The Real Property Act 1886 (SA)

ANNO QUADRAGESIMO NON0 ET QUINQUAGESIMO

A.D. 1886.

1. Short title.	18. Functions of Deputy-Registrar.
2. Division of Act.	19. Solicitor not to practise.
20. Declaration to be made on taking offioe.
21. Registrar-General to have seal of office;

PART I. instrument benring imprint of seal to be

INTELODUCTORY. received in evidence.

3. Interpretation.	22. Peea-First Schedule.
4. Repeal of existing dcte.	23. Moneys to be paid into Yrmsury ; partier

6. Saving claiise. entitled to be paid by Treasurer upon

G. h w s inconsistont nut to apply. proper warrant.

7. Lands under previous Acts to be under 24. Registmr-General not to be liable for acb

this Act. done bona p&.

11, When

8. Land not to be withdrawn from under

Act.

9. Commencement of Act.

PART N.

THE BRINGING) OF LAND UNDER THE ACT.

25. Land in two classes-

PART 11. I. Land hereafter alienated in fee

OBJECTS O F THE ACT. from the Crown:

11. Land heretofore alienated.

10. Objects to simplify titles and secure in- 26. Land hereafter alienated from Crown to

defeasibility, except in certain cases. Le subject to the provisions.

11. Construction to be placed on Act.

27. Land heretofore alienated may be brought

under tho provisions--Second Schedule.

28. Undivided shares and lands mortgaged or

belonging to manied women not to be

PART 111. brought under except upon conditions.

29. Applicant to surrender documents of title,

THE LANDS TITLES REQIBT&ATlON OFFICE.	and to f urnish abstract if required; state-
12. Lands Titles Office to be at Adelaide.	ments to be made in application; appli-
13. Present officials to perform duties under	cant may require Registrar-General to

this Act. give personal notice.

14. Removal and appointment of officers.	30. Statements to be verified by declaration.
15. Governor may appoint Acting Solicitor.	3 l. Application, how to be .dealt with.
16. Appointment of and duties of Acting	32. Titles to be divided into three clams-

Registrar, I. When applicant ia original grantee

17. Time from which Acting Registrar shall act or cease to act.	and no transnctiontl have been re-
gistered:

49" & 50" VICTORIE, No. 380.

11. When applicant is not original 64. Powers of court to direct cancellation

grantee, or any transactions have of certificate or entry.

been registered: 66. Search allowed-First Schedule.

1x1. When evidence of title imperfect. 66. I n conflict between duplicate certificate

First-class to be brought under Act and the part in the Register Book, the

forthwith. latter to prcvail.

33. Procedure in cases belonging to second-

clam

34. Procedure in cases belonging to third-

class.

36. Notice of application to be published. PART VI.

36. Second and third-class land to be brought THE TITLE OF REGISTERED PROPRIETORS.

under Act.

37. Land brought under the Act by issuing a 67. Instnunents not effectual until regis-

oertdlcate. tered.

38. On return of notices or failure of personal service, Registrar-General to notify to 68. Person named in certiiicate or reaistcred

instrument to be the registered prc$etor.

applicant. 69. Title of registered proplietor indefeasible,

39. Partieu interested may enter caveat, which is to state nature of interest-Third except i n cases of-- -

I. Fraud.

Schedule. 11. Forgery or' disability.

40. If caveat be received within time limited, proceedingcl stayed.	rlr. Erroneous description of limd.
m. Omiesion of easements.
4 1. Applicant may withdraw aqplication.	v. Several certificates for the same

42. Documents of title, inolud~ng other pro- perty, to be returned to~applicant. land.

VI. Adverse possesaion.

43. Certificate to issue in name of deceased applicant or his nominee. VII. Wife's title to prevail.

vm. lease or letting for not more 70. In all other cases title of registered

44. Proceedings for removal of caveat and re- than one year.

covery of costs. rx. Non-payment of succession duty.

. 45. Caveats lapse unless proceedings taken within ono month; caveat not to be re- proprietor to prevail.

newed without leave. 71. Saving of certain rights and powera-

46. Reversion expectant on lease not to be I. Sales by Sherif.

extinguished.	11. Sales by order of court.
1x1. Transmission on insolvency or

assignment.

IV. Contracts.

v. Trusts.

vr. Deed-poll by proprietors of an

PART V. undertaking.

72. Knowledga of trust not evidence of

THE XEOIBTER BOOK. want of dona $des.

47. Registrar-General to keep Register Book.

48. Certificates to be in duplicate; part in Register Book to be called the original.

49. Folios in Register Book.

60. Certificate registered when marked with its volume and folium; instruments re- PART VII.

CERTIPICATBS O F TITLE.

gistered when memorial has been entered 73. Proprietor of freehold to receive certifi-

in the Registor Book. cate-Fourth Sohodde.

51. Memorial defined. 74. Persons registered as joint proprietors to

62. Memorandum of registration to be in- dorsed on registered instrument, and to	be joint tenanta; tenants in common
to receivc each a separate ccrtificate,

be evidence. or one for the entirety.

63. Nemoriul to be recorded on duplicate 75. Certificate may be issued for freehold

instrument. in remainder, and to refer to certificate

64. Instruments to be in accordance with pro- of the particular estate.

viaions of Act. 76. Mode of inheritance or succession to be

55. Instruments may be single or duplicate; implied.

lease may be in duplicate or triplicate. 71. Memorials on certificates.

56. Instruments entitled to priority uccord- ing to date of registration. 7b. Upon surrender of existing certificates proprietor may obtain u single certifi-

5'7. Instrumente when registered to be deemed part of Register Book, tmd to have the cate for all the land.

79. Provision in case of lost certificate;

effect of a deed. provisional certificate may bo iusued.

58. Two or more instruments presented at 80. Certificate to be under hand and seal of

the same time. Registrar-General, and to be conclusive

59. Provision for registration in case of death of party executing instrument.	ovidcnco of title, and that the land is
under the provisions of the Act.
60. Person to whom ccrtificate or other instrument has been issued in error, may be summoned to deliver it up.
131. Person refusing to comply may be

arrested and brought before court. PART VLII.

62. Court may order delivery of instrument. 63. Court may order instrument to be

cancelled, and direct alteration in 81. Certificate map contain statement of

Register Book. right-of -way or other easement.

82. Nature

49' & 50' VICTORIW, No. 380.

The Real Prope+ty Act.-1886.

82. Nature of statement; certificate to con- 111. Pro~rietor may vest estate jointly in him-

tain plan. seif and others.

83. Registered proprietor not subject to ways not mentioned in certificate.	112. Dealings may be registered prior to issue of grant from Crown.
84. No easement in respect of any servient land to he biuding on any proprietor	! 13. Deed poll under Lands Clauses Acts to

have effect as a transfer by a registered

bonn-pdt: for value unless entered on proprietor.

the certificate. 114. Mode of registration of such deed poll.

86. Land to be held free of rights-of-way. 116. Not to lessen effect of deed poll heretofore

86. Public rights-of-way, &C., not within this or hereafter executed.

Act.

87. Certificates heretofore issued conclusive evidence of right-of-way therein des-

&bed. Not to apply to right-of-way

subject to pending litigation, or a right

to which has been concluded adversely. 88. Rights-of -way created hereafter to be PART XI.

entered upon the certificates of both the LEASE8 AWD 8UkkENDBKS.

dominant and servient lands. 116. Land how leased-Eighth Schedule.

89. Short form of describing rigllt-of-way- 117. Contents of lease.

Fifth Schedule. 118. Lease not to bind non-consenting mort-

90. Proprietor may deposit plan shnwing rights-of-way. Subsequent proprietors gagces or encumbrancees.

119. Every registered dealing to be subject to

to be entitled to such rights-of -way.

any prior unregistered lease for term not

exceeding one year.

120. Lease may be surrendered by indorse- ment by lessee with concurrence of lessor.

121. Registrar-General may enter surrender.

PART IX. 122. Upon entry of surrender, estate of lessee

CROWN LEASES. to rcvest in lessor.

91. Interpretation of Crown lease. 123. Mortgaged lease or lease of mortgaged

92. Person now holding under lease or agree- ment may surrender.	land not to be surrendered without con-
sent; and every surrender to be subject
93. Lease to be in triplicate; may be dealt with as if granted by registered pro-	to under-lease.

124. Covenant8 to be implied in every lease

prietor. against the lessee.

94. Registrar-General to enter forfeiture.	125. Powers to be implied in lessor.
96. Registration under this Act not to ive any greater effect to C m m lease tfmn	126. Recovery of possession by lessor to be entered in Register Book.

if this Act had not been passed; Cum- 127. Lease may be registered, although time

for p a p e n t of succession duty has not

missioner may make regulations. arrived.

PART X.

TRANRFRRH. PART XII.

MORTQAQEB, ENFUMBRANCES, AND

90. Tmnsfcrs generally-Sixth Schedule. DlSCnAROER.

97. Covenant to be implied by transferee of land subject to mortgage or encum- 128. Lands how mortgaged or encumbered-

brance with transferor, and with mort- Ninth and Tenth Schedules.

gagee or encumbrancee. 129. Content8 of mortgage or encumbrance.

98, On registration of transfer, certi6cate to 130. Covenant to be implied inevery mortgage.

he cancelled. l 3 1. Subsequent mortgagees or encumbrancees

99. If whole of the land transferred, certifi- cate need not be cancelled. may redeem prior mortgages, &c.

132. Mortgage or encumbrance not to operate

100. Fresh certificate to be issued to purchaser; as transfer; procedure in case of default.

ccrtificate for balance (if my) to be	133. Power of mile.
issued to proprietor if required.	134, Receipt of mortgagee or encumbrancee

101 Map8, &c,, to be deposited. sufficient discharge.

102. Memorial of order for sale of land for non-payment of rates, to operate as a	136. Appropriatiun of proceeds.
136, Rcgistrar-General to give effect tosale by

caveat. mortgagee or encumbrancee.

103. Registration of transfer under order. 137. I n case of default mortgagee or encum-

104. Discharge of memorial. brancee may enter, or may distrain, or

106. Sale . - under3eieri fmiw, or decree, or order may let, or may bring action for re-

of Uourt. covery of land.

106. Transfer not to. be valid against purchaser until entry of writ, decree, or order. 138. Mortgagee or encumbrancee may diatrain on tenant or occupier; no lessee liable

107. Transfer on sale under writ, decree, or order-Seventh Schedule.	for greater sum than amount of rent
actually owing by him.

108. Production of duplicate instrument not required on transfer under decree, order, 139. Mortgagee or encumbrancee of leasehold coming into possession pf rent and pro-

or writ. fib, becomes liable to account.

109. Satisfaction of writ, decree, or order. 140. Mortgagee m y apply to Registrar-Ge.

110. Lapse of writ, decree, or order. neral for order for foreolosure.

49' & 50' VICTORIJE, No. 380.

The ReaE Property Act-1886.

141. Registrar-General to offer land for sale; may issue order for foreclosure.	167. Court may protect persons interestd.
168. Surviving trustees may perform duties or

142. Effect of order for foreclosure.	transfer to new trustees. Registrar-
143. Discharge of mortgages and encum-	General may refer to trust instrument.

brances. 169. Persons may disclaim by deed or other-

144. Bubaequent partial &charge to be by sepa- wise.

- -

rate instrument. 170. Transmission by insolvency or statutory

146. Entry of eatisfaction of annuity. assignment.

146, Mortgage money may be paid to Trea- surer if mortgagee absent from colony. 151. Transmission to be entered in Register

Book.

147. I n such case mortgage shall be discharged. 148. Registrar-General may enter discharge in 172. Proceedings in case assignment declared

void.

certain cases. 173. Insolvency or assignment of lessee-

149. Equitable mortgage may be created. I. When lease is not mortea~ed or

160. Transfer of mortgage, lease, or encnrn- brance-Eleventh Schedule.	encumbered, and refusarofu 05-
~ i a l Receiver or trustee to accept
161. Upon registration of such transfer, trans- feree placed in the same position as to	lease:

11. Mortgagee or encumbrancee of the

righta and liabilities as if he was the	leasehold interest of an insolvent
original mortgagee, lessee, or encum-	may be entered as transferee of a
brancee.	lease:

162. Covenants implied in transfer of lease. m. Protection to subsequent mortgagees

and encumbrancees.

IV. Where Official Receiver, trustee, and mortgagee, neglect to become pro- prietors.

174. Entry of surrender or foreclosure not to

prejudice cause of action.

PART XIII.

176. Transmission of estate of deceased person.

EXTENSIONS.

176. Application to be made in such case.

177 Particulars of entry to be made in such

153. Extension of mortgages, &c. case by the Registrar-General.

164. Regietration of extension and effect 178. Effect of such entry.

thereof. Extension of lease not to bind 179. Where two or more executors or adminis-

non-consenting mortgagees or emnm-	trators, all to concur in dealing with real
brancees. Extension of first mortgage	estate.

not to bind other mortgagees without	180. Persons registered in place of deoeaaed, insolvent or assigning proprietor, to he proprietors of land for purpose dealing.
consent.
181. Proceedings in case executor refuses to

transfer.

182. Court may order transfer to person

PART XIV. entitled.

183. And may decide questioner of title.

POWER O F ATTORNEY. 184. Registrar-General to carry out order of

165. Power pf attorney - Thirteenth Court vesting trust estate.

Bchedube. 185. Action may be brought by beneficiary in

156. Duplicate or attested copy to be deposited. name of trustee.

167. Revocation of power of attorney-Four- 186. Purchaser from registered proprietor not

teenth Schedule. to be affected by notice of trusts.

168. Power of attorney heretofore given.	187. Except in the case of fraud.
159. Entry of death of grantor.	188. Begistration of survivor of joint proprie-

tor, and of remainder man entitled to an

160. Instruments executed before entry of revocation or death to be valid. estate in posseesion.

189. Marriage of female proprietor to be cntcred in Register Book.

190. Husband may be registered as co-pro-

prietor of land not held for wife'a sepa-

rate use.

PART XIT.

TRUST8 AND THANSMIOSIONS.

161. Trusb contained in grant to be inserted in

v PART XVI.

certificate.

162. No particulars of trusts to be entered in CATEATR.

Reaister Book. Instruments declarina 191. Caveats other than by the Regietrar-

tr&s may be deposited. ~ e ~ i s t e r e a General-

instrument may refer to deposited in- I. Fonn of caveat-Twelfth Sche-.

strument? such reference not to operate dule:

W notice of trusts. 11. Registrar-General to make memo-

163. Insertion of the words '' no survivorship" randum of rcceiot:

in inatnunents. III. Not to register dealings contrary to

164. Truatees may authorise insertion of those caveat:

words. ry. Persons interested may summon

166. No less number of original joint proprie- caveator:

tors to deal with land without order of v. Caveatee may apply to have caveat

Court. removed:

166. Court map direct notice to be published VI. Mode of removing or diecharging

before order ia made, caveat:

49' & 50' VICTORIE, No. 380.

-

The Real Property Act.-1886. 7

VII. Caveator may apply to Court for v. Form of issue:

order to extend time: yr. Court may make order after trid of

TIII. May withdraw caveat. Court may issue:

order payment of costs: VII. Effect of order:

zx. Renistrar-General to enter order of VIII, Treasurer to pay compensation.

YCourt: 214. Proceedings where same land ie included

X. Caveator, except Registrar-General, in two or more grants from the Crown;

liable to make com~ensation : Assurance Fund not liable in such case.

XI. ]Sot to lodge further caveat without 215. Limitation of action.

leave of Court: 216. If person guilty of lache8 judgment to go

XI. Court may order costs if caveat by against him.

Registrar- General is removed by	21 7.	Payments out of the Assurance Fund to be
Court.	deemed made on account of certein persons

218. Moneys paid out of the Assurance Fund

may be recovered.

219. Judgment may be entered by Registrar-

PART XVII.	General for amount paid on account of
EJECTYENT.	absent persons.

192. Summons to gire up possussion.

193. Summons to contain description of land.

194. On non-appearance to stiinmons, or on consent to an order, Judge may order PART XIX.

possession.

195. On payment or tender of rent and costs Judge may dismiss summons. SPECIAL POWERS AND DUTIES O P THB

BEOISTBAB- QENElUL,

196. Dismissal of summons not to prejudice 220. Powers of Registrar-General-

other rights. I. To compel production of docu-

197. Effect of order for possession.	ments; to examine person inte-
198. Writ of habere facias unnecessary where no one is in possession, or the land is	rested:

rr. To administer oaths:

surrendered vduntarily .. 111. To summon person having possee-

199. Existing rights preserved. sion of duplicate instrument:

200. h c a l Court Act, lbG1, to apply to this IV. To correct errors:

Act.

I

VI. To withdraw caveab:

v. To enter caveats:

vn. To alter forms of intsrumenta:

TIII. May require map to be deposited:

PART XVIII. I IX. To dispenee with duplicate certifi- cates and other instrument8 in certain cases; notice to be given

THE ABBUHANCE FUND.

201. Contributions to be levied for assurance before registering any dealing.

of title. Begistrar-General may require 22 1. Proprietor may summon Registrar-General

certificate of value-First Schedule.

202. Assurance fund to be public revenue. to show cause if dissatisfied.

222. Hearingof summons; expenses to beborne

203. Party deprived of land may sue for com-

pensation. by applicant.

204. Exoneration of proprietor after transfer for value, except in certain cases. 223. Power to Registrar-General to state case

for Court.

205. Proceeding against Registrar-General as

nominal defendant.

206. When compensation awarded in action

cannot be recovered Assurance Fund PART XX.

liable. PROCEDURE AND I'ENALTIEB.

207. Purchasers, &C., protected.

224. I n conduct of actions under the Act, the

208. Proceedings against Elegiatrar-General as

nominal defendant, in caae of loss sus-	same rights of appeal, and the same
tained by action of Lands Titles Office.	rules of procedure shall apply as exist
Kotice of action to be served on	for the time being for actions of similar

Registrar - General	rrnd	Attorney-	nature; Judges may make rules and
~eGertl1.	orders-Twenty-first Schedule.

509. Value of buildings to be excluded, unless	225. Fees of Court.
226. Form of summons by Registrar- General-

made in ignorance of loss or deprivation.

210. Persons &iming may, befor;: taking Twenty -second Scheduie.

proceedings, apply to ltegistrar-General 227. On refusal or neglect of person sum-

for compensation. moned Registrar-General may apply to

21 1. Assurance Fund not liable for breach of Judge.

trust, or improper exercise of power of	228. Declarations before whom to be made,
aale.	229. Felonies under the Act,

2 12. Nor for misdencription of boundaries or 230, Perjury.

parcels, except in certain cases. 231. Punishment of felony or perjury.

213. Claims against the Assurance Fund, how 232. Penalty for certifying incorrect instrtl=

enforced- menta.

I. Mode of application by claimant: 233. Certain fraudulent acts to be misdemea-

11. Begistrar- Generalmay show cause: nors.

1x1. Court may direct question of fact 234. Certificate, &C., procured by fraudto be

to be tried: void.

rv. Court may order production of 236. Penalties how recovered.

papers: 236. Proceedings before Justicee.

49' & so0 VICTORIW, No. 380.

The Real Property Act.-1886.

237. Proceedings on default in payment of 258. Reference to Real Property Acts.

penalty. 259. General powers of Court not affected.

238. Appeal. 260. Valuable coasideration may be proved by

259. Local Court may state special case. prior instruments.

240. Conviction not to affect civil remedy. 261. Geucral covenants to be implied in in-

struments.

262. Implied powers and covenants may be

modified or negatived.

PART XXI. 263. I n action for breach of implied covenant,

the psrty may be proceeded against as

if he had covenclnted in express words;

241. Scale of maps or plans.	implied covenant to have same force as
242. Every certificate of title shall have a dia- gram showing measurements.	if set out at length.

264. Implied covenants to be joint and several.

243. Surveyor to be specially licensed. 265. Short forms of covenant in mortgages and

244. Provisions for persons under disability. leases-Sixteenth Schedule.

245. When no guardian or committee, Court may appoint one: and may appoint 266. Short form for expressing exception of mines and minerals-Seventeenth Sche-

next friend. dule.

246. Unregistered instruments to confer claim to registration; application to llegistrar- 267. Bcfure whom ingtruments may be execu- ted-Eightccnth Schedule.

General, who may reject same. 268. Attestation how proved in other csscs-

247. Informal documents may be registered. Nineteenth Schedule.

248. Entries to be made on registration. 269. Registrar;Gcneral may dispense with

249. Equities not aboliahed. proof.

250. Lis ptwdena not to be registered, 270. Execution of instrument by corpora-

261. No title by adverse possession. tion.

262. Corporations and District Councils to 27 1. Registrar-General may license land bro-

furnish Registrar-General with plans of kers-Twentieth Schedule.

streets, &c. 272. Bond to be given and declaration made.

253. Surveyor-General to furnish particulars of orders confirming opening of new	273. Authority to register.
274. No persons except solicitors and brokers

roada, &C. entitled to recover fees.

264. Power of Registrar-General to make necessary alterations on plans in hi8 275. Forms in Schedules may be varied to meet the circumstances of the case.

office. 276. Notices, how to be given.

266. Acknowledgments to be made by married

women.

266. Mode of acknowledgment - Sixtoenth

Schedule.

267. Registration of woman as entitled for her

separate use. SCHEDULES,

An Act to consolidate and amend the '' Real Property

Act, 1861 ," the " Real Property Act Amendment

Act, 1878," and the " Rights-of-Way Act, 1881," and for other purposes.

[A ssetzted to, Noden br r7th, 1886.1

W HXREAS it is expedient to consolidate and amend the " Real	Property Act of 1861," the 'c Real Property Act Amendment Act of 1878," and the Rights-of-Way Act, l881 ": Be it there- fore Enacted by the Governor of the Province of South Australia,
with the advice and consent of the Legislative Council and House
of Assembly of the said province, in this present Parliament assem-
bled, as follows:

f4h0rt title. 1, This Act may be cited for a11 purposes as "The Real Property

Act, 1886."

Diddon	A C ~	into	2, This Act is divided into twenty-one parts, as follows :-
Parfa.
PART r.-Introductory, sections 3 to 9.
PABT 11.-Objects of the AA, sections 10 and 11.
PART 111.-The Lands Titles Registration Office, sections 12

49" & 50" VICTORIE, No. 380.

The Real Property Act.-1 886,

- P

PART IV.-The bringing of Land under the Act, sections 25

to 46.

PART	v.-Thc	Register Book, sections 47 to 66.
PART	m--The	Title of Registered Proprietors, sections 67

to 72.

PART VII.-Certificates of Title, sections 73 to 80.

PART vm-Essements, sections 81 to 90.

PART IX.-Crown Leases, sections 91 to 95.

PART X.-Transfers, sections 96 to 115.

PART XI.-Lcases and Surrenders, sections 1 l 6 to 127.

PART XII .-Mortgages, Encumbrances, and Discharges, sec tioils

128 to 152.

PART sm.-Extensions, sections 153 and 154.

PART xrv.-Powers of Attorney, sections 155 to 160.

PART XV.-Trusts and Transmissions 161 to 190.

PART xvr.-Caveat, section 191.

PART xvrr.--Ejectment, sections 192 to 200.

PART xv111.-The Assurancc Fund, sections 201 to 219,

PART XIX.-- Special Powers and Duties of Registrar-General,

sections 220 to 223.

PART xx,-Procedure and Penalties, sections 224 to 240.

PART xx1.-Miscellaneous, sections 241 to 276.

PART I.

INTRODUCTORY.

3. I n the construction and for the purposes of this Act, and in all Intarpetetion cluuse.

instruments made or purporting to be made thereunder, the follow-

ing terms shall, so far as not inconsistent with the context or subject,

and except when such context or subject or the other provisions hereof require a different construction, have the respective meanings hereinafter assigned to thcm, that is to say-

-

" Assurance Fund " shall mean the public rcvenue of the province Amrance Fund.

to thc extent of the balance for the time being, constituted by the present amount of the Assurance Fund formed under the Real Property Acts, or any of thcm, and by the amount of all sums received under sections 201, 218, or 219 of this Act, after deducting all payments hereafter made by the Treasurer under Part XVIII, hereof, together with interest on the said balance after the rate of Four Pounds per centum

per annum:

'( Caveatee " shaU mean any person against whose application for CBVWW,.

w y

qg" & 50" VICTORIA$ No. 380.

The Real Property Act.--1886.

any purpose a caveat has been lodged, and shall include the registered proprietor of any land in respect of which a caveat has been lodged:

Gaveator, '' Caveator " shall mean any person lodging a cavcat:

Certdicate.

Certificate " shall mean a certificate of title issued under any of the

Real Property Acts, or any grant from the Crown issued after

the passing of the Real Property Act " No. 15 of 1857-58,

and shall extend to and include all plans and entries thereon:

Chief Secretary. Chief Secretary " shall mean the Chief Secretary of the province:

Court. "Court " shall mean the Supreme Court of the province, or any

Judge thereof:

Dealing" shall mcan any instrument or matter, whereby any land or the title to any land can be affected, or dealt with:

Document of title.	Document of title " shall mean and include every document evidencing or relating to the title to any land not under the provisions of any of the Real Property Acts:
Dominant land.	Dominant land " shall mean any land having a right-of-way or other easement appurtenant thereto or annexed to the ownership thereof:

c'Encumbrancee" shall mean the registered proprietor of an encumbrance:

G Encumbrancer " shall mean the registered proprietor of land subject to an encumbrance:

Instrument " shall mean and include every document capable of registration under the provisions of an i of the Red Property Acts, or in respect of which any entry is by any of the Real Property Acts directed, required, or permitted to be made in the Register Book:

Instrument of title. 6 b Instrument of

evidencing or relating to the title to any Iand under the title " shall mean and includc: every instrument

provisions of any of the Real Property Acts:

Land. "Land" shall extend to and include a11 tenements and here- ditaments corporeal and incorporeal of every kind and description, and every estate and interest in land:

Leasee. Lessee " shall mean the registered proprietor of a lease:

h u a r. "Lessor" shall mean the registered proprietor of land subject to a

Lease:

Lunatic. Lunatic " shall mean any person who shall have been found to be a lunatic upon inquiry by the Court, or upon a com- mission of inquiry or an inquisition issuing out of the Court in the nature of a writ de lunatico inquirendo :

Mortgagee " shall mean the registered proprietor of a mortgage:

G Mortgagor " shall mean the registcrcd proprietor of land subject

to a mortgage: Persons

49' & 50' VICTORIW, No. 380.

-

The Real Property Act.-1886.

b L Person of lmsound mind " shall incan any person not an infant, PART I.

who, not having bccn found to be a lunatic, shall be inca- Person of unsounci

pable, from infirmity of mind, of managing his own affairs: mind.

6' Proprietor " shall mean any person seized or possessed of, or

entitled to land:

Registered proprietor " shall mean any person appearing by the Registered proprietd

Register Book, or by any registered instrument of title to,be the proprietor of any land.

Servient land " shall mean land subject to any easemcnt: Eervient land.

G' Statutory assignment " shall mean any deed assigning a debtor's statutOv 88sipent.

estate for the bencfit of his creditors, executed under or in

parsuancc of Division vl. of " The Insolvent Act, '1860," or

any other Act:

9 9 The Real Property

The Real Property Acts " shall mean the Real Property Act . , , ,

(No. 15 of 1@57-8), '' The Real Property Law Amendment

Act " (No. 16 of 1855), the Real Property Act of 1860 "

(No. 11 of l860 j, the '' llcal Yroperty Act of l86 l. " (No. 22

of 1861), the 6%eal Property Act Amendment Act of 1878 " (No. 128 of 1878), the " Rights-of-NTay Act, 1881 " (No. 223 of 1881), and this Act:

'' Transmission" shdl mean the passing of titlc to land in any Tran~&sion.

manner other than by transfer:

The description of any person as proprietor, transferor, transferee, Proplietor to include repreaentatives.

mortgagor, mortgagee, caveator, caveatee, encumbrancer, eneumbrancee, lessor, lesscc, or trustee, or 3s seized of, having, or taking any estate or intcrest in land shall be deemcd to extend to and include the heirs, executors, administrators, a i d assigns of such persun.

4. The following Acts or parts of Bcts are hereby repealed :-- Repeal.

S Number. Title. Estent of Eepeal.

.- i -----

22 of 1861. L' Real Propert,y Act of 1861." The whole.

128 of 1878. " Real l'roperty Act Amendment Act of 1878 " The wholc.

228 of 1881.	Rights-of-Way Act,	188 1 ."	The whole.
(The following xvords a t the end of section 3, sub - sec-

225 of 1881. Act to amend " The Probate and Succession tions 2 and 3 :

Duty A C ~,	187(i.~*	{	--"The estate
being exempt

1 under clause 2

of this Act."

5. Such repeal shall not affect any appointment, ~egulntiori, S ~ v i n g c l n u ~ e

instrument, fund, act: matter, or thing lawfully made, dofie,

executed,

B-380.

49O & 50' VICTORIE, No. 380.

The Real Property Act.-1 886.

. A * I- executed or in existence under the authority of the said Acts or any or either of them; nor prevent prosecution or punishment for any offence committed or act done in violation of the provisions of the said Acts or any or either of them; or interfere with the re- covery of any penalty or of any forfeiture incurred under the said Acts or any or either of them; or with the enforcement, vindica- tion, or recovery of any estate, right, title, trust, covenant, contract, or interest preserved, acquired, accruing, existing, or entered into under the provisions of the said Acts or any or either of them; nor shall such repeal affect or in any way interfere with any act or thing, prosecution or punishment, enforcement, vindication, or recovery saved or protection given by the said repealed Acts; and all applications, actions, suits, proceedings, instruments, regis- trations, and othcr acts, matters, and things made, commenced, pending, signed, entered, or done under the said repealed Acts or ady or either of them before the passing of this Act, may be proceeded with, prosecuted, completed, and acted on in the same manner and shall be as valid and effectual as if this Act had not been passed.

Lawsinconsistentnot

to apply. 6. No law, so far as inconsistent with this Act, shall apply to

land subject to the provisions of this Act, nor shall any future law, so far as inconsistent with this Act, so apply unless it shall be expresssly enacted that i t shall so apply " notwithstanding the pro- visions of ' The Real Property Act, 1886.' "

Lan& under previous

Acts to be under this	7, All land subject to thc provisions of any of the Real Property Acts, shall, on and from the day upon which this Act shall come into operation, and all land hereafter brought under the provisions of
A C ~.
any of the Real Property Acts, pursuant to any application com-
menced at the time of this Act coming into operation, shall from the time of the issuing of the certificate for such land, be held subject to the provisions of this Act.

h n d not to be with- 8. NO land once subject to the provisions of this Act shall ever

drawn.	be withdrawn therefrom.
Commencement of

Act. 9. This Act shall come into operation on the first of Jannary,

one thousartd eight hundred and eighty-seven.

OBJECTS OF THIS ACT,

Objects, 10, Thc objects of this Act are to simplify the title to land, and

to facilitate dealing therewith, and to secure indefeasibility of title to all registered proprietors, except in certain cases spccified in this Act.

Constructivn. 11. This Act shall always be construed in such manner as shall

best give effect to thc objects hereinbefore declared.

PART

49u & 50' VICTORIZ, No. 380.

The Real Property Act.-1886. -

PART 111.

THE LANDS TITLES REGISTRATION OFFICE.

12. Thc Lands Titles Registration Office shall be continued at h d e Titles Ofiico to

Adelaide for the purposes of this Act. be at Adelaide,

13. The department of the Registrar-General shall carry out the Present Registrar- General and ofacere to

provisions of this Act, and shall consist of a Registrar-General,	perform duties under
and such Solicitor and Deputy Itegistrars and other officers and	this Act.
clerks as may be found necessary. The present Registrar-General, Solicitor, Deputy Registrars, and other officers and clerks of the said department shall perform all the duties of their respective offices under this Act.

14. Every Registrar-General, Deputy Registrar, and Solicitor Removal of offlcera.

may be rcmovcd by the Governor for neglect of duty, want of skill, untrustworthiness, or illcapacity; and it shall be lawful for the Governor to remove any other officer or any clerk of the said department at pleasure, and to fill up any vacancy occurring - in the department.

15, The Governor may appoint and at pleasure remove an Governor may appoint

Acting Solicitor who shall while holding such appointment perform Acting Solicitor.

all the duties of a Solicitor of the department.

16, Thc Governor, as occasion may require, may appoint an	dutiea of, Acting
Appointment of, and

Acting Registrar-General, and in the event of the suspension,	Registrar.
absence, or incapacity of the Registrar-General, the Acting Begistrar shall, in his stead, exercise and execute all the powers and duties
of the Registrar, and the Registrar-General shall not have power
to act during such time as the Acting Registrar shall be lawfully acting. Unlcss or until an Acting Reeistrar-General be appointed, thc senior Deputy Registrar for the tune being shall ex ufficio be

Acting Kegistritr-General.

17. The Acting Registrar-General shall act from such time as he	Time from which
Acting-Registrarshall

shall receive from the Attorney-General a notice that the Registrar-	act or cease to act.
General has been suspended, or that the Registrar-General is about to absent himself or has absented himself, or is incapacitated from performing his' duties; and such Acting Registras-General shall cease to act from such time as he shall receive from the Attorney- General a certificate under his hand to the effect that the Registrar- General resumes his duties.

18, Whcncvcr, by any law for the time being in force in the said	Registmr-General.
Functions of Deputy

province, anything is appointed or authorised to be done by the Registrar-General, the same may be lawfully done by any Deputy Registrar-General.

19, I t shall m; t be lawful for any person whilst holding the office 801icitor not to

of Solicitor under this Act to engage in private practice as a pmctim.

barrister, attorney, solicitor, or licensed land broker, but this

prohibition shall not apply to any Acting Solicitor. * 20. The

49' & 50' VICTORIE, No. 380. --

The Real Property A&-1886.

PART 111. 20. The following declaration shall be made before a Judge by

Declaration to be every Registrar-General, Deputy Registrar-General, and Acting made on taking office. Registra~-(hmml who may hereafter be appointed, before entering

upon the execution of his office-

I, A. B., do solemnly and sincerely declare that L will faithfully, and to the best of my ability, pursuant to 'c The Real Property Act, 1886," execute and perform the office and duties of Registrar-General [or Deputy Registrar-Geileral, or Acting Registrar-General, as ihe case muy be] for the Province of South Australia.

Seal of office t o be

received in ovidmce. bearing the impression of the Royal Anus of England, and having 21. The Registrar-General shad1 have and use a seal of office

inscribed in the margin thercof the words Rcgistrar-General South Australia ;" and every instrument bearing the imprint of such seal, and purporting to be sigried or issued by the Registrar-General, or by one of his deputies or by the Acting Registrar-General, shall be received. ill evidence, and shall be deemed to be signed or issued by or under the direction of the Registrar-General, or Acting

, Registrar-General, without further proof, unless the contrary be

shown.

Fees 22. The Registrar-General may demand and rcceive such fees in

respect of the scvcral rriatters provided for in this Act as shall from

scheaae. time to time be appoin tcd by the G overnor, not in any case exceeding the several fees specified in the First Sched~~le hereto, and until the Governor shall otherwise appoint, shall demand end receive in respect of such matters the several fees specified in the said Schedule.

Regigtrar-Generalto

ay moneys into 23. The Registrar-General shall keep a correct account of all

d	o	s u m s of
money received by him in accordance with the provisions of this Act, and shall pay the same into the public Treasury of the province at such times, and shall render accounts of the same to such persons, and in such manner as may be directed by any regu-

render accounts.

prescribed by the Governor, and shall address to the Treasurer lations that may for that purpose bc in force, or from time to time requisitions to pay moneys received by him or by the Treasurer, in trust or otherwise, on account of absent mortgagees or other persons

Parties entitled to be	entitled, in accordance with the provisions of this Act, which
paid by Treasurer	requisitions, when proved and audited in manner directed by any

u ~ o n ~ ~ o ~ e r w a ~ a n t.

such regulations, and accompanied by a warrant for payment of the

same under the hand of the Governor, countersigned by the Chief Secretary, the Treasurer shall he bound to obey; and all fines and

fees rcceived under the provisions of this Act shall (subject to the

provisions hereinafter contained respecting the Assurance Fund) be

carried to account by the Treasurer as geueral revenue.

' s t ~ - G e ~ l n o t 24. The Registrar-General shall not individually, nor shall any

to E Ziable for acb

done bow8 $h. person acting under his authority, be liable to any action, suit, or proceeding for or in respect of any act or matter bo~zd f ide done, or omitted to be done, in the exercise or supposed exercise of the powers of this Act. PART

49" & 50' VICTORIE, No. 380. 13

C _

The Red Property Act.-1886,

--

PART IV. -----p PART ~ v.

THE BRINGING OF LAND UNDER THE ACT,

25. For the purpose of bringing land under the provisions of this Land in two claaaea.

Act, it shall be regarded as divided into two classes, as follows:-

I. Land hereafter alienated in fee from the Crown:

11. Land heretofore alienated in fee from the Crown.

26. As to land liereafter alienated in fee from the Crown, the Land on alienation from Crown to be

same shall, immediately on alienation, be subject to the provisions	~ ~ t.
of this Act.

27. As to land heretofore alienated from the Crown in fee but Ftk

not under the provisions of any of the Real Property Acts (whether this A C ~ comes into

such laud shdl constitute the entire or only part of the land ~~~~~~e

included in any land grant), the samp mey be brought under the operation of thia ~ c t.

~rovisions of this Act in the following manner. that is to sav-

?he Registrar-General shall receive ap&ations in the form of 'the

Second Schedule hereto, or in a form to the like effect, if made by Second Schedule. any of the following persons, that is to say--

By any person claiming to be the person in whom the fee simple is vested either at law or in equity: Provided that wherever trustees, seized in fee simple, have no power to sell the land which they may seek to bring under the provisions of this Act, the persons claiming or appearing to be beneficially entitled to the said land shall consent to such application:

By any person having power to appoint or dispose of the fee simple, a t law or ia equity, in cases where the Registrar- General shall be satisfied that the application is made for the purpose of carrying such power into effect:

By any person claiming a life estate, not being a leasehold for a

life or livcs: Provided that all persons claiming or apyear-

ing to be beneficially entitled in reversion or remainder shall

join in or consent to such application:

The father, or if the father be dead, the mother or other guardian of any infant, or the comrnittcc or guardian of any lunatic or person of unsound mind, may make or consent to such appli- cation in the name or on behalf of such infant, lunatic, or person of unsound mind; and any person holding s power of attorney authorising the sale of a fieehold estate in any land may makc the application in respect of such land in the name or on behalf of the proprietor, unless such power shall expressly prohibit his so doing.

28. No such application shall be received from any person claim- Undivided shares and mortgs d lands, end

ing to be entitled to an undivided share of any land unless the land be%qing to

persons who shall appear to be entitled to the other undivided shares ~ ~ f ~ ~ ~ ~ ~ ~ ~ U ~ & ~

shall join in the application with a view to bringing the entirety A C ~ acept upon

under conditiolls.

1 4 49' & 50' VICTORIW, No. 380.

The Real Prope~ ty Act.-1 886.

P ~ 8 ~ IT* under the orovisions of this Act; nor from the mortgagor of any land unless- the mortgagee shall consent to such application; nor from the mortgagee of any land except in the cxercise of or for the purpose of giving effcct to a sale under a power of sale contained in the mortgage deed; nor from a married wornan unless her husband shall consent to such application, or unless the land be her separate property or held for her separate use.

A~~licanttosunenaer 29. Every. applicant shall, when making his application, sur-

documents of tit19	and to furnish render to the Registrar-General all documents of title in his posses-
absbctifrequired. sion or under his control relating to or in any way affecting the

land, and shall furnish a schedule of such documents, and also, if

required, an abstract of his title, and shall, in his application, state the nature of his estate or interest in the land, and of every estate or interest therein held by any other person, whether at law or in equity, in possession, reversi on, remainder, or cxpectancy, and give

Statements to be made

in application.	full particulars of everv right-of-way or other easement affecting the land of which he is aware, or has had notice, or which he knows to
be claimed by any other pt!rson, and shall state whether the land be
occupied or unoccupied, and if occnpied, the name and description of the occupant, and the nature of his occupancy? and whether such occupancy be adverse or otherwise; and shall, when practicable, state the names and addresses of the occupants and proprietors of all lands contiguous to the land in respect of which application is made so far as known to him, and that the schedule so furnished includes
a11 documents of title relating to such land in his possession or u n d e ~
Appl*sntmay re-
uire Regiatrar-	his control, and may, in 6is application, reqGre the Registrsr-

e to - General, at the expense of the applicant, to cause personal notice of

B O notice. ~ the application to be served upon any person whose name and address shall for that purpose be therein stated, and shall give an address within the city of Adelaide tu which notices in of such application may be scnt.

Btntemmtg to h3	30.	The statements made in the application shall he verified by
verified bp

declaration.

the declaration of the applicant or thc person acting in his name or

on his behalf.

Application, how to 31, Upon receipt of the application the Registrar-General shall

be dealt with.	cause the title of the applicant to be examined and reported upon
by the Solicitor of the department.

Titlea in threeclaeses. 32, For the purposes of a11 applicntions, thc titles of applicants

shall be divided into three classes as follows :-

When applicant is

original grantee, and Class I. When the applicant is the original grantcc from the

no tramactiona haw

Crown, and the land has been granted an or subsequently

been registered.

to the first day of March, one thousand eight hundred and forty-two, and no transaction affecting the title has at any time been registered, and the applicant has not req~lired

notice of, his application to be served pergonally upon any

person:

Class

49" & 50" VICTORIE, No. 380. 15

- -

The Real Property Act. -1 886.

Class 11. When, although the title does not belong to the first interest described in the application free from mortgage, any tranactioaa hare ori(rina1 grantee, or P*B* Ir+

class, the laud is held by the applicant for the estate or When applicant isnot

encumbrance, or other bciieficinl interest affecting the title been registered.

thrreto, or if any such mortgage, cncurnbrance, or interest exists the parties interested therein join in or consent to the applicat.ion, and the applicant has not required notice of his application to be served personally upon any person:

Class 1x1. When any person beneficially interested in the land Whenevidence of	otherwise than as lessee, or any person interested in any title imperfect.
mortgage or encumbrance affecting the title, is not a party joining in or consenting to the application, or the title or evidence of title set forth by the applicant is imperfect, or the applicant has required notice of his application to be servcd personally upon any person:

Tf it shall appear to the Registrar-General that the title of the applir First class to be brought under this

cant belongs to the first class he shall bring such land under the Act

provisions of this Act forthwith.

General that the title of the applicant belongs to the second class, second class. 33. If it shall appear to the satisfaction of the Registrar- Procedure under

he shall cause notice of the application to be published four times in the Government Gneeite; and shall further limit and appoint a time, not less than one month nor more than twelve months from the date of the first publication in the Government Gazette, upon or after the expiration of which he shall, unless he shall in the interval have received a caveat forbidding him so to do, bring the land under the provisions of this Act.

34. If it shall appcar to the satisfaction of the Registrar- Procedure under third

General that the title of the applicant belongs to the third class, class.

it shall be lawful for him to reject such application altogether,

or in his discretion to cause notice of the application to be served

have any interest in the land which is the subject of the applica-	upon a11 persons other than the applicant, who shall appear to	tion and to be published in the Governmellt Gazette, and in such manner as he may direct; and to limit and appoint a time, in his discretion, or as the Court may prescribe, not less than two months nor more than twelve months from the date of the first of such pub- lications in the Government Gazette, upon or after the expiration of which it shall be lawful for the Registrar-General to bring the land under the provisions of this Act, unless hc shall in the interval have received a caveat forbidding him so to do.
in such manner as aforesaid, or in such other manner as may be to be published. 35. The Registrar-General shall cause notice to be published Notice of ap~limtion
prescribed by any order of the Court, that application has been made for bringing the land therein referred to under the provi- sions of this Act, and shall also cause a copy of such notice to be posted in a conspicuous place in his office, and in such other

places

49O & 50" VICTORIrE, No. 380.

The Real Property Act.--1886.

P A ~ Iv- places as he may deem necessary, and s l d l forward, bv registered letter marked outside " Lands Titles Office," through the Post Office, a copy of such notice addressed to each of the persons, if any, stated in the application to be in occupation of the land, or to be occupiers or proprietors of land contiguous thereto, so

far as his knowledge of the addresses of sudi persons shall enable

him, and to such other persons as he may 'think fit, and in case

the applicant shall have required any notice to be personally served upon any person named in his application, then and in such case the Registrar-General shall cause a copy of such notice to be so served upon such person.

Second and third

classes brought under 36, If within the time limited and appointed as aforesaid by

the hot. the Registrar-General, or undcr any order of the Conrt, any notice forwarded by registered letter as aforesaid, shall not be returned to him by the Postmaster-General, and if within the time so limited he shall not have received a caveat, as hereinafter described, forbidding him so to do-and in any case in which personal notice may be required as aforesaid, if he shall have received proof to his satisfaction that such notice has been served, the Registrar-General shall bring the land described in the application under the pro- visions of this Act.

HOW I R ~ I to be 37. The Registrar-Gcncral shall bring land under the provisions

bmught under Act-	of this Act by ifisuing a certificate for the same to the applicant, or to such person as he or the person applying in his name or on his behalf may by any writing under his hand direct.
or failure of peraonal

On a return of notices 38, The Registrar-General, whenever he shall be made aware

eervice, Registrar-	that any notice required by any applicant to be served personally
General to notify to	has failed to be, or cannot be so served, shall notify the same
tlle applicant.	to such applicant, who, if he think fit, may, by writing undcr his hand, withdraw such requirement, and the LCegistrsr-General
thereupon or in case m y noace shall be rcturlicd t o him by the Postmaster-General, may reject the application altogether, or bring

Or may rppli- the land therein described under the provisions of this Act forth-

cation.

with, or after such further interval, notification, or advertisement

as he may deem fit.

Partica interesteamsy 39, Any person having or claiming an estate or interest in any

enter C R Y O ~ ~.	land sought to be brought under the provisions of this Act, or the attorney or agent of any snch person, may, within the time by the Registrar-General or under any order of the Court for
Third Schedule.	that purpose limited, lodge a caveat with the Registrar-General, in the form of the Third Schedule hereto, forbidding the bringing

Caveat to etate nature of such land under the provisions of this Act. Every such caveat

of intorent. shall state the nature of the estate or interest claimed by the person lodging the same, and the grounds on which snch claim is founded, and no caveat shall bc received unless some address within the city of Adclaide shall be given therein at which notices and proceedisgs relating ta the caveat may be served.

40. The

49' & 50° VICTORIE, No. 380.

The Real Property Act.-1886.

P ~ m IT*

40. The Registrar-General shall, upon receipt of any such caveat

the time limited as aforesaid, give notice thereof to thc appli- If cmeat be received

cant proprietor, and shall suspend f orther action in the matter, and proeeedingn dayed.	within time limited,
thc land in respect of which such caveat, shall have been lodged shall llot be brought under the provisions of this Act until such caveat shall have been withdrawn, or shall have lapsed from any of the causes hereinafter provided, or until a decision therein shall have been obtained from the Court having jurisdiction in the matter.

41, Any applicant may withdraw his application at any time Applkant may withdraw his

prior to the issoing of the certificatc, and the Registrar-General ,,hBtirn.

shall in such case, upon request in writing signed by the applicant,

return to him, or to thc person, if any, notified i n the application

as having a lien thereon, all documents of title deposited in support

of the application.

42, Upon issuing a certificate bringing land under the pro- Documents of title, if they include other

visions of this Act, the Registrar-General shall indorse a memoran- pmpe*y, be

duin on every document of title deposited by the applicant in support returned to applicant.

of his application, stating that the lands described in such certificate

have been brought wider the Real Property Act. If any such docu- ment of title shall relate to or include any property, whether personal or real, other than thc land included in the certificate, the Registrar- General shall return such document to the applicant, but otherwise shall retain the same in his office; and no person shall be entitled to the production of any document so retained, except upon the writteu order of the applicant or of some person claiming through or under him, or upon the order of the Court.

43. In case an applicant, or the person to whom he or the certificate to issue in

person applying in his name or on his behalf, may have directed a ~ ~, " l; e & $, " ~ ~ ~ ~ ~ o r or

certificate to be issued. shall die in the interval between the date hi8 nominee.

of the application and the date on which the certificate shall be

issued, the certificate shall be issued in the name of the applicant,	or in the name of the person to whom it shall have been so
directed to be issued as the case may require, and the land shall devolve in like manner as if the certificate had been issued prior to the death of the applicant or of such person.

44. Whenever a caveat shall have been lodged with the Regis- Caveat @nst bring-

trar-General forbidding land to be brought under the provisions of ing land under the

this Act, the like proceedings as are hereinafter provided for the

removal of caveats, in the case of land already under the pro- Pmceedingaunaer

visions of this Act, shall be open to the caveatee for removal of the cayeat.

mveat, and for the recovery of costs and damages from the caveator,

in case the caveat shall have been lodged by the caveator wrongfully

and without reasonable cause.

45. Every such caveat shall be deemed to have lapsed, after the Caveatslapseunle~

expiration of one month from the receipt thereof by the Registrar- within one month,	proceedings taken
General, unless the person by whom or on whose behalf the same

C- 330. was

49" & 50' VICTORIE, No. 380.

The Real Property Act.-1886.

P*= Iv. was lodged shall, within that time, have taken proceedings in the Court to establish his title to the estate or interest claimed by him, and given written notice thereof to he Registrar-General, or shall have obtained from the Court an order or injunction restraining the Registrar-General from bringing the land under the provisions

Caveat not to be

renewed without	of this Act. No such lapsed caveat shall, except by leave of the
leave of court.	Court, be renewed by or on behalf of the same person in respect
of the same estate or interest.
ReveAonexpectant

on lease not to be 46, The reversion expecta,nt upon a lease shall not be deemed to

extinguished. have been extinguished in consequence of the land comprised in such lease having been brought undcr the provisious of this Act, and the registered proprietor of any land which is subject to a lease granted prior to the first certificate being issued in respect of such land, shall be held in all Courts to bc scizcd of the reversion espec- tant upon such lease, and to have all the powers, rights, and remehies to which a reversioner is by law entitled, and shall be subject to all covenants and conditions in such lease expressed or implied to be performed on the part of the lessor.

PART V.

THE REGISTER BOOK.

Jhistrar-@@neralto

keep Register Book.	47. The Registrar-General shall continuc to keep the book called the Register Book, containing the records of the title to all land under this Act.
Ce*ificatea to be in

duplicate. 48. Every certificate shall be in duplicate, and the Registrar-

General shall bind up in the Register Book one part of every certi- ficate, hereinafter called the original, and slli~ll delher the other, here- inafter called the duplicate, to the registered proprietor of the lana.

Folioa in Register

Book. 49. Each original certificate shall constitute it scparate foliurn of

the Register-Book, and the Itegistrar-General shall record thercon distinctly and separately all memorials affecting the land included in each certificate. t

certscatesre&tered

when embodied in	50, Every certificate shall be deemed to be registered so soon as the same shall have been marked by the Registrar-General with its volume and foliurn in the Register Book; and every other instru-
Register BOO^.
Inatrumentcrregis-	ment shall be deemed to be so registered, so soon as a memorial
b*d	thereof

when entered in Regiater	hae been	thereof shall have been entered upon the original existing
certificate.
Book.

Memorial defined. 51.

Every memorial entered in the Register Book shall be signed

by the Registrar-General, and shall state the nature of the instrume~lt

to which it relates, the day and hour of the production of the instru-

ment for registration, and the names of the parties thereto, and

shall refer by number or symbol to such instrument.

Memorandum of

registration to be 52, Whenever a memorial of any instrument has been entered in

indoreed on regis- the Rcgister Book, the Registrar-General shall indorse on the instru-

torad inrrtnunont. - ment

49' & 50' VICTORIJE, No. 380.

The Real Property Act.- 1886.

merit registered a memorandum of the date and hour on which the	PAET V.
nlemorial was entered in the Register Book, and shall authenticate
rnch memorandum by signing his name and affixing his seal and	to aeeVidenm.

thereto; and such rn~morandum shall be received in all Courts as

conclusive evidence that the instrument has been duly registered.

53. The Registrar-General, on entering any memorial in the Memorialtobe recorded on dupli-

Register Hook, shall, except in case of a transfer or other dealing ,atein8trument.

indorsed upau a lease, mortgage, or encumbrance, as hereinafter

povided, record the likc memorial on the dnplicate certificate, or

other instrument evidencing title to the land intended to be dealt

with, or in any way affected, unlcss he shall, as hereinafter pro-

vidcd, dispense with the production of the same, or unless such

prodaction i n rendered unnecessary by the provisions of this Act.

54, The Registrar-General shall not, except as herein other- Instruments to be

wise provided, register any instrument purporting to transfix or according to A C ~.

otherwise deal with or affect any estate or interest in land under

the provisions of this Act except in the manner herein provided, nor

unless such instrument be in accordance with tne provisions hereof.

55, Any instrumcnt prcsented for registration may be single Instmmenta.

or in dnplicate, or if a lease may be in duplicate or triplicate.

56, Every instrument presentcd for registration shall be attested Instruments entitled to priority according

by a witness, and shall. be registered in the order of time in	dateofw@sbation.
which the same is produced for that purpose; and instruments L L

registered in respect i f or affecting the same estate or interest shall, notwithstanding any express, implied, or constructive notice, be entitled to priority, the one over the other, according to the date of registration, and not according to the date of the instrument itself; and the Registrar-General, upon registration thereof, shall file such instrumcnt (if single) in his office, and if in duplicate or

triplicate, shall file one original in his office, and shall deliver the

other or others to the person or persons entitled thereto.

57. Every instrument shall, when registered, be deemed part of the When registered, to

Register Book, and shall have the effect of and be deemed and taken part of Register be deemed to be

to be a deed duly executed by the parties who have signed the same. Book, and to have the cffect of a deed.

58, Should two or more instruments executed by the same Wheretaommon,

proprietor, and purporting to affect the same estate or interest, be instruments presented

at the same time presented to the Kegistmr-General for registration, at	time.
he shall register and indorse that instrument which shall be pre- sented by the person producing to him the duplicate certificate or other instrument evidencing title to such estate or interest.

59. In case any person, who either before or after his death. provision forregin-

shall be registered as proprietor of any land, shall die after signing tration in case of death nf party

any instrument affecting such land, and before registration thereof, executk h s m e n t.

the registration of such instrument may nevertheless be proceeded

with in accordance with this Act, and shall be valid notwith-

standing mch death. 60. I n

49' & 50' VICTORIA5, No. 380. _I__- --

The Rea E Property S et.- l 8 b B.

p- --- - - - W-

60, In case it shall appear to the satisfaction of the Registrar-

Person to whom cer-	General that any certificate or other instrument has been issued in
tificate or other in-
strument of title has	error, or contains any misdescription of land or of boundaries, or
been ieeued in error,	that any entry or indorsement has been made in error on any
or who w~onF;fully
retains euch instru-	certificate or other instrument, or that any certificate, instrument,
ment, may be sum-	entry, or indorsement has been fraudulently or wrongfully obtained,
moned.	or that any certificate or instrument is fraudulently or wrongfully retained, he may summon the person to whom such certificate or instrument has been so issued, or by whom it has been so obtained
or is retained, to deliver up the same for the purpose of being
cancelled or corrected, as the case may require.

Per~on refusing to

deliver up instrument 61. In case such person shall refuse or neglect to comply with

for cancellation or such summons, the Kegistrar-General mmsv apply to the Court to

be

arrested and brought	issue a summons for such person to appear before the Court and
beforethe Court.	show cause why such certificate or other instrument should not
be delivered up7to be cancelled or corrected; and if such person,
when served with such summons, sholl neglect or refuse to attend before such Court at the time therein appointed, it shall be lawful for such Court to issue a warrant authorising and directing the person so summoned to be apprehended. aud brougtit bcfore the Court for examination.
delivery of inetm-

~lourt m y order 62. Upon the appearance before the Court of any persor. sum-

ment :	moned or brought up by virtue of a warrant as aforesaid, it shall be lawful for the Court to examine such person upon oath. md to order him to deliver up such certificate or other instrument, and, upon refusal or neglect by such person to deliver up the same pursuant to such order, to commit him to gaol for any period not exceeding
six months, unless such certificate or instrument shall be sooner
delivered up.
And may oxder

instrument to be 63. In such case, or in case a summons by the Rcgistrar-General

Ullcelled direct ox a Judge cannot be served upon such person as hereinbefore

$~p.$,b,";z	directed, the Court may direct the Registrar-General to cancel or	correct any certificate or other instrument, or any entry or memorial
in the Register Book relating to such land, and to shbstitute and issue such certificate or other instrument, or make such entry as the circumstances of the case may require, and the ~e~istra&eneral
shall give effect to such order.

POWOI-B of C o d to 64.

In any proceeding in the Court respecting any land, or any transaction, contract, or application relating there to, or any ins tru-

direot cancellation of

,rtxCate or enky.

ment, caveat, memorial, or other entry affecting any such land, it shall be lawful for the Court to direct the Registrar- General to cancel, correct: record, substitute, issue, or make any certificate, or any memorial or entry in the Register Book, or other- wise to do such acts and make such entries as may be necessary to give effect to any judgment, decree, or order of soch Court given or made in such proceeding, and the Registrar-General shall obey every such direction.

85. Any

490 & 50' VICTOKIE, No. 380.

The Real Property Act.-1986.

65. Any person shall, upon payment of the fee for that purpose PART

specified in the First Schedule hpreto, have access to the Register Searohallored. Book, and to all instruments filed and deposited in thc Lands 'l'itles First Schedule. Office for the purpose of inspection doring the hours and upon the

days appointed for search.

$6, Whenever there shall be any conflict, difference, or variation	Tn t o a c t between
certificata and Regis-

between the contents of or the entries or memorials on any original t er Book, the latter

certificate, and the contents of or the entries or memorials on the	P V ~. ,
duplicate of such certificate, or whenever any entrics or memorials shall appear on such firstcmentioned certificate, which shall not appear on such duplicate, the original certificate shall prevail.

PART VI. PART VI.

THE 'I'ITLE OF REGISTERED PROPRIETORS.

67, No instrument shall be effectual to pass any land or to Instrumentsnot

render any land liable as security for the payment of money, but tmtion.	effectual until regie-
upon the registration of any instrument in manner herein pre- scribed, the estate or interest specified in such instrumcnt shall pass, or, as the case may bc, the land shall become liable as security in manncr and subject to the covenants, conditions, and contingen- cies set forth and specified in such instrument or by this Act declared to bc implied in instruments of a like nature.

68. The person named in or appearing by any certificate or Peraonnamedincer-

other registered instrument as seized of or taking any estate or r e ~ ~ t e e d ~ m ~ ~ ~ t ~ ~. tificate to be the

interest in land shail be the registered proprietor thereof. v

$9. The title of every registered proprietor of land shall, proprietors re@tered indefeaai-

subject to such encumbrances, liens, estates, or interests as may be a1 e, except in cases

notified on the original certificate of such land, be absolute of-

and indefeasible, subject only to the following qualifications:-

I. I n the case of fraud, in which case any person defrauded F ~ I.

shall have all rights and remedies that he would have had if the land were not under the provisions of this Act: Provided that nothing included in this sub-section shall affect the title of a registered proprietor who has taken

bond /ide for valuable coneideration, or of any person bund

fide claiming through or under him:

11. In the case of ,z certificate or other instrument of title obtained Forgery or disability.

by forgery or by means of an insufficient power of attorney or from a person under some lcgal disability, in which case the certificate or other instrument of title shall be void: Provided that the title of a registered proprietor who has taken bond fide for valuable consideration shall not be affected by reason that a certificate or other instrument of title ~as~ohta ined by any person through whom he claims title from a person under disability, or by any of the means aforesaid:

rIr, Where

49' & 50' VICTORIA, No. 380. -

The Real Proper ty Act.--1886.

PABT m, 111. Where any portion of land has been erroneously included, by

wrong 4escription of parcels or boundaries, in the certificate

~ e o u s inolueion

of land.	or other instrument evidencing the title of the registered proprietor: I n which case the Gghts of the person \;h0 but for such error would be cntitled to such land shall prevail, except as against a registered proprietor taking such land
bond ficie for valuable consideration, or any person bond Jide
claiming through or under him:

Omiasionof easement.	IV. Where a right - of - way or other easement not barred or avoided by the provisions of the L' Rights-of-way Act, 1881," or of this Act, has been omitted or misdescribed in any certificate, or other instrument of title: In which case such right-of:way or other easement shall prevail, but subject to the provisions of the said Rights-of-way Act, 1851," and of this Act:
several certiiieates	V. Where two or more certificates shall be registered under any of the Real Property Acts in respect of the same land: In which case the title originally first in date of registration shall prevail:

for the same land.

certificate tobevoid

if any peraon ia in VI. Atly certificate issued upon the first bringing of land under

powseion, and	the provisions of any of the l t e d Property Acts, ancl every
rightfully entitled
adversely to the first	certificate issued in respect of the said land, or any part
regietered proprietor.	thereof, to any person claiming or dcriving title undcr or through the first registered proprietor, shall be void, as against the title of any person adversely in actual occupation of, and rightfully entitled to, such land, or any part thereof, at the time when such land was so brought under the pro- visions of the said Acts, and continuing in such occupation% the time of any subsequent certificate being issued in respect of the said land:

Wife's title to VII. Where a husband shall have been wrongfully registered as

prevail.

CO-proprietor of land belonging to his wife for her separate use or as her separate property, in which case the title of the wife shall prevail except as against a registered proprietor taking such land bond $de for valuable consideration, or any person bond fide claiming through or under him:

A lease or letting for VIIT. Where at the time when the proprietor becomes registered a

not more than a year. tenant shall be in actual possession of the land under an unregistered lease or an agreement for a lease or for lettiug for a term not exceeding onc year: I n which case the title of the tenant under such lease or agreement shall prcvail:

Non-payment of W-	IX. Where the succession duty payable in respect of the land has not been paid, and the certiticate in sub-section 5 of section 3 of Act No. 225 of l881 has not been obtained: I n which case any charge by law imposed on the land in respect of such duty shall remain in force:
cession duty.

The Red Property Act.--1886.

7

PAW

70. I n all other cases the title of tbhe registered proprietor of

land shall prevail, notwithstanding the existence in Her Majesty, h of registered all other CBBBB pmprie- title

Her heirs, or successors, or in any person of any estate or interest Mr shaupmv.iL

whatever whether derived by grant from the Crown or otherwise,

which but for this Act might be held paramount or to have

priority; and notwithstanding any want of notice or insufficient

notice of any application, or any error, omission, or informality in

any application or proceedings.

71. Nothing in the two preceding sections contained shall be +vingof certain

construed so as to afKect any of the following rights or powers, that .b. :-	nghts and powers,
is to say--

I. The power of the Sheriff to sell the land of a judgment sdesbysha

debtor under a writ of fieri fhcias or other writ of

execution:

Sales under order of

11. The power of the Court to order the sale of land: the Court.

HI. The right of the Official Receiver or of any trustee to land T ~ n ~, ", m ~ ~ ~	transmitted on the insolvency or statutory assignment of ment.
the registered proprietor:

IT. The rights of a person with whom the registered proprietor contmb*

shall have made a contract for thc sale of land or for

any other dealing therewith:

v. The rights of a cestui que trust where the registered pro- Truets.

prietor is a trustee, whether the trust shall be express,

implied, or constructive:

vr. The right of promoters of an undertaking to vest land in D e d - p o l l b w a - motem of an under*

themselves by deed-poll pursuant to the " Lands Clauses takmg.

Coasolidation Act," or any Act anlending the same:

Providcd that no unregistered estate, interest, power, right, cotitract, ~	~	~	~	~	~	$	$
taking bond fide for valuable consideration, or of any person 6ond

or irust shall prevail against the title of a registered proprietor

fide claiming through or under him.

72. Knowledge of the existence of any unregistered estate, Knowledge of not evidence of want

interest, contract, or trust shall not of itself be evidence of want ,	bmdMu,
of bond fides so as to affect the title of any registered proprietor.

PART VII. PART vrr.

CERTIFICATES OF TITLE,

73. The registered proprietor of an estate of freehold in land, cetisoate of title.

other than a leasehold for a life or lives, shall be entitled to receive

a certificate for the same, which certificate shall be in the form

in the Fourth Schedule hereto, or in a form to the like effect, F O U ~ ~ ~

schadde.

and shall set forth the nature of the estate in respect of which

it is ismcd.

74. Two

h 49' & 50' VICTORIE, No. 380.

The Real Property Act.--,1886.

Pnar vrr . 74. Two or more persons registered as joint proprietors of an estate

Pmwmre$ieteredaa	or interest in land shall be deemed to be entitled to the same as joint
ioint pmpnetom to be
oint tenants.	tenants; and in all cases where two or mbre persons are entitled as

b ? n t a incommopto tenants in common to an estate of	freehold in any land, such pprsons
reoelve each a bhnct

one for may receive one certificate for the entirety, describing them as

the entirety.

tenants in common, or each may receive a separate certificate for his

undivided share.

~ ~ ~ t i f h m ~ b e i 8 f i u e d 75.	The proprietor of	an estate	of	freehold	in remainder	or re-
for freehold in

rem&&f, and . version in land, for a life estate in which a certificate has already

"refer"certifia*

been issued, may have his estate registered on the certificate issued

of the pattioulsr

estate.

for the life estate, or mav receive a separate certificate for his estate,

which ahall refer to the certificate of the particular estate.

Modeoffie*nce

or succeaaion shall be

76. Every certificate, or other instrument of title issued to or made in favor of a corporation, aggregate or sole, shall be deemed to extend to and include the successors of such corporation, and every such certificate or instrument of title issued to or-made in favor of any person shall be deemed to extend to and include the legal representatives of such person.

implied.

Bemoriah on certi-

77. The Registrar-General shall record on every certificate iasued by him, and in such manner as to preserve their respective priorities, memorials of all subsisting mortgages, leases, and encurn- brances, and of any dower or rent charge to which the land may be subject; and if such certificate be issued to a minor or to a person otherwise under disability, he shall record thereon the age of such minor or the nature of the disability, so far as known to him.

ficatea.

existing certificates,

Upon surrender of 78. Upon the application of any registered proprietor holding

the proprietor may	land under one or more certificates, and the delivering up of
ob*
tiiicate for al l the

R ~ingle	cer-	such instruments OS title, it shall be lawful for the Registrar-
General to issue to such proprietor one certificate for the whole

land included tho~ ein,

of such land, or several ierdficates each comprising portion of

any such new certificate the Registrar-General shall cancel the	such land, in accordance with such application; and upon issuing
duplicates delivered up, and the originals, and shall indorse thereon a memorandum, setting forth the occasion of such cancellation, and referring to the new certificate issued in lieu thereof.

~m. idon in care of 79. In the event of any duplicate certificate being lost, mis-

lost certificate.	laid, or destroyed, any person having knowledge of the circum- stances, may make a declaration befbre any of the persons before whom the execution of instruments under this Act may be proved, stating the facts, and the particulars of all mortgages, encum- brances, or other matters affecting the land and the title thereto,
Provisional certifi-	to the best of the declarant's knowledge and belief. The Registrar-
ca* map be iaued.	General, if satisfied as to the truth of such declaration, and the bond jtles of the transaction, may, upon giving at least fourteen days' notice in the Government Gazette of his intention so to do,
issue to the registered proprietor a certificate to such land, which

ccrtificate

49' & 50° VICTORIJE, No. 380.

- F

The Red P~oper t y Act.-1886.

--- - - ------W

--

certificate shall be an exact copy of the original certificate, and of

PAW

every memorandum and indorsement thcreon, and shall state why such certificate is issued; and the Registrar-General shall at the same time enter in the Re ister Book notice of the issuing of such certifi-

such certificate shall bc available for all purposes and uses for which

cnte, and the date t ereof, and the reason why it was issued, and f

the certificate lost, mislaid, or destroyed, would have been available,

arid shall be equally valid therewith.

80, Every certificate shall be issued under the hand and seal of

the Registrar-General, and the original or the duplicate thereof shall Certificate to be wn- clu&ve evidence of

be received in all Courts as evidence of the particulars therein set tjda, exoapt,anherOin

forth and of their being entered in the Register Book, and shall provided.

(except in any of the cases herein otherwise provided) be conclusive

evidence that the person named in such certificate, or in any entry

thereon, as scized of or as taking an estate or interest in the land

therein described, is seized of or entitled to such estate or interest,

and that the land described in such certificate is under the provisions

of this Act.

PART VIII, EASEMENTS.

$31, Any certificate hereafter issued may contain a statement CertNcate may con- tain statement of

therein or entry there011 to the effect that thc land therein described &#.of-way has appurtenant thereto any easenzent, or that the person therein 6aaement- named is entitled to any casernent in gross, or that the land therein

described is subject to any right or rights-of-vay or other easerncnt.

82. Every such statement or entry shall fully set forth a truc Natureof statement.

and accurate description of the easement, or, if the instrument creating the sanw be cnrollud or deposited in the General Registry Office, or deposited in the Lands 'I'itles Registration Ofiice, shall

refer to such instrument: Provided that, in the case of any ~ f ~ $ f i e a t e t O c O n ~

easement, the certificnte sllall also contain a plan of the land over which such easement extends, or, if a plan showing the extent of such easement shdl have been deposited i11 the General Registry

Office, or the Lands Titlcs Registration Ofice, shall refer to such plan.

83. The registered 1)roprietor of land brought under the pro. Beeiatered proprieb~ not to he subject to

visions of the Rcsl Property Act of 1861 " after the passing of the , , , , mmtioned

" Rights-of-Way Act 1881 " or of land hereafter brought under the kcertificate.

To the Registrar-General.

I, A. B., the above declarant, hereby request you to issue the certificate of title

for the land described in the above declaration in the name of

Witness to signature- [Signature.]

The Schedule r~feerred to.

[ B e r e set out a list nf all documents and instruments of title.]

THE THIRD SCHEDULE.

Caveat for6iddifiq Lands to be brotcght under '' T h e Real Property A c t, 1886,"

To the Registrar-General. Sec. 38.

Take notice that I, 8. B., of [here i?zsert residence and descr+tion] claiming [here state the natrcre of the estate or in2erest claimed, and the yrozcnd on which s ~. h c laim i s

fotrmZed] in the land described as jhere ~ t a t e ~ a r t i c z t l a r s of descr$tion f r o m application]

and mentioned in notice dated the day of , as land in respect of which

m

VICTORIE, No.

The . Real Property Act.-1886.

an application has been made to have the same brought under the provisions of

"The Real Property Act, 1886," do hereby forbid the bringing of the said land

under the provisions of the mid Act; and I appoint [here insert address within the

Ct ty of Adelaide] as the place at which notices and proceedings relating hereto may

be served.

Dated this day of , 18 .

[Signs ture.]

THE FOURTH SCHEDULE.

Register Book, vol. , folio

Sour H [Roya l Arms. ] AUSTRALIA.

Certificate o f Title.

1 If the C'ertificate i s issued p w s u u n t to a Transfer or other. dealing, refer to i t here.]

A. B., o f [here insert residence and occupation or other descriptio?a], is the proprie- tor of an estate [here describe the estate of ,freeholdJ subject nevertheless to such encumbrances, liens, and interests as are notified by memorial underwritten or indorsed hereon in [here insert stcflcient description to identify !he land, and r g e r t o

map or plan in morgin of or indorsed on c~rtzycate and to the public map dcpost!ed in

the ofice of the Surveyor-General. T h e map or plan i n the rertijcate shall, when

necessary and toherever practicable, show the distance j r o m	the nearest street, road, or
corner of a section).

In witness whereof I have hereunto signed my name and affixed my seal, this

day of

Signed the day of LSignature oj ' Registrar- General.] (L .S. )

18 , in the presence of i" Registrar-General.

THE FIFTH SCHEDTJLE.

Right-ojf- JYwy.

Together with full and free right and liberty to and for the proprietor or proprie- tors for the time being taking or deriving title under or through this instrument, so long as he or they shall remain such proprietors, and to and for his and their tenants, servants, agents, workmen, and visitors, to pass and repass for all purposes, and either with or without horses or other animals, carts, or other carriages.

T H E S I X T H SCHEDULE.

Memorandum o f Transfer.

X, A. B, ihere insert rfsidence and descrz$irm] being registered as the proprietor

of an estate I here state the nature of the estate or interest, and i f not a n estate of-fiee- hold, refer to the instrument of title creating the same], subject, however, to such

encumbrances, liens, and interests as are notified by memorandum underwritten or indorsed hereon in [here insert suflcient description to iden tgy the land intended to be

transferred, and f o r ) over which any right-of-way or other ensement is intended to be created or transferred, and refer to the existing grant or certificate o f the land, and

state whether the land intended to be dealt w i th is he d o l e nr part only cf that con&-

prised in the granr certt j i~ate or other instrument of title, and r f p a r t only s e t f w r h the

bozcradaries i n chains, lirlks, or fee t, and r v e r to the plan delmeated in the margin of or amrezed to the transfer, or to n deposited plan showing such boundaries) in con- sideration of [here set for th the consiueration, and f r o m whom i 6 moves : if a money

consideration say : in consideration of the sum of £ p:iid to me by C. D., of (here

insert residence and descrip i o n ), the receipt of which sum I hereby rrcki~owledge : if

any other consideration set out the same, a n d f r o m whom if moves], do hereby transfer r OP

VICTOKIE, No.

The Real Property Act.-1886.

-

pr i f nn eanement is created sa!y q a n t ] to the said C. D. [or to C. D., of here insert

resirjence and descr+tion] all my estate and interest [or ;f the transfer i s by a mort-

gagee or epczcmbmncee exercising power of sale, say, all the estate and interest o i / the

mortgagor S or encumbrancer's nawwj or if the tt a w f e r i s o f a less estate or. of a n	easemeat, describe same] in LOT over, or as the case m u y be] the said land above
mcti t.] described. [lf the easemettt i s appwrtenant say together with and describe the ewe-

In witness whereof I have hereunto subscribed my name this day of

18.

[8+nature.]

THE SEVENTII SCIFEDCLE.

Fornz of Transfer qf L a n d tcpon Sale under W r i t of Fieri Facias, or under a

IVarrant oj ' Bmctition.

I, [insert nnnzr], as [insert title o fo f i cer executing transfer] the person appointed to execnte the writ or warrant hcrcinafter mcntioncd, in pursuance of a writ of Jieri facias, tested the day of, one thousand eight hundred and	Sec. 107.
and issued out of the Supreme [or as the case m a y be] Court in an action wherein A. B. is plaintiff and C. D. is defendant, which said A. B. I or C. D.] is registered as the proprietor of an estate [here state nature o f the estaie] in the land hereinafter described, subject to the encumbrances, liens, and interests notified
by memorandum, underwritten, or indorsed hereon, in consideration of the sum of
f;: paid to me by E. F. Linsart residence and descr2ptionl do hereby

transfer to the said F:. 13'. all the estate and i~lterest of the said A. H. [or C. I).] in a11

that piece of land being [here insert clescr2ption of	the land, and refer t o the debtor's
grant or cert$cate].

Llated the	day of	one thousand eight hundred and
[ S h e r i f s or other oficer's ~ i ~ n a t u r e. 1

Form of T~ansJer o f Lease, mortgage, or Enczcmb~ance upon Sale, tcnclm. W r i t of '

Fieri lihcins, or under a TYawant o f .Execution.

I [insert nnnze], as [insert title of ofleer ezecutiny tvansfer], the person appointed Sec. 107.

tc execute the writ or warrant hereinafter mentioned, in pursuance of a writ of fieri facicls, tested the day of one thousand eight hundred

and , and issued out of the Supreme Lor as the case m a y be] Court in an

action wherein A. B. is plaintiff and C. D. is defendant, which said A B. [or c. D.]

i s registered as the proprietor of a lease [or mortgage, or encumbrance, as the

case m q be] numbered oi [or upon] the land hereinafter described, subject to the encumbrances. liens, and interests notified by memorandum underwritten, or

indorsed hereon, in consideration of the sum of &, paid to me by N. F.

[iusert residence and descrgtion do hereby transfer to the said E F. all the estate

and interest of the said A. B. or (j. I).] in all that piece of land Lhere describe the land according tn the description in the lease, mortgage, or encumbronc~, or i n general terms by rqbrence to the registered instrument].

Dated the day of , one thousand eight hundred and

L S h e r i f s or other oflcer's signature.]

Form o f Transfer of Land under Decree or Order of Supreme Ccurt.

1, [insert nance], in pursuance of it decree or order of the Supreme Court, dated se, 107.

the day of , one thousand eight hundred and , and

entered in the Register Book, Vol. , folio , hereby transfer to E. F. [insert

and	~Zescr i~t ion-~,	subject to the encumbrances, liens and interests notified
written or indorsed hereon, all the estate and intereat

C - 11. of

there d u t a residence and description] in all that piece of land being [Irere

insert

K-380.

49' & 50" VICTORIE, No. 380.

The Real Property Act.-1886.

insert description of the land, and refer to the grant or certt$icate], in respect of

which the said C. D. is registered as the proprietor of an estate [here state the nature

of the estate].

Dated the day of one thoutiand eight hundred and

[S igna tur~ .1

Pbnn. of T r a m f e r of Lease, Mortgage, or Encumbrance under Decree or Order of

&upreme Court.

Sec. 107. I, [insert name], in pursuance of a decree or order of the Supreme Court, dated

the day of , one thousand eight hundred and ,

and entered in the Register Book, Vol. folio hereby transfer to E. F.

[insert residence and descr+tionl, subject to the encumbrances, liens, and interests

notified by memorandum underwritten or indorsed hereon, all the estate and interest of C. D., of [here stute residence and description] who is registered as the proprietor of a lease [or mortgage, c r encumbrance, as the case m a y be], numbered

o f [or upon] the land hereinafter described in all that piece of land [here describe

land, according to the descr+tion i n the lease, mortyaye, or encumbrance, or in

general terms by reference to the registered instrument].

Dated the day of , one thousand eight hundred and

[Signature.]

THE EIGIITH SCHEDULE.

Memorwndum of Lease.

Sec. 116. I, A. R., of here insert residence and description] being registered as the proprietor

of an estate F here state the nature of the estate or interest, and if not u n estute o f	freehold r f e r to the instrument of title creating the s ( m e ], subject, homever, to such
encumbrances, liens, and interests as are notified by memorandum underwritten or indorsed hereon, in [here insert suficient descrptiosa to idsnti ly the land and follo~o
the other directions gisuen in the form qf a t ~ a n s f e r i n fhe Seventh Sclicrlule hereto so far as the same are applicable] do hereby lease to C. 11, of [here insert resiclrnce n?td desct+lionl all !he said lands Lg'so, together with, here describe the easemen/s if any]
to be held by him the said C. D., as lessee for the apace of years from the
day of 18, at the yearly rental of S, payable [here z'nserl terms of
payment o f rent] subject to the following covenants, conditions, and restrictions [hara set forth special covenants, if any],
I, the above-named C. D., do hereby accept this Lease of the above-described lands [ i f s o, and easeme~~ts] to be held by me as lessee, and subject to the condi-
tions, restrictions, and cover~ar~ts above set forth.

Dated this day of 18

[ S i g n a t u r ~. ]

'I'HE NINTH SCHEDULE.

Memorandum oJ Mortgage.

Section 125. I, A. R., of [here insert residence and descr&tion] being registered as the pro- prietor of an estate [here state nature of the estate or intareet, and if not an estate q

freehold refer to the i n s t r u m m t o f title creating the same], subject, however, to such

encumbrances, liens, and interest3 as are notified by niemorandum underwritten or indorsed hereon, in {here insert szc$icient description to iden tvy the land and follow

the other directions given ita the f o r m of n transfer i n the S i x t h Schedule hereto

so. far as the same are appZica6lel.

In consideration of the sum of S, this day lent to me by Cf. I)., of ere insert residence and descr+tion], the receipt of which sum I hereby acknow-

do hereby covenant with the said C. U,, that 1 will pay to him, the said C. D.,

the

49' & 5 8 VICTORIW, No. 380.

the above sum of on the day of . Secondly, that I will

p y interest on the said sum of d2 at the rate of E for every f l00 by the

year, by equal payments on the , in every year. Thirdly

special covenants, i f any]. And for the better securing to the said L'.

merit in manner aforesaid of the said principal sum and interest, I hereby mortgage

to the said C. D., all my estate and interest in the said land [if so, and easement~]

described.

In witness whereof I have hereto signed my name this day of 18 .

[Signa ture.-1

THE TENTH SCHEDULE.

Jfemoranduni o f Encumbrance f o r securing a sum of Mo?aey.

I, A. B., o f [here inset t residence atld description] being registered as the proprietor of Section

an estate [here siate taature o f the estate or interest, and i f not a n evtate o f freehold reJ'er to the instrument ?f title creatirag the same] subject, however, to such encumbrances,

lien^, and interests as are notified by memorandum underwritten or indorsed hereon,

in [here insert su$cient descr+tion to itlenti/y the land and ,follow the other directions

yiven i n the f o r m of a transj'er in the S i c t h Schedule hereto so far	as the same	are
nprLirable].

pose of securing to and for thc benefit of C. D. the [sum of money, annuity, or And desiring to render the said land [if so, and easements] available for the pur-

rent cllarge] hereinafter mentioned, do hereby encumber the said land Lif so, and casements] for the benefit of the said C. D. with the [sum, annuity, or rent charge] of &, to be raised and paid at the times and in the manner following, that

is to say-[here state the times appointed for the p y m e n t of the sum, annuity, or

rent charge intended to be secured, the interest, if any, and the events on which such	sum, annuity, or rent charge shall become and cease to be payable, also a n y special
corrnnnts or powers and a n y ~ n o d ~ ~ c m t i o n of the powers or remedies gizjen to a n euczmbruncae by " The Real Property A c t, 1886"]. And subject as aforesaid the said
C. I). shall be entitled to all powers and remedies given to an encumbrancee by " The
R e d Property Act, ! 886."

In witness whereuf I have hereunto signed my name this	day of
[Signature.]

THE ELEVENTH SCHEDULE.

T,.nn+ of Morlgage, Lease, or Encumbrance, to be indorsed on original Morlgage,

Encumbrance, or Lease.

l'ransferred to C. L)., of [here insert residence and description], in consideration &&on 160,

of 2 . Receipt acknowledged,

LSignaSure.1

[If transfer o f lease add Accepted, C.D., transferee.]

T H E TWELFTH SCHEDULE.

Caveat forbidding Registration, o f dealing wi th Estate or Interest,

To the Registrar-General of South Australia.	8ection 181.
Take notice that I, A. B., of [residence and description], claiming [here state the nature o f the interest ch imed, and the grounds upon which such c b i m i s founded] in [(lescri6e land, and &er to grant or certificate] forbid the registration of any

dealing

VICTORIAE, No. - - - v

The Real Prr.opc3rty Act.-1886.

dealing with the estate or interest of C. L). in the said land [ i f so unless such dealing shall be expressed to be subject to my claim]. Address for service of notices and proceedings: [Here insert an address withifa the City of Adelaide].

Dated this day of , 18 .

A. B. [or A. B., by his agent, E. F.]

I, the above-named A. B. [or E. F. , of (residence and description), agent for the

above-named A. R.], make oath and say [or declare] that the allegations in the above

Caveat are true in substance and in fact [if no personal knowledge add, as I have been informed and verily believe 1.

Sworn 1 or declared] b y the said A. B.

[or E: F.] at , this

day of , 18 .

Before me.

THE T H I R T E E N T H S(!HEDULE.

Power of Attorney.

Section 156. I, A. B., of [here insert residence and description], do hereby appoint C. D. of there

insert residence and descrzption], as my attorney, and authorise him to act for me in making itpplications to bring any land, estate, or interest [or if it is only intsded .to give power to bring any particular land under the provisio,ts of this Ac t, desc?ihs same] of which I am, or shall hereafter be, seized or po\sessed under the provisions of

The Real Properly Act. 1886," and t ~ ~ e x e c u t e all or any instruments that may be

necessary for giving cffoct to any dealing with any land, estate, or interest of which I am or may be the registered proprietor [or it is z'ntenclerl to limit the power to

particular land o r to particular dealitys, shortly descrihe the s a m ~ ]. In witness

whereof I have hereunto set my hand this day of 18 .

[Signature.]

THE FOURTEENTH SCI-IEDULE

Bevocation of Power of Attorney.

Section 157, I, ,4.B., of [here insert residence and description], do hereby revoke the power of

attorney, dated the day of 18 , given by me to C. D., of

[here insert residence and descrzj~tion].

Dated this day of 18 . [Sigwture.]

THE FIFTEENTH SCHEDULE.

Cerlificatc! of Acknowledgme?tt of Married Woman.

Section 260.	I certify that this [or the within] instrument was this day produced befote me, and was acknowledged by, the wife of, therein named, being personally present before me, and being of full age and competent understanding, to be her act and instrument; previous to which acknowledgment the said
being examined by me separately and apart from her husband touching her knon- ledge of the contents of the said instrument, and her consent thereto, declared that she fully understood the nat,ure and effect thereof, and that the same was freely and voluntarily executed by her.

AB witness my hand this day of 18 .

(-Signature.]

THE

49" & 50: VICTORIA3, No. 380. .

I-------

The Rerrl Property Act.--1886.

THE SIXT11:ENTH SCHEDULE.

Short F o m s of C o v e n a ~ ~ t s and their Interpetation.

Short Form. Covenant at length.

1. Thcmortgagoror en- The mortgagor or encumbrancer will insure, and during the section 266,

cumbrancer will insure:

continuance of thie mortgage kccp insured, against loss or damage by fire, in the name of the mortgagee or encum- brancee, in some public insurance office to be approved by the mortgagee or encumbrancee, to the amount of their full d u e, all buildings and erections which shall for the time being be erected on the mortgaged land, and shall be of a nature or kind capable of being so insured, and will when required by the mortgagee or encumbrancee deponit with him the policy of every such insurance, and within seven d q s after each premium shall become payable the receipt for such premium, and if default shall be made in the observar~ce or perfornlance of thiv covenant, i t shall be lawfd for the mortgagee or encumbrancee, without prejudice, nevertheless to and concurrently with the powers granted him by this mortgage and by GGThe Real Property Act, 1886," so to i n s u ~ e such buildings and erections, and the costs of such insurance &hall be a debt from the mortgagor trr cncumbrancer to the mortgagee or encum- brnnccc, and shall be added to tne principal mrlneys hereby secured, anrl shall, during the continuance of this mortgage, be a cht~rg? upon the mortgaged land, and bear interest at thc same rate as the said principal moneys, and all moneys which shall be receiveti ny ~ i r t u e of any such insurdnce as aforesaid, snail, a t the option of the mortgagee or encumbrancee, be laid out in making good the loss or damage in respect of which the same shall be received or be applied by the mortgagee or encumbrancee

in or towards satisfaction of the moneys hereby secured.

2. The lessee will in- The l e ~ s e e will insurc, arid during the continuance of this

sure:	lease keep insured, against loss or damagc by fire, in the joint names of the lessor and the lessee, in some public insurance office to be approved by the lessor, to the amount of their full value, all buildings and erections which shall for the time being be erected on the land hereby leased,
and shall be of a nature or kind capable of being so insured, and will, when required by the lessor, deposit
with him the policy of every such insurance, and within seven days after each premium shall become due the receipt for such premium, and on any breach or non- obser~ance of thiv cwenant the lessor may, without prc- judice to and concurrently with the other powers granted to him by this leave and The Real Propertry Act, 1886," so m u r e such buildings and erections, andthe costs of effecting such insurance shall be added to the rent hereby reserved, and shall be a c h a ~ g e upon the said leased land, and recoverahle by action cir distress i n the same manner aa the said rent is recoverable. All moneys which shall be received under or by virtuc of any such insurance as aforesaid shall be laid out and expended in making good the loss or damage in respect of which the s m e shall be received.

3. The lessee will The lessee will, in every alternate year during the currency

paint outside of this lease, paint all the outside woodwork and ironwork

every alternate	belonging to the premises hereby leased, with two coats
year:	of proper oil colors, in a workmanlike manner.

4. Ths

49' & 50' VICTORIE, No. 380.

The Be(d Property Act.-1 886.

4. he lest~ee xi11 The lessee will, in every third year during the currency of

paint and paper	this lease, paint the inside wood, iron, and other work
inside every third	belonging to the premises hereby leased, and now or
year:	usually painted, with two coats of proper oil colors, in a workmanlike manner, and also re-paper, with paper of the quality now used, such parts of the said premises as are now papered, and also wash, stop, whiten, or color such parts of the said premises as are now washed, stopped, whitened, or colored respectively.

5. The lessee will The lcssec will, during the continuance of this lease, erect and put up a good-and substantial fence on the boun- daries of the said leased land upon which no substantial fence now exists.

fence:

6. The lessee will The lessee will, during the continuance of this lease, culti- vate, use, and manage all m c h parts of the land hereby leased as are or shall be broken up or converted into tillage in a proper and husbandmanlike manner, and will not impoverish or waste the same.

cultivate:

7. The lessee will not use the prc- The lessee will not convert, use, or occupy the premises hereby leased, or any part thereof, into or as a shop,

mises as a shop: warehouse, or other place for carrying on any tradc or business whatsoever, or permit or suffer the said premises, or any part thereof, to be used for any such purpose or otherwise than as a private dwelling-house, without the consent in writing of the lessor.

8. The lcssec will not carry on offen- The lessee will not, during the continuance of this lease use, exercise, or carry on, or permit or suffer to bc used,

sive trades:

exercised, or carried on, upon the premises hereby leased,

or any part thereof, any noxious, noisome, or offensi~e

art, trade, business, occupation, or calling, or do, permit,

or s ~ ~ f f e r any act, matter, or thing whatsoever upon the

said premises, or any part thereof, which shall or may be

or grow to the annoyance, nuisance, grievance, damage,

or disturbance of the occupiers or owners of the adjoin-

ing lmds and hereditaments or any of them.

9. The lessee will not without leave as- The lessee will :lot assign, transfer, demise, sublet, or sct over, or otherwise by any act or deed procure the leased

sign or sublet: land, or any part thereof, to be assigned, transferred, demised, sublet, or set over unto any person whomsoever, without the consent in writing of the lessor first had and

obtained.

10. The lessee will not The lessee will not cut down, fell, injure, or destroy any growing or living timber or timber-like trees standing or being upon the leased land, without the consent in writing of the lessor.

cut timber:

l l

h

e

l e s ~ e e will carry on the The lessee will a t all times, during the continuance of this lease, use, exercise and carry on in and upon the leased

business of a premises the trade or business of a licensed v i c t d l e r or

publican,	and	publican, and retailer of spirits, wines, ales, beer, and
conduct	the	porter, and keep open and use the messuage, tenement,

same in an or- or inn, and buildings upon the leased land as and for

derly manner; an inn or public-house for the reception, accommodation,

will apply for . and entertainment of travellers, guests, and other persons

renewal of li-	resorting thereto or frequenting the same, and manage and
cence, and will	conduct such trade or business in a quiet and orderly
facilitate trans-	manner, and will not do, or commit, or permit, or suffer to
fer of licence:	be done or committed, any act, matter, or thing whatso- ever whcreby or by means whereof any licence shall or may be forfeited or become void, or liable to be taken away, suppressed, or suspended in any manner howsoever; and also will from time to time during the continuance of this lease, at the proper times for that purpose, apply for

and

The Real Property Act.-1886. --

.-

and endeavour to obtain, at his own expense, all such licences as arc or may be necessaryfor carrying on the said tradc or business of s licensed victualler or publican in and upon the said leased premises, and keeping the said messuage, tenement, or inn open as and for an inn or public-house as aforesaid: and also will at, or if necessary before, the expiration or other sooner determination of

this lease, sign and give such notice or notices for renewal

or transfer of m y licence as may be requisite or as may be desired by the lessor, and allow such notice or notices for renewal or transfer of any licence as may be rcquired by law to be affixed to the said messuage, tenement, or inn, to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf, and generally will do all such further acts, matters, and things its shall be necessary to enable the lessor, or a n y person authorised by him, to obtain the renewal of any licence, or any new licence, or the transfer of any licence

then exi~t~ing and in force.

THE SETTENTEENTH SCHEDULE. Section 266.

Except and always reserved to his heirs,

executors, administrators, and assigns, all coals, seams of coal, mines, minerals, and quarries of stone and slate which now are, or at any time hereafter may be found in, upon, or under the said land and premises, with full l~herty of ingress, egress, and regress, at all times, to and for the said

his heirs, executors, administrators, and assigns, and his and their agents, servants, and workmen, and all others to be by him or them authorised, at all times, with or without horses and other cattle, carts, or other carriages, laden or unladen, engines, machinery, and all necessary implements and things, into, upon and from the said lands and premises, and every or any par1 thereof, and full right there to view, survey, dig for, work, store, carry away, sell, and dispose of the said coals, mines, minerals, and quarries of stone and slate; and also for the purposes aforesaid,

to erect steam-engines and other machinery, wi th the buildings necessary thweto, and to sink pits, make wagon-ways, and use all other inventions and means for

draining, sinking, storing, leading, carrying away, selling and disposing of such coals, mines, minerals, stone, and slate, doing or suffering to be done as little damage

as possible in the exercise of the said liberties and rights, and paying and allowing to

his heirs, executors, administrators, and assigns, a reasonable compensation for damagc to the surface of the said land, or any buildings or fences thereon.

THE EIGHTEENTH SCHEDULE. Section 267.

Certificate of Registrar- General, Justice of the Pence, $C., before whom instrument

may have hee32 executed by the parties thereto,

Appeared before me at , the day of , A. R., of [here

insert residence and rlescriptiun], tlle party executing the within instrument,

being a person well known to me, and did freely and voluntarily eign the same.

(Signed) Registrar-General, J.P., &c.

THE NINETEENTH SCHEDULE.

Grtgcate of Registmr- General, Justice of the Peace, &C., taking declaration of

attestatang witness.

Appeared before me at , the day of 18 , C. D., of [here section 268.

insert name, reuid~nce, and de~cription rfattrs&iny witness], a person known to me and of good repute, attesting witness to this instrument, and acknowledged his signature to the same; and did further declare that A. B., the part,y executing the same, was personally known to him the said C. D., that the signature to the said instrument 1s in the handwriting of the said A B., and that the said A B. did freely and voluntarily sign the same, and was at that time of sound mind.

(Signed) Registrar-General, J.P., &c.

THE

VICTORIA;,, No.

The Real Property Act.-1886.

THE TWENTIETH SCHEDULE.

Seotion 271. Scale of Charges f o r Sol ic i tors and B r o k e r s.

For application to bring land under Act. ...................................

Where the title has not remaincd in the original grantee, an extra cha~ge

may be made in proportion to the trouble, such cases being more in the

nature of conveyancing.

For entering caveats (exclusive of professional charges incident to litigation

pending) .........................................................

For a memorrndi~rn af transfer	..........................................
For a mortgage or encumbrance	..........................................

For a memorandum of leaee if in duplicate	................................
For a memorandum of lease if in triplicate	...............................

For a discharge or transfer of mortgage ....................................

For a transfer or surrender of lease ......................... ... ..........

For a power of attorney ................................................

Where implicd coven~nts or powers are modsea, or any covenants, not being

such for which short forms are gircn, itre int~oduced in any instrument, extra

No charges shall he made other than the above, unless by special agreement, and such charges shall be deemed to include all lettels and attendances necessary for preparing any instrument and obtaining the signatures and declarations thereto, and also all attendance8 in registering any instrument and searching the title thereof.

THE TWENTY-FIRST SCHEDULE.

Section 224.	Rules and Regdations f u r	Procedure in the & I d l e r o f C'nveats.
Person entering

Caveat to eatabliph hia 1. The cavcator may bring an action for the purpose of establishing his claim, or

may for such purpose take proceedings by nay of petition to the Supreme Court.

claim. proceedings

t qbe had thereon.

Such petition shall be filed, and shall contain, as concisely as may Le, a statement of the material facts on which the petitioner relies, such statement to be divided into paragraphs, numbered consacutirely, each paragraph containing, as nearly a4 may be, a separate and distinct allegation, and shall state specifically what estate, interest, or charge the petitioner claims 3 and the Mastcr of the said Court shall, upon the receipt of such yctition, appoint a time for hearing the same.

Cow Of petitionto served upon claimant.

2* Thc petitioner shall cause a copy of such petition. w i h notice of the time appointed for hearing, to be served seven days at least before the time appointed for the hearing of the said petition, on the caveatee, or at the address given in his application.

Showing cause on

petition. 3. On the day of hearing, the caveatee is personally, or by counsel, to show cause,

Iiearing petition On and if necessary by affidavit, why the prayer of such petition should not be gyanted.

If the caveatee shall not appear on the day appointed for the hearing, the Court may, upon due proof of the service of such petition, make such order, in the absence of the caveatee, either for the estaLlisllrnent of the rights of the caveatl,~, or as the nature and circumstances of the case may require, as to such Court may seem meet.

4

non-attendsnce claimant. Of

of petition. 5. On the hearing of the petition, and upon reading the afiidal-its, if an?, filed in

support thcreof, and any documents produced to the Court, and hearing what may be alleged on behalf of the caveatee arid caveator, the Court may, if it shall think fit, make an order establishing the right of the caveator, or directing any inquiries to be made or other proceedings taken for the purpose of ascertaining the rights of the parties, and for that purpose may adjourn the hearing and order the petition to be served cn any other persons the Court may consider necessary, and every person so served shall attend at the adjourned hearing of the petition; or the Court may dismiss the petition

Question of fact

be 6, The Court may, if it shall think fit, dircct any question of fact brought before it

to a jurps t o be decided before a Judge thereof; and for that purpose may direct an issue to be tried, wherein the caveator shall be plaintiff and thc sal-eatee shall be defendant; and the said Court shall direct when and where the trial of such issue shall take

parties to produce	place; and the Court may also direct t h e pal ties to produce all deeds, books, papers,
deeds, &c.	and writings in their custody or power, u n oatit befuie the Master, on a day to be named by the Court, and each party shall have liberty to inspect the same, and take

copies

49O & 50° VICTORIE, No. 380. B 81

___

The Bed Property Act.-1886.

thereof, at his own expense; and such of them as either party shall give to have produced at the trial, shall be produced accordingly, and the iesue may

be in the form following, viz. :-

I~ the Setpvene Court.

The day of in the year of our Lord, I8 , Form of issae.

SOUTH AUSTIWLIA Whereas A. B. affirms and C. D. denies here atate the qccestim offact to bt

to wtt. ) iri@ and it lm been ordered by His Aonor L r. Justice

&at the said questions shall be tried by a jury : Therefore let the eame be tried accordingly. -.

~ n d in case the parties differ upon the questions to be tried, the Court may either settle the same or refer them to the Master.

7. If the Court shall find that the caveator is entitled to all or some of the relief h*

&imed by him, the order of the Court hall declare what is the estate, interest, lien, titioner e%tsblieh(~

or claim to which the caveator is entitled, and the Court may make such order as the	ge	ie claim.
circumstances may require, and shall have power to afford the caveator the same relief as in an ordinary action.

8. Every order of the Court made under these Rules shall have the same effect E@& of ,,dsr.

as a judgment or order of the Court given or made in an action; and the Registrar-

General shall make such entries in the Register Book, and do ~ u c h	things aB may
be necpssary to give effect to the order of the Court.

s. If, at the hearing of such petition, it shall appear to the Court that, for the Court ma require

purposes of justice, it is necessary or expedient that an astion should be brought, aotion to e bronght.	g
the Court may order such action to be brought accordingly, subject to such terms as
to costs or otherwise as may be thought proper.

10. In all proceedings in the Court, either by the caveator or caveatee, the Court Order for

may make such order as to the costs of the proceedings in the Court and incidental

*

to filing the caveat, as to the said Court shall seem fit.

11. The Court or a Judge may, without prejudice to the exercise of any other Injunction by $U-

power of the Court, upon the application of any person interested in any land, make preme Court.

an order restraining for a time, or until the occurrence of an event to be named in

such order, or generally until further order, the execution or registration of any dealing with land, and may impose any terms and conditions upon making such order.

12. The Court may discharge any such order, with or without costs, and generally court may make

order.

act in the premises in such manner as the justice of the case requires: and the with any order, or a copy thereof, shall obey the same.

THE 1WENTY-SECOND SCHEDULE.

$+ Summons by Registrar- General.

In the matter of &&The Real Property Act, 1886." Section 226.

A. B. here insert addition] is hereby summoned to appear before me at the Lands

1'd.i~ I A, ce, on the day of , one thousand eight

hundred snd , at of the clock in the [fore or after] noon, then and

there I hem drmrt purpose o f summons and deacribe the documents or instruments fg any) rep&& to be prodmeq.

Given under fiiy bmd 2nd seal the day of one thousand eight

hundred and

, Registrar-General. f L.&)

- -

Adelaide: By authority, E. BPILLBB, Odvernment Printer, Ad-terrsoe.

L380.