any

case where the identity of the instrument in evidence with tlie one

alleged to have been registered is established, and the substantial

requirements of this Act have been complied with.

14. Any person wilfully forswearing himself, or stating any-False swearing to be

thing contrary to the truth in any oath taken under this Act shall ])c

deemed guilty of perjury. 1 Vic. No. Ifi, s. 27.

15. If the Ilegistrar-General or his deputy or any clerk in the i’enaitie.s for neglect

othce of the llegistrar-General upon whom the duty devolves, wilfully ord«khr̂ rg?steiT̂ ̂

or negligently omits to number, register, or enter, or cause to he instrinnents.

numhered, registei’cd, or entered in the manner herein directed any	Vic. No. 45, s. 7.
instrument or certificate delivered into the said office, the person so offending shall forfeit to the Crown for every such offence the penalty of one hundred pounds, and he further liable in damages to the party injured to the extent of the loss or injury sustained.

16. (i) The several fees mentioned in the Second Schedule to this Fees payable under

Act shall (except as is hereinafter provided) he taken by the Registrar- General for the several matters and things in the said Scheduie mcn-^ tioned, and a true and regular account of all such fees shall he kept in the Registrar-Generars office, and all such fees shall he accounted for and paid over by the Registrar-General to the Public Treasrrry.

( i i ) The fees payable on the enrolment of any grant from m,i.

the Crown shall not he paid to the Registrar-General but to the Colonial Treasurer, or to such other officer as is appointed by the Governor to deliver such grant upon the delivery of the same to such grantee or to his representatives or assigns ; and all such fees so paid shall he accounted for and ajiplied in the same manner as other public moneys coming into the hands of the Colonial Treasurer are required to be accounted for and applied.

(ill) In addition to the fees aforesaid every such commis- ». 20.

sioncr of affidavits as aforesaid may demand, and have for his own use for the taking of every verification of any such certified copy as afore­ said, the sum of two shillings and sixpence.

SCHEDULES.

Act Ko. 22, 1897.

Registration o f Reeds.

SCHEDULES.

F IE S T SCHEDULE.

Date of Act. Name of Act. Extent of repeal.

7 Vic. No. IG... Eegistration of Deeds

... Sections 1-7 (inclusive), 9, 11, 12, 14, 19, 27, 29, 31-34 (inclusive), the whole; sec­ tions 8, 10, 15, 18, 20, 22, and Schedule B, the whole, except so far as such sec­ tions and such Schedule respectively relate to stock, to mortgages of stock, to liens on wool, to certificates and registers of births or baptisms, marriages, and burials, or to acknowledgments of deeds ; section 13, the whole, except so far as such section relates to the receiving of certified co])ics as secondary evidence.

13 Vic. No. 45... Transfer of Eegistry

... Sections 1-7 (inclusive) and 9, the whole.

20 Vic. No. 27... Transfer of Eegistry ... Sections 1-3 (inclusive), the whole ; section 4, the whole, except so far as it relates to acknowledgments of deeds.

22 Vic. No. 1 ... Titles to Land ... ... Sections 17 and 18, the xvhole.

24 Vic. No. 7 ... Eegistration Amendment... The whole.

SECOND SCHEDULE. s. d.

1. For receiving every will or certified copy for registration including verifying

the same and indorsement of receipt on original deed ... ... ... 7 G

2. For the enrolment of every grant of land where the quantity granted shall

not exceed 50 acres ... ... ... ... ... ... ... ... 5 0

3. For the enrolment of every grant of land where the quantity shall be over

50 but under 300 acres ... ... ... ... ... ... ... 7 G

4. For the enrolment of every grant of land where the quantity shall exceed

300 acres ... ... ... ... ... ... ... ... ... 10 0

5. For every search for copy of any deed or for any memorial of any deed or

for will or copy of will of one property ... ... ... ... ... 2 G

G. For every search for any copy of any grant of land ... ... ... 2 G

7. For every examined copy of memorial or of any deed not exceeding six

folios ... ... ... ... ... ... ... ... ... ... 5 0

8. For every folio of 90 words exceeding six folios ... ... ... ... 0 8

9. For every extract from any memorial, will, or other writing, per folio ... 0 8

10. For receiving and noting every will deposited for safe custody under any

statutory provision ... ... ... ... ... ... ... ... 5 0

11. For every examined copy of deed of public company or charter of incor­

poration, per folio ... ... ... ... ... ... ... ... 0 8

12. For every search for will ... ... ... ... ... ... ... 1 0

13. For every search for copy of deed of settlement of public company or

charter of incorjjoration	...	...	...	...	...	...	...	1 0
Act