A HANDY BOOKON TUB

Seal |P rujjfrtj %d

OF SOUTH AUSTRALIA,

CONTAINING

A SUCCINCT ACCOUNT OF THAT MEASURE,COMP1LK1) FROM AUT1IBNTIO DOtiUMKNTS,

WITH FULL

INFORMATION AND EXAMPLES70U THE

GUIDANCE OF PERSONS DEALING;

ALSO,

AN INDEX TO TnE ACT.

By ROBERT R. TORRENS,REtilftTRAH-GENBItAL.

ADELAIDE:

PRINTED AT THE ADVERTISER AND CUP'

Git EN FELL-STREET.

A HANDY BOOKON TAB

Seri ftopertg %&

OF SOUTH AUSTRALIA,

CONTAINING

A SUCCINCT ACCOUNT OF THAT MEASURE,COMPILED FROM AUTHENTIC DOCUMENTS,

%WITH FULL

INFORMATION AND EXAMPLESFOE THE

GUIDANCE OF PERSONS DEALING;

ALSO.

AN INDEX TO ME ACT.

By ROBERT 11. TORRENS,REGISTRAR'GENERAL.

ADELAIDE:

PRINTED AT THE ADVERTISER AND CUP'

GJtENFRLL-SIREET.

TABLE OF CONTENTS.

Uoncral Outline doscriptivo of tlio system, from “TheSouth Australian Handbook” ... ............... 5

Instructions to Officer? of the Lands Titles Department, with Examples from the various Official Books, illustrating tho mode in which the business is transacted ............................................................... 12

Information for the Guidance of Persons bringing.Landunder the Provisions of tho Act ... ... ... 32

Information for tho Guidance of Persons desiring to Transfer, Lease, Mortgage, Encumber, or otherwise deal with Land under the Provisions of the Act ... 38

Index to the Act ............... ••• ••• ••• 63

8 2

THE REAL PROPERTY ACT.

[FROM THE “SOUTH AUSTRALIAN HANDBOOK.”J

Tho system under which “Land” is transferred, charged, and otherwise doalt with in South Australia, claims attention os well by its intrinsic importance as bocause of the interest which the question is now exciting both in the mother country and tho colonies.

Unfortunatoly tho first settlers brought out with them tho English low and practice of conveyancing, with all its fictions, complications, and circuities, devised of old for evading the tyrannical exactions imposed under feudal tenures. This law and practice, applied to the clear titles and free tenures by Crown grant which obtained in the colony, induced upon them in the short space of twenty years the same involvements, uncertainties, and expenses which burden titles in the mother country.

In a colony of yeomen, proprietors of the soil they cultivate, and whore land, instead of being monopolised by tho wealthy, is the ordinary possession of tho masses, this was felt to be intolerable, and, accordingly, in the year 1856, a project for assimilating the mode of dealing with property in land to that which regulates dealings in shipping and stock was devised. This project became law in July, 1858. It has since been matured and tested by the experience of nearly four years, and has been found effectual for every requirement.

It needs but that the caso be plainly stated in order to bring conviction to every mind that the evils to which landowners are subjected under tho old law have a common origin in the retrospective and dependant character of titles.

Such a title is a chain no stronger than its weakest link, and each transaction, by adding a fresh link, increases at

b 3

23

6

once the complexity and the risk that some informality or error may invalidate the entiro chain.

Tho ancestral lino of parchments must bo perused by the gentlemen of the long robe, and a fresh geneological tree, under the name of an abstract, drawn at full length rom tho root to the last leaf of its parchment foliage

every timo that a now title link is born into tho family.This evil is cumulative, and as tho services of gentlemen

specially educated for the peculiar intricacies of this work are indispensible, its cost is proportionately great.

From this it follows, that any system to be effective for tho reform of the law of Beal Property, must com­mence by removing the past accumulations, and then establish a method under which future dealings will not induce fresh accumulations.

This is effectuated in South Australia by substituting u Title by Bcgistration ” for “ Title by Deed,” and applying tho “ Stock-book system” to dealings in real property.

All lands alienated from the Crown subsequent to this Act arc declared to be under its provisions. The earlier titles are brought under its provisions upon the voluntary application of the proprietors, who together with their applications are required to deposit the deeds and other evidences of ownership.

These are referred for examination to two conveyancing solicitors, specially retained by the Crown, who are prohibited from professional practice. The solicitors are required to report indepondantly of each other upon every title, and these reports are submitted to a Board styled “ The Lands Titles Commissioners,” whose province it is, under advice of the solicitors, to reject applications altogether, or to determine to wliat extent, and during what length of time, the claim of the applicant to be recognized aB owner of tho freehold shall bo notified and advertised. Notices, with plans of the land which is the subject of application, are served through the post upon tho persons in possession, and upon the occupiers and proprietors of contiguous lands, and are also exhibited in the offices of tho District Corporations and Councils, at tho

7

Local Courts, General Post Office, Supreme Court, and other public places. Theso claims are also advertised three times at least in daily and weekly papers. The period to elapse after advertisement may be varied at the discretion of tho Commissioners from one month to two years, but is usually two months. If, within the period so limited, any adverse claim is lodged, the case is referred for decision to the Supreme Court; and the land cannot be brought under the A.ct until final judgment be had, or the adverse claim is withdrawn. Where no question is raised within the period limited, the land is brought under the Act, and a certificate issued to the applicant, vesting him with title indefeasible in tho fee simple, or as tenant for life as tho case may be. In the case of tenants for life, the persons entitled in reversion and remainder must join in tho application, and their rights aro notified ou tho certificate of title granted to tho tenant for life in possession.

All grants from the Crown, and certificates of title representing the freehold, are issued in duplicate. One original is delivered to the proprietor, the other is bound up in " Tjie Rkoistkr Book." Each grant or certificate constitutes a separate fo'ium of this book, on which are recorded memorials of all lesser estates, interests, or dealings, existing at the time or subsequently created; until the ownership of the freehold is changed by transfer, insolvency, will, or intestacy. Tho duplicate grant or certificate in the hands of tho proprietor bears the same memorials, and upon change of ownership through any of the above events it must bo delivered up to be cancelled. The duplicate in the Register is at the same time cancelled, and a fresh certificate is executed to tho new proprietor, constituting a fresh folium of the Register, on which are brought forward the memorials of all lesser estates or interests, leases, or charges, then remaining current affecting the land.

Transfers, leases, charges, whether of tho fee or free­hold, or of any less estate or interest, arc created by entering memorial of the transaction on the folium of the

25

8

Register constituted by the grant or certificate of the land which is the subject of the dealing.

Simple forms with instructions and examples for tho guidance of persons dealing, and adapted to each des­cription of transaction, are supplied at the Registry Office.

These, when filled up, must be executed in duplicate, witnessed, and the identity of the parties proved before a Justice of the Peace, or certified to the satisfaction of tho Registrar by a Solicitor or Licensed Broker.

Upon memorial of any instrument so executed and attested being entered in tho Register, a certificate of tho day and hour when such entry was made, stating tho volume and folium of the Register where it may be found is endorsed, both upon the original and duplicate, under the hand and seal of the Registrar. All instruments thus registered are numbered in consecutive series, one original is delivered to the proprietor, tho other is filed in the Registry strong room. Instruments when executed are merely personal contracts betweon tho parties, upon which action for damages may be raised, but they do not bind the land. The entry on the folium of tho Register alone passes the property, creates the charge or lesser estate, discharges, or transfers it. The certificates of registration, endorsed on instruments, render them conclusive evidence in all courts of law or equity, unless fraud bo proved.

Upon transfer of tho freehold in part only of tho land included in a grant or certificate, that grant or certificate is surrendered, cancelled, and fresh certificates issued, tho one to the proprietor, for the portion retained, the other to the transferee, for the portion transferred.

Transfers of leases and charges, surrenders of leases, and acquittances of charges, are endorsed on tho original instruments, which, in the two last-named cases, must bo surrendered to the Registrar to be cancelled.

Under this method no accumulation of instruments (the fatal objection against all other systems of registra­tion) can tako place, as each estate or interest is represented so long as it exists by one instrument only. Each pro-

26

9

prietor, whatever may bo bis estate or interest, holds in his own custody one ordinal of tho instrument which affords conclusive evidence of his title in all courts of law and equity. The other original is bound up in the register, or deposited in the registry strong room, available for all purposes in the event of loss or destruction of the first, an arrangement which likewise affords something like guarantee against injury through tho fraudulent alteration of instruments in the hands of interested parties. Search and investigation of title are unnecessary, as each instru­ment discloses tho nature of the property held by the proprietor, with all that a party dealing can require to know, as tho title of a purchaser or mortgagee bona fide is declared indefeasible.

A percentage of one halfpenny in the pound, on tho value, is levied on the drat bringing of land under tho provisions of the Aet; and, also, upon the transmission of feo simple cstato by will or intestacy, to constitute an assurance fund, out of which compensation may bo awarded in tho evont of any rightful proprietor or heir being deprived through tho iudefoasiblity given to certificates of title and registered dealings. This fund is guaranteed by the general revenue of tho colony, but no claim has as yet been raised against it, although over 2,700 separate estates have boon brought under the Act.

No notice of trusts can bo enterod on tho register, but a proprietor desiring to settle Lis estate through the instrumentality of trustees, may deposit in the registry for safe custody and reference any instrument declaratory of trusts executed by the Trustees to whom he transfers the property, and by caveat prohibit the registration of any dealing, except in accordance therewith, or with the sanction of tho Supremo Court. He may, also, direct the word “ no survivorship” to be entered on tho certificate of title, tho effect of which will be, that wishout the sanction of the Supreme Court no dealing with the property can tako place until any vacancy occasioned b}r death or other­wise in the original number of trustees has boeu filled up. Persons beneficially interested in any settled estate may, iulike manner, by caveat, bar all dealing therewith until

21

10

after 14 days notice thereof has been served at an address given in such caveat.

These provisions are found to afford ample security. Any proprietor desiring to settle his estate without resorting to the instrumentality of trustees may reduce his own interest to that of a tenant for life, by registering an instrument of transfer appointing reversioners and remaindermen, who shall inherit such estates, and in such order of succession as he may direct.

The ancient fictions of transferring the legal estate upon mortgago is abolished and a simple hypothecation or charge substituted, but no other interferance with tho general law as between mortgagor and mortgagee, land­lord and tenant, or as relating to transmission through insolvency, will, or inheritance, is attempted. These latter events, as also the marriage of female proprietors, are simply required to bo authenticated in a prescribed manner to the Registrar, in order that ho may know whom to recognise as authorised to deal with the property.

This system has been in operation over three and a half years, and has given entire satisfaction to the land owners.

At tho close of 1861, tho number of applications for titles under tho new system was 2,747 the value of tho land subjected to it was £1,G30,532, tho sum secured thereon by mortgago was £471,183 14s., and the total number of transactions completed was 5776.

The procedure is so simple and ready of accomplish­ment that parties dealing for tho most part transact their own business, and brokers aro licensed to assist tho uneducated. The services of the professional convey­ancer are not however superseded; they are still called iu when wills, declarations of trust, settlements, and leases with unusual covenants, have to be drawn; and such of them as are content to accept a remuneration proportioned to tho diminished labor and responsibility are by many preferentially employed. The cost of transferring freehold estate, including fresh certificate of title, is thirty shillings. The cost of leasing, or of charging land a security for a sum of money or annuity, is ten shillings. The cost of transferring or surrendering a lease, or of

28

11

transferring or acquitting a charge is five shillings, and the proceeding in ordinary cases may be completed within half-an-hour.

In addition to the saving of some ninety per cent., in tho cost of conveyancing, the colonists of South Australia derive important benefits from this measure.

1. In the prevention of Chancery suits and cases on the title, by cutting off the retrospective or derivative character of tho title upon each transfer or transmission, so as that each freeholder is in the same position as a granteo direct from the Crown.

2. By the substitution of simple and inexpensive procedure in ejectment and foreclosure, rendered possible through the simplification of title.

3. By the extraordinary facility and security with whicli land, under this system, is made tho basis of credit, whether by registered charge or equitablo loan on deposit of the one instrument which represents the title.

4. And chiefly by restoring to its intrinsic value a large amount of property depreciated or unmarketable through defective evidence or technical imperfection in title.

Mr. T. S. Mill, the eminent political economist, has remarked that “ to make land as easily transferable as stock would be one of the greatest improvements which could be bestowed upon the country/* The " Society for Promoting the Amendment of Law** under the Presidency of the Venerable Lord Brougham, in one of their reports affirm that “ It has been estimated by persons of expe­rience and authority in such matters, that a cheap, simple, expeditious, and accurate system of transfer of land, would add four or five years’ purchase (some will say ten) to the marketable value of land.”

This is no longer a problem for solution in South Australia, it is a realised fact.

29

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instructions for tiie officers ofT1IE LANDS TITLES DEPARTMENT.

1. Applications, with accompanying diagrams, deeds, and instruments, will be received by tho Secretary, who will point out for immediate correction any deficiency or error that may be perceived by him upon a preliminary examination.

2. The Secretary will make out the note of charges to be paid to the Receiver, and upon eight of his acknowledgement for the amount, will enter tho particulars in the application book, and pass the application and other documents to tho Draughtsman.

3. Tho Draughtsman, if ho finds the description of the parcels on tho application and diagram to be sufilcicnt, and to be consistent with such description ab may bo afforded in the deed, will certify to that effect on tho application, and pass tho caso to the Solicitors ; otherwise, he will move the Registrar-General to call upon tho parties for explanations, or to remedy such dofccts or deficiencies as may have been detected.

4. It is an especial duty of the Draughtsman to note whether the parcels described in any application encroach on the boundaries of land already under tbo provisions of tho Act, and whether district and other roads that may have boen opened over tho land since the dato of tho original grant are correctly shown on the diagrams. When satisfied in these respects, he will pass on tho application and deeds, with his report and diagram, to the Solicitors ; ho will also prepare copies of diagrams to bo forwarded to proprietors of contiguous lands, District Councils, and others, as may be directed by the Board.

5. All maps of Townships, deposited in terms of the 102nd section of tho Real Property Act, must be tested by tho Draughtsman before they are numbered or received for registration.

6. The Solicitors will examine the title of tho applicant— paying especial attention to identity of purccls and description of boundaries—calling upon the applicant for such explanations and further evidence of title as in their judgment may be necessary or (’em able.

7. Assisted by their Clerk, they will institute a careful search in tho General Register, and draw up a report on tho caso to bo submitted, together with a statement of the search in detail, for tho consideration of the Lands Titles Commissioners.

8. ICacli report should be signed by both Solicitors, and should state whether the title is found consistent with the statements made in the application, and set forth any discre­pancy, delect, or occasion of doubt disclosed by the deeds, or discovered in the course- of the inquiry, and the names of all

13

persons upon whom notico of the application should bo served, distinguishing whether personally or by registered lettor.

9. Tho decisions of tho Board, upon the casc9 brought bofore them by tho Solicitors, will be recorded by the Secretary in tho minute book, for the guidance of the Registrar-General.

10. The Secretary will prepare tho advertisements in accord­ance with tho minutes, and submit tho sumo for examination to the Solicitors, who will pay especial attention to description of parcels given, taking care that the notico may bo as complete as possible, and in tho most condensed form of words. They will affix their initials to tho draft advertisement, signifying their approval of the same.

11. It is the duty of tho Secretary to cause copies of all application notices to be exposed in the Long Room of the Registry Office, in the Land Office, in tho Supreme Court, at the General Post Office, and in the Exchange; also to forward such notices, with tracings of diagrams, by letter, to District Councils and Corporations, and also by registered letter to tho occupiers of the land applied for when the occupier is not tho applicant, to tho occupiers and owners of laud having contiguous boundaries, so far ns known, and to such persons ns tho Board may direct, and to cause personal service of such notice whenever required by the applicant or directed by the Board.

12. The Secretary will be careful to check the notices published in tho Gazette and in tho newspapers, and will report any error or omission for the consideration of tho Registrar-General.

13. Caveats, forbidding the bringing of land under tho provisions of the Act, muBt, immediately on receipt, be referred by the Secretary to the Solicitors, who, if they find the same formally correct, nnd that tho parties claim to have puch interest in the land as may entitle them to caveat, will notify that such is tho caso by affixing their initials—otherwise they will report the case to the Registrar-General.

11*. Upon return of tho caveat, initialled by one of the Solicitors, the Secretary will enter the same in the application book, and preparo the notice of caveat, to bo signed by the Registrar-General, and forwarded to the applicant proprietor per post.

15. The Secretary will, each Friday, furnish the Solicitors with a list of all applications in respect to which the period limited by the Board for lodging caveat has expired.

16. The Solicitors will, thereupon, draft certificates of title in the names of tho applicants, or of such persons ns they, by writing under their hand, may appoint ; taking especial care that all leases, encumbrances, or other oetnfes or interests, current or outstanding, arc notified by memorial on such certificates.

17. The Certificates of Title, when ongrossod in original and duplicate, will bo compared with the draft by the Solicitors, who will also examino tho diagram to see that it corresponds

14

with the description of parcels, and will oertify the correctness of the Barao by affixing their initials.

18. The Draughtsman will, on each Wednesday, furnish to the Secretary a list of such certificates of title, requiring to be signed in public, after seven days* notice, in terms of tho 123rd section of the Act, as will bo prepared to be bo signed upon the Friday of the week following.

19. Upon the day appointed in the notico, final search will bo made to ascertain that no instrument affecting the property has been registered since the previous examination; ana the Ccrtifi* cate of Title, with tho notification of final search, will then be presented to tho Registrar-General to be signed by him in the public office, and will then be marked by the Deputy Registrar with the volume and folium of the register book in which they are embodied.

20. The Deputy Registrar of Deeds will then noto upon the latest memorial affecting tho property tho dato of the Certificate of Title bringing the eamo under provisions of the Real Property Act, and tho volume and folio of the register book where it may bo found; for this purpose tho Certificate of Title will be handed to him so soon as registered, togothor with tho memorandum of search by tho Solicitors.

21. Whenever notico of agreement to mortgage, or to createany lien, estate, or interest in tho land has been given on the application, or subsequently, the doeds given in with the applica­tion will be held as on equitable deposit as security for the intending mortgagee until the Certificate of Title is registered, and the Certificate of Title will de retained by the Secretary until such agreement is fulfilled, or tho release from it certified by the parties interested. •

22. Certificates of Title will bo delivered only to the party in whoso name they are made out, or to his order, or to his Solicitor or Licensed Broker.

23. Upon the Certificate of Title being embodied in the register book, the Deputy Registrar will stamp as cancelled all the deeds and instruments of title surrendered by tho applicant proprietor, and will place these, together with the application, the diagram, the Solicitors* draft certificate, note of search, report to tho Board, abstract of titlo or list of deeds, and all other instruments relating to tho case, in a proper envelope, docketed with the number of the application, the narao of the applicant, and of the person to whom certificate has been issued, the date thereof, and tho volume and folio of the rogistcr book constituted thereby.

24. Whenever deeds deposited relate to other property besides that brought under the Real Property Act, the Solicitor will endorse the memorandum cancelling the same, bo far as regards the portion brought under the Act, and forward them to bo stamped by the Deputy Registrar, and returned to the parties entitled to receive them.

15

25. Tho Secretary will note in the application book the lapse, withdrawal, or discharge of caveat forbidding tho bringing of land under the Act, date of the certificate issued pursuant to the application, and the volume and folio of the register book where it may be found.

26. The indexing Clerk will enter the particulars of certifi­cates bringing land under tho Act in the journal and in the index under name?, and in the index of lands under the Act.

27. In order that tho Registrar-General may be cognizant of the progress of business, the Solicitors* Clerk will lay before him, each Monday, a list of ail applications on hand ten days or upwards without being presented to the Board—stating the cause of delay, and the steps taken to remove it; also a list of all Certificates of Title due eight days or upwards, with the cause of delay, and the steps taken to remove it. The Draughtsman will countersign this list whenever the case is delayed by any cause coming under his branch of the service.

INSTRUCTIONS FOR OFFICERS REGISTERING DEALINGS WITH LAND UNDER THE REAL PROPERTY ACT.

28. All instruments purporting to deal with any estate or interest in land under the Real Property Act, will be received by the Secretary, who will give to them a preliminary examination, to see that they are free from erasures, legibly written, properly witnessed and proved, and certified correct for registration by the parties claiming interest, or by a Solicitor or Licensed Broker; also that they are accompanied by diagrams when necessary, and by grants or other instruments of title whenever tho nature of the transaction requires the presentation of instru­ments of title for deposit, surrender, or endorsement of memorial.

29. When satisfied in these particulars, the Secretary will affix his initials, make out the charge note of fees, and pass the instruments to the Receiver ; who, upon the receipt of the amount, will forward tho same to the Draughtsman. Tho Draughtsman, if he finds tho diagrams and descriptions of parcels correct, will affix his initials and pass the documents for final examination by the Solicitors.

30. Tho Solicitors will compare the original and duplicate, see that the instrument sets forth tho intention in clear and explicit language, that the parties aro legally in a position to deal as proposed in tho instrument, and that the latter is in all respects correct for the purpose of registration. If satisfied in those particulars the Solicitors will signify approval by affixing their initials, and {mss tho papers to tho Deputy Registrar $ otherwise they will move the Registrar-General to call upon the parties to correct any error or supply any deficiency detected during tho examination.

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1G

31. The Deputy Registrar will number, in consecutive Berios, euch instruments as are certified by the Solicitors for registrat ion or to be filod ; he will then prepare the memorial appropriate to the ease, and enter the same on the proper folium of the register book, and on the grant or certificate, whenever by law required.

32. lie will then endorse the instrument w ith tho certificate of registration, stating the date thereof, and the volume and folium of the register book, whore the memorial has been recor­ded. All entries in the register book, and on any grant or certificate of title, must be signed by the Registrar-General or Deputy Registrar.

33. All certificates of registration, endorsed on instruments, must bo authenticated by the seal of office and by tho siguaturo of the Registrar or Deputy Registrar.

31. Duplicates or attested copies of powers of attorney will be examined and compared by the Solicitors, initialled, and passed to tho Deputy Registrar-General, who will enter on the appropriate folium of the register book a memorandum of the particulars, with tho date and hour of tho deposit of tho instru­ment with him.

35. Caveats forbidding dealings with land under tho provisions of tho Act will be forwarded by the Secretary to the Solicitors, who, if thoy find the parties entitled to caveat, and the instru­ments to bo formal and correct will affix their initials and pass them to tho Deputy Registrar. Tho Deputy Registrar will enter on tho appropriate folium of tho register book a cross in red ink, with the number of tho caveat., and the date and hour of its deposit with him. He will then forward to the caveatee tho notice required by the 82nd section of the Act.

36. The Indexing Clerk will record in the journal, in numerical order according to date of their receipt for registration, the particulars of each transaction, giving the reference to the register book whore the memorial may be found ; he will likewise post the liko particulars in the index under names daily.

37. Tho Deputy Registrar, if required, will give certificate of search under his hand, when satisfied that the prescribed fees have boen paid.

38. The Clerk of Records will attond and assist parties making geueral search in the index of names, or special search in any specified folium of the register book, or requiring perusal of any duplicate instrument, upon being satisfied that tho fees 5s. or 2s. proscribed for each caso respectively have been paid.

39. Tho Record Clerk is responsible for tho custody and pre­servation in order, according to their numbers, of ull parcels of deeds surrendered upon bringing land under the Act, and of all instruments received from the Deputy Registrar to be filed or deposited.

R. R. TORRENS, Registrar-General.

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INDEX.

ttNDETl NAMES OP ritOl’METOTlS,

M M ,Nature of Property. °5 OO «o QJ Register

Instrument. a SB Book.

Vol. Folio.Barit*, Andrew

C Sec. 90, II. KuitpoBell, Anthony

XXXI. 60

C Pt. 8co. 3. II. KuitpoBoifd, Archibald

£cc. 7. II. Adelaide

XXXI.

XXXI.

60

c 5Cole, .loltn

M I) Sec. 7, 11. AdelaldoCor, John

30 CO XXXI. 6

L

»-2CO Pt. 8«‘C. 1300, U. Goolwa

Dove, Charles3070 XXXI. 181

C Sec. no, 11. KuitpoDunn, Charles

XXXI. CO

C Pt. Sec. 3, II. Kuitpo XXXI. 61P To Thos. Robinson

Dunn, Mary and Anna3100 M 61

E Pt. See. 3, U. KuitpoEast Torrens Building Society

3010 XXXI. 61

M Pt. Sec. 3. 11. KuitpoFreer, Edwin

3r00 XXXI. 60

C Sec. 90, II. KuitpoHanson. George

C Lot 13, Township TrimJones, Thomas

XXXI. 4

L TL Pt. S« c. lano, II. Goolwa May, William

See. 7, II. AdelaideM<wris, John

3070 XXXI. 84

M TM 30 GO XXXI. 6

T Pt. Sec. 1300Robinson, William

3090 XXXI. 181

T Seo. 1300, II. GoolwaSmith, John

3061 XXXI. 84

G Sec. 1300, II. GoolwaSmith, James

II. 54

M Pt. Sec. 1300Smith, William

3084 XXXI. 84

T Pt. 6nc. 3. 11. Kuitpo 3102 XXXI. 200Trans­mission

Spence, J. B.Lot 13, Township Trim

Wincey, JohnXXXI. 4

X Pt. Seo. 00,11. Kuitpo 3160 XXXI. CO

20

PROPERTY INDEX OF LAND BROUGIIT UNDER THE REAL PROPERTY ACT.

ADELAIDE (HUNDRED OF).

No. of Section.

Reference to Vol. and Fol. ofRegister Book.

No. of Section.

l I. 24a II. 47 i V. 4(7; XI. 14734 Unley. Soe Townships, Vol. II., page 1066789

101112 Angaston. See Townships, Vol. 1, page 713 II. 7 ; 11.9; XX. 15; XXI. 2114161617IS19

ANGASTON (TOWNSHIP OF).

No. of Reference to Vol. and FoL of No. ofLot. Register Book. Lot.

l X. 2412 VIII. 243346 XX. 146 XI. 47

UNLEY PARK (VILLAGE OF.)

No. of Reference to Vol. and Fob of No. ofLot. Register Book. IioL

1 X. 7234 XX. 14366 XL 477 XIX. 4689

Note.—The roman numerals refer to the Vol. of the Registry Hook, the Arable numerals to the Fob, os Lot 1, Angaston, See. vol. X., page 241. Where there are several references to one lot or section it shows that that lot or section has been subdivided, »nd that the pieces of the said lot or section have been brought under the Real Property Act at different times by various parties.

38

21

SOUTH [koval arms] AUSTRALIA.Land Grant.

Register Rook, Vol. IL, Folio 51.Know all mm by these presents that Sir Richard Graves

MacDonnell, Knight, Companion of the Moot Honorable Order of the Rath, Captain-General and Governor-in-Chief of the Province of South Australia, in consideration of the sum of eighty-five pounds sterling to tho Treasurer on behalf of Tier Majesty paid by John Smith, of Adeluido, carpenter, doth this seventh day of J uly, in the year of our Lord one thousand eight hundred aud sixty-one, hereby in tho name and on behalf of Her Majesty grant unto the said John Smith all that Section of Land containing eighty Acres, bo tho same u little more or less, and numbered 1300, situate in tho Hundred of Goolwa, County of Hindmarsh, and delineated in the Public Maps de­posited in the Survey Office at Adelaide, and in the plan in the margin hereof, with all timber, mineiols, and appurtenances, to hold unto tho said John Smith his heirs and assigns for ever.

Stamped with a copy of tho Great Seal of tho said Province, which stamp hath been duly authorized for that purpose by tho said Sir Richaul Graves Mae Donnell, according to the pro­visions contained in the Land Grants Act.

As witness tho hands of tho Treasurer and Registrar-General the day and year aforesaid.

T. R., Treasurer.R. R. T., Registrar-General.Transfer No. 3061, dated

tho 15th day of March, 1862. Produced the 16t.h day of March, 1862, at ten o'clock o.m., from tho abovenamed John Smith to William Robinson, of Adelaide, carpenter, of the above Section.

Consideration money paid £200. Entered the lGt.b day of March,

1802, at ten o'clock a.m.VV.B.T. A., Dep. Reg. Genl.

The above Grant is cancelled and fresh Certificate issued, vol. XXXI., folio 84.

W.B.T. A.,Dep. Reg. Genl.

I acknowledge to bavo received from the above mentioned John Smith tho before mentioned sum of eighty-fivg pounds sterling.

E. II. IL, Under Trcasuror.Witness—W. E. M. F.

1300

39

22

C

SOUTH [royal arms] AUSTRALIA.

Certificate of Title.Register Book, Vol XXXI, Fol. 4.

George llanson, of Clare, gentlemen, is now seised of ancstato in fee aim|ile, subject nevertheless to such encumbrances, liens, and interests, as are notified by memorial under written, or endorsed hereon, in that piece of land situato in tho Hundred of Clare, being Allotment numbered 13, Township of Clare, portion of Section 99 in the said Hundred, which said piece of land contains three acres, or thereabouts, and is bounded as appears in the plan of the said Township deposited in the General Registry Oflico, No. 150, of 1858; and on the plan in the margin hereof, and therein colored green. Which said Section 99, is delineated on tho public map of tho said Hundred deposited in tho offieo of tho Survey or-General, and was originally granted the 18th October, 1842, under tho hand and seal of Geo. Grey Esq., formerly Governor of the said Province, to E----- F------

In witness whereof, I have hereunto signed my name and affixed my seal, this twelfth day of February, one thousand eight hundred and sixty-two.

R. R. T., (Seal) Registrar-General.

Signed in presence of H.P.D., 1 the 15th day of March, 1862. j

21210 Feet

14

+■»OJ ©a> ©^ Lot 1G?1 o o52 ^CD CD

12

210 Feet300 Feet

Government Road

The estate of tho abovo- named George Hanson in the property described in this Certificate of Title bo- cfimo transmitted to J.B.S., Official Assignee, and J.B., Trade Assignee of tho estate and ejects of tho said George Hanson, insolvent,

'S as appears by a certified 3 copy of the appointment c of Assignees, dated the 15th | day of June, 18G2,produced

pq tho 20fch day of J une, 1862, and entered the same clay at noon.

r.B.T.A., Dep. Ilcg.-Qeucral.

40

23

CSOUTH [royal arms] AUSTRALIA.

Ckhtificatb of Title.Register Book, Yol XXXI, Fol. 5.

Archibald Boyd, of Clare, gentleman, is now seised of an estate in fee simple, subject nevertheless to such encumbrances, liens, and interests, as are notified by momorial underwritten, or endorsed hereon, in that Section of land situated in tho Hundred of Adelaide, numbered 7, and containing 80 acres or thereabouts, together with right of way with horses, carriages, and cattle, over the private road across Section 9 in the said Hundred, leading to the spring on the North-East corner thereof, and privilege to draw and remove water therefrom, and to water great and small cattlo. Which said Section 7, is bounded as appears in tho plan in tho margin hereof, and is delineated in the public map of tho said Hundred deposited in tho ofllco of the Surveyor-Gcnoral, and was originally granted, tho tenth day of December, 1810, under tho hand and soal of George Gawlcr, formerly Governor of tho said Provinco, to 0----- D------ .

In witness whereof I havo horounto signed my name, and aflixed my seal, this twelfth day of February, ono thousand eight hundred and sixty-two.

R. R. T., (Seal) Registrar-General.

Signed in tho presence of H. P. D.,") tho 15th day of March, 1862. )

Mortgage No. 3060,dated the 16th day of March, 1862, produced the same day at noon from tho above-named Archibald Boyd to Williar May, of Clare, farmer, princi­pal sura secured, £500 ; date appointed for redemption,

___ 15th March, 1863} rate ofinterest, £10 per centum per annum, payable half-yearly on 15th days of September and

8 March.Entered tho 15th day of

March, 1862, at noon.___ W.B.T.A.,

____________ ________ Dep. Reg.-General.Transfer of tho above Mortgage. No. 3060, by endorsement thereon,

dated the 14th day of June, 1862, from William May, the above-named mortgagee, to John Cole of Adelaide, gentleman.

Entered the 14 th day of June, 1862, at eleven o’clook a.m.W.B.T.Am Den. Keg.-General.

Discharge of the above Mortgage, No. 3060, by receipt endorsed thereon lor the whole of the money thereby secured. Dated the 4th day of August. 1862. Entered the same day at noon.6 W.B.T.A., Dep. Reg.-General.

4 I

21

CSOUTH [royal arms] AUSTRALIA.

Certificate of Title.Register Book, Vol. XXXL, Fol. GO.

Anthony Bell, of Woodsidc, farmer, is now seised of an estate in fee simple, subject nevertheless to such encumbrances, liens, and interests oa are notified by memorial underwritten or endorsed horeon, in that piece of land situated in the Hundred of Kuitpo, being tho eastern moiety of tho section numbered 3 in the said Hundrod, and bounded os appears in tho plan in tho margin hereof and therein colored green, which said piece of land contains forty acres or thereabouts, and measures as well on tho north next part of Section No. 17 as on tho south next a Govormneufc road, sovorally fourteen chains and twenty links or thereabouts, and as well on the cast next a Government road as on tho west next other part of the said section severally twonty-eight chains and forty links or thereabouts ; which said section is dolincatod in tho pnblio map of the said Hundrod deposited in the office of tho Survoyor-Gonoral, and was originally granted tho thirtieth day of March, 1810, under the hand and seal of G<*>rgo Gawler, Esq., formorly Govornor of tho said Provineo, to E----- F------ .

In witness wheroof I have hereunto signed my name and affixed ray seal this twelfth day of February, ono thousand eight hundred and sixty-two,

R. R. T„ (Seal) Registrar-General,

Signed in tho presence of H. P. D., 1 tho 20tli day of March, 1862. j

Mortgage No. 3000,dated the 5th day of Janu* ary, 1862, produced tho 12th February, 1862, at ten o’clock a.ra., from the above- named Anthony Bell to Alfred Johnstone, Thomas Stokes, and George Robin­son, the present Trustees of tho East Torrons Land Building and Investment Socioty. Principal sum se- enrod £100. Payment 2s. on Wednesday in each week, according to tho rules of the Society.

Entered the 12th day of February, 1862, at ten o’clock a.ra.

W. B. T. A.,Dep. Reg.-General.

1420

rt. See. 3 g

42

25C.

SOUTH fnoTAL aims] AUSTRALIA.Certificate of Title.

_ r ™ Be6!8,er Book> Vo* XXXI, Fol. 61.Charles Dunn, of Woodsido, Farmer, is now soised of an

estate in fee srniplo, subject, nevertheless to such encumbrances, liens, and interests, ns are notified by memorial underwritten or endorsed hereon, in that pieco of land situated in the Hundred of Kuipto, county of Adelaide, being the westora moiety of tho Section numbered 3 in tho said Hundred, and bounded as appears in tho plan in tho margin hereof, and therein colored green. Which said pioco of land coutains forty acres or thereabouts, and measures as well on the North, next part of Section No. 17, as on tho South, next a government road, severally fourteen chains and twonty links, or thereabouts, and as well on East sido thereof, noxt other part of tho said Section, as on tho West sido thoreof, noxt the Section No. 19, severally twenty eight chains and forty links, or thereabouts, which sai'd section is delinoated in the public map of the said Hundrod deposited in tho ofllco of tho Survoyor-Gonornl, and was originally granted tho thirtieth day of March, 1810, undor tho hand and sea1 of George Oawler, Esquire, formerly Governorof the said Province, to F----- F------- ,

In witness whereof I have hereunto signed my name, and affixed my seal this twelfth day of February, one thousand eight hundred and sixty-two.

R.

Signed in the presence of II. P. D., the 20th day of March, 1862.

R. T., (Seal) Registrar-general.

171420

19 Pt. Sec. 3 %CM

Encumbrance No. 3010,dated tho 12th day of Febru­ary, 18G2; produced the same day at 10 o’clock a.m., from the above-named Chas. Dunn, to socure to Mary Dunn, his wife, and Anne Dunn, his. daughter, respectively, an annuity of £100, as therein mentioned.

Filtered the 12th day of February, 1862, at 10 o’clocka.m.

W.D.T.A., Dep. Reg.-General.Power of Attorney, No. 1,300, dated the 2Uh day of March. *1862,

produced 26th d.iy ol* Mnreli, 1862, from the wilhin-numcd Charles Dunn, to Thomas Itobinson, of Adeluide. Entered, the 20th day of March, 18 m 8* noon* W. B. T. A., Dep. Reg.-General.

Transfer No. 3102, dnted the 26th day of March, 1662,

Eroduced the ivtnie day at noon, from the above named Charles Dunn, by is Attorney Thomas Robinson, to William Smith, if Knpiinda, Farmer, of the above described land. Consideration money paid, £t00. Entered,

the 26th day of March, 1862, at noon. W. B. T A., Dep. Reg.-General.This Certificate of Title is cancelled, and fresh

Certifitato of Title issued, Vol. XXXI. Fol. 200.W. B. l\ A., Dep. Reg.-General.

43O

20

C.SOUTII [boyal aums] AUSTRALIA.

Cebtipicate op Title.Register Book, Vol. XXXI., Fol. GO,

No Subvivobsuip.Andrew Barns, Charles Dove, and Edwin Freer, of Adelaide,

gentlemen, ore now seised of an ©stato in Tee simple, subject nevertheless to ouch encurabrancos, liens, and intorosts as are notiGed by memorial underwritten or endorsed hereon in that piece of land situated in tho Hundred of Kuitpo, County of Adelaide, boing portion of tho Section No. 90 in tho said Hun­dred, and bounded as appears in tho plan in tho margin hereof and therein colored green, which said picco of land contains seventy-nine acres or thereabouts, and measures os well on tho north next. Section No. 30 as on tho south next a Government road severally twenty-eight chains, and as well on tho cast next a Government road ns on tho west next other part of tho said section severally twenty-eight chains and forty links or thore- abouts; which said Section No. 90 is delincatod in tho public map of tho said Hundred deposited in tho office of tho Sur- voyor-General, and was originally granted tho 7th day of May, 1810, under tl\o hand and seal of George Gawler, Esquiro, formerly Governor of the said Provino, to Luko Matthew,

In witnoss whereof I have hereunto signed my nnrao and affixed my seal this ninth day of March, one thousand eight hundred and sixty-two.

It. R. Torrens, (Seal) Registrar-General.

Signed in the presence of H. P. 1)., ) the 9th day of March, 18G2. )

X No. 350, dated the 20t!i day of August, 1862, produced the same day, and entered at 11 o’clock a.m.

W. B. T. A.,Dep. Reg.-General.

t2800

3 Tt. Sec. 90OD

The above Caveat was withdrawn on 14th September, 1862, at noon.

W. B. T. A.,Dep. Reg.-Gencral.

Scale.

44

27C

SOUTH [rotaIj arms] AUSTRALIA.Certificate of Title,

Register Book, Vol. XXXI., Fol. 84.Pursuant to Memorandum of Transfer No. 3061, dated the

15th day of March, 18G2, from John Smith, Willium Robinson, of Adelaide, carpenter, is now seised of an estate in fee simple, subject nevertheless to such encumbrances, liens, and interests as are notified by memorial underwritten or endorsed hereon, in that Section of Land, situated in the Hundred of Goolwa, County of Ilindiuarsh, numbered 1300, and containing eighty acres or thereabouts, which said Section is bounded as appears in tho plau in tho margin hcroof, and is dolineated in tho public map of tho said Hundred deposited in tho oflico of the Surveyor- General, and was originally granted, tho seventh day of July, 1861, under the Great Seal cl tho said Province to tho said John Smith.

In witness whereof I have hereunto signed ray namo and affixed my seal this eighteenth day of March, ono thousand eight hundrod and sixty-two. R.11.T., (Seal)

Registrar -General.Signed in tho presence of II.PD., 1

this 18th day of March, 1862. jLease No. 3070, dated the

20th day of March, 1862, pro­duced tho samo day at ten o’clock a.m., from tho above-named William Robinson to Thomas Jones of Adelaide, of the nor­thern moiety of tho above Sec­tion ; term, five years; rent, £20 per annum, payable half- yearly, on 20th days of Septem­ber and March; right of purchase

at £200. Entered tho 20th day of March, 1862, at ten o’clock a.m. W.B.T.A., Dep. Reg.-General.

Mortgage No. 3084, dated the 2lst day of March, 1862, produced tho samo day at noon, from the above-mimed William Robinson to James Smith, of Adelaide, grocer, of tho northern moiety of tho above Section. Principal sum secured £150 ; date appointed for redemption, 21st March, 1863; rate of interest, £10 per centum per annum, payable half-yearly on 21st days of September and March. Entered tho 21st day of March, 1862, at noon. W.B.T.A., Dep. Rcg.-Gencral.

Transfer No. 3090, dated the 23rd day of March, 1862, produced the 21th day of March, 1862, at noon, from the within-named William Robinson to John Morris, of Kapunda, blacksmith, of the northern moiety of tho within-described Section. Consideration money paid £200. Entered tho 21th day of March, 1862, at noon. W.B.T.A., Dep. Rcg.-Goneral.

This Certificate of Title is cancelled as regards the piece of land comprised in the above Transfer, for which a fresh Certificate of Titlo is issued. Vol. XXXI., Fol. 184. W.B.T.A., Dep. Rcg.-General.

1500

c

28

C.SOUTH [royal arms] AUSTRALIA.

Certificate of Title.Register Book, Vol. XXXI., Fol. 181

Pursuant to Memorandum of Transfer, No. 3090, dated tho twenty-third day of March, 1802, from William Robinson,

John Morris, of Kapunda, blacksmith, is now seised of an estate in fee simple, subject neTerthcless to such encumbrances, liens, and interests as are notified by memorial underwritten or endorsed hereon in That piece of la nd situated in the Hundred of Goolwa, County of Hind marsh, being portion of the Section numbered 1300 in the said Hundred, nnd bounded as appears in the plan in the margin hereof and therein colored green, which said piece of land contains forty acres or thereabouts, and measures as well on the north next Section 1500 as on the south next other part of tho said Section 1300 severally twenty- eight chains and forty lin ks or thereabouts, and as well on the east next a Government road as on the west next portion of Section 1299 severally fourteen chains and twenty links or thereabouts, which said Section 1300 is dolincatod in tho public innp of tho said Hundred, and was originally granted tho seventh day of July, 1861, under the Great Seal of the said Province to John Smith.

In witness whereof I have hereunto signed my name and affixed my seal this twenty-sixth day of March, One thousand eight hundred and sixty-two. R. R. T., (Seal)

Registrar-General.Signed in presence of H. P. ^D., *>

tho 26th day of March, 1862. )

150028*10

Pt. Sec. 1300 fe o

1299

Lease No. 3070, dated the 20th day of March, 1862, produced the same day at ten o'clock am., from the abovenamed William Robinson to Thomas Jones, of Adelaide, of tho above described land; term, 5 years; rent, £20 per annum, payable half- yearly on th« 20th days of September and March; rightof purchase at £2uo. Entered the 2uth day of March, 1862, at ten o'clock a.m.

W. IS. T. A., Dep. Reg.-Gen 1.Mortgage No. 3084, dated

tho 21st day of March, 1862, produced the same day, at noon, from the above- named William Robinson to James Smith, of Adelaide, grocer; principal

sura secured £160; date appointed for redemption, 2ist March, 1863; rate of interest, 10 per centum per annum, payable half-yearly on2lst days of September and March. Entered the 21st day of Maich, 1862, at noon.

W. Ik T. A., Dep. Rcg.-General.Transfer of the within Lease, No. 3070, by endorsement thereon dated

20th July, 1802, from Thomas Jones to John Cox, of Adelaide, baker. Entered the 20 th day of July, 1862, at noon.

W. B, T. A., Dep. Reg.-General.Surrender of the above Lease, 3070, by endorsement thereon dated the

24th July, 1862, from John Cox, the above transferer, to John Morris. Entered the 26th day of July, i8C2, at noon. „

W. B. T. A., Dep. Reg.-Gener&l.

29

0SOUTH [royal arms] AUSTRALIA.

Certificate of Title.Register Book, Vol. XXXI., Folio 200.

Pursuant to Memorandum of Transfer, No. 3102, dated the twenty-sixth day of March, 1862, from Charles Dunn,

William Smith, of Kapunda, farmer, is now seised of an estate in fee simple, subject, nevertheless, to such encumbrances, liens, and interests, os are notified by Memorial underwritten or endorsed hereon, in that piece of Land situated in the Hundred of Kuitpo, County of Adelaide, being tho western moiety of the Section numbered 3 in the said Hundred,and bounded, as appears in the plan in the margin hereof, and therein colored green, which said piece of Land contains forty Acres or thereabouts, and mea­sures as well on tho North, next part of Section 17, as on the South, next a Government Hoad, severally fourteen chains and twenty links or thereabouts; and as well on the East, next other part of tho said Section, as on the West side thereof, next Section 19, severally twonty-oight chains and forty links or thereabout a; which said Section 3 is delineated in tho Public Map of tho said Hundred deposited in tho office of the Surveyor, and was originally granted the thirtieth day of March, 1840, under the hand and seal of George Gawler, Esq., formerly Governor of the said Provinco, to E. F.

In witness whereof I have hereunto signed my name and affixed my seal this twenty-eighth day of March, one thousand •eight hundred and sixty-two.

R. R. T., (Seal)Registrar-General.

Signed in the presence of H. P. D., the 26tn day of March, 1862.

17

Part Sec. 8

Encumbrance No. 3010, dated the 12th day of February, 1862. Pro­duced the same day, at 10 o’clock, a.m., from the above named Charles Dunn, to secure to Mary Dunn, his wife, and Anne Dunn, his daughter, respectively, an annuity of £100 as therein mentioned.

Entered the 12th day of February, 1862, at 10 o’clock a.m.

W.B.T.A., Dep. Reg. GenL

o 3

4 7

30

SOUTH [royal arms] AUSTRALIA.Land Grant.

Register Book, VoL XXXII., Folio 15.Know all men by tlieso presents that Sir Richard Graves

Mac Donnell, Knight, Companion of the Most Honorable Order of tho Bath, Captain-General and Govomor-in-Chiof of tho Pro- vincoof South Australia, in consideration of tho sumofono hun­dred and fifty pounds sterling to tho Treasurer on behalf of Her Majesty paid by Peter Jones, of Macclesfield, farmer, doth this thirteenth day of June, in the year of our Lord ono thousand eight hundred and sixty-two, hereby in tho name and on behalf of llcr Majesty, grant unto the said Potor Jonos all that Section of Land containing eighty Acres, bo the samo a little more or loss, and numbered 11100 in tho Hundred of Hanson, County of Stanley, mid delineated in tho Public? Maps deposited in the Survey Office at Adelaide, and in tho plan in tho margin hereof, together with all timber, minerals, and appurtenances, to hold unto tho said Peter Jones, his heirs and assigns, for ever.

Stamped with a copy of tho Great Seal of tho said Province, which stamp hath been duly authorized for that purposo by tho said Sir Richard Graves MaeDonnoll, according to tho pro­visions contamod in tho Land Grants Act. As witness tho hands of the Troasuror and ltegistrar-Gcnoral, tho day and year aforesaid.

W.B.T.A., Dep. Reg. Gcnl.I acknowledge to have recoivod from

tho above mentioned Peter Jones tho bo- fore mentioned sum of ono hundred and fifty pounds.

E.W.II., Under Treasurer.Witness—W.M.F.

T. R., Treasurer.R. It. T., Registrar-General.

1300

Transfer No. 3200, dated tho 19th day of September, 1862. Produced tho 20th day of Sep­tember, 1862, at noon, from tho above named Peter Jones, grant­ing to John Smith and all others, owners or occupiers of Section 1301 in tho said Hundred, a right of way to a Weil situatod on tho said Section 1300.

Entered the 20th day of Sep­tember, 1862, at noon.

31

SOUTH [roval arms] AUSTRALIA.Land Grant.

Register Book, Vol. XXXII., Folio 1G.Know nil men by these presents that Sir Richard Graves

MaeDonnell, Knight, Companion of tho Most Honorable Order of the Bath, Captain-General and Governor-in-Chief of the Province of South Australia, in consideration of the sum of eighty pounds five shillings sterling, to tho Treasurer on behalf of Her Majesty paid by John Smith, of Adelaide, gentleman, doth this thirteenth day of Juno, in the year of our Lord ono thousand eight hundred and eixty-two, hereby in tho name and on behalf of Her Majesty, grant unto tho said John Smith all that Section of Land containing eighty Acres, be the same a little more or less, and numbered 1815, in the Hundred of Hanson, County of Stanley, and delineated in tho Fublio Maps deposited in the Survey Ottloo at Adelaide, and in tho plan m the margin hereof, together with all timber, minerals, and appur­tenances, to hold unto tho oaid John Smith, his hoirs and nBsigns, for evor.

Stamped with a copy of tho Great Seal of tho said Province, which stamp hath boon duly authorized for that purposo by tho said Sir Richard Graves Maedonncll, according to the pro­visions continued in the Land Grants Act. As witness the hands of tho Treasurer and Registrar-General the day and year aforesaid.

T. R., Treasurer.R. R. T., Registrar-General

+

1301

«

Transfer 3200, dated the 19th day of September, 1802. Pro­duced tho 20th day of Septem­ber, 1S62, at noon, from Peter Jones, the registered proprietor of Section 1300 in tho said Hun­dred, granting to tho above named John Smith and all others, the owners and occupiers of said Section 1301, a right of way to a Well situated on the said Section 1300. Entered the 10th day of September, 18G2,

Jones, the registered proprii of Section 1300 in tho said II

at noon.W.B.T.A., Hep. Reg.-GonL

I acknowledge to liavo received from the above mentioned John Smith tho before montioned sum of eighty pounds iivo shillings.

E. W. II., Under Treasurer.Witnoss—W.T.M.F.

32

INFORMATION FOR PERSONS DESIROUS TO AVAIL TIIEMSELVES OF THE PRO­VISIONS OF THE ACT.

CIRCULAR LETTER No. 1.INSTRUCTIONS FOR GUIDANCE IN BRINGING

LAND UNDER TI1E ACT.1. Applications should bo clearly and grammatically ex­

pressed, and written in a plain legible hand. No application on which an erasure is detected will be received, but mistakes may be corrected by scoring the pen through tho words written in error, ana writing the correct words over them. The number of words scored out or interlined must be stated in tho margin, or at foot of the application, and signed by the applicant.

2. By tho 107th section of tho Real Property Act of 1881 tho Registrar-General Is prohibited from receiving any application to bring land under tho provisions of that Act unless it be endorsed with n ccrtlilcnto tliat the same is correct for the purposes of that Act, signed by tho applicant proprietor, or by his solicitor, or by a licensed sworn broker employed by him.

3. The same section subjects to a penalty not exceeding £50 any person who shall falsely or negligently certiiy to tho correctness of any application; and persona transacting business are cautioned that this penalty will be enforced, more especially in caso of misdescription of land or boun­daries.

4. Any person may bring under tho provisions of the Real Property Act land of which he is tho proprietor in fed or for a life estate.

5. 11 the land be vested in the applicant as a trustee only, and tho trust deed does not contain powers of sale and absolute disposal, all persons beneficially entitled must concur in the application; but if the trust deed Tests in tho trustees power of sale and absolute disposal, such consent Is not necesesary. The trustees or the party transferring the property to be held in trust may, at the time of making the application, or subsequently, require tho words “no sur­vivorship n to bo entered on the certificate of title: tho eiTect of which will be, that, in the event of the death, resignation, or incapacity of any trustee, the remaining trustees cannot, without the express sanction of the Supremo Court, dispose of. or deal with the property until the original numbers of trustees Is made up In manner prescribed in tho 85th section of the Act; caveat may also be lodged by the party conveying, or by any trustee or beneficiary forbidding any dealing by the trustees until after the lapse of twenty- one days irom tho serving of notice of the intended dealing upon the person, and at the address named in such caveat.

6. When application is made on behalf ofa person entitled to a life estate, all persons entitled in reversion or re­mainder must concur In the application; and such concur- Ing parties may, upon their applying, each for himself, bo registered as reversioner or remainderman, as the will, settle­ment, or other deeds and evidence may prove him to be in­ti tied. An extra lee of 10a. has to be paid in the cases last referred to.

7. if the applicant bo a married woman, her husband must consent in the application.

8. The father or guardian of a minor, or tho committee of

33

a lunatic, may apply to bring land under the Act in the name of such minor or lunatic.

9. If the land be mortgaged, the mortgagee must consent In the application. The amount of the mortgage, the date when payable, the rate of interest, the dates on which the same Is payable, must also be stated, together with the name, residence, and trade or calling of the mortgagee, and the data Oi the moitgage.

10. If the land be under lease, the term for which it is leased, the amount of rent, the dates when payable, and the name, residence, and description of the lessee, mast be stated ; and if there be a covenant to purchase, or right of purchase be covenanted, the fact must be stated, with the amount of purchase-money, and the period within which the covenant is to bo fulfilled or tho privilege exercised.

11. Should there be any encumbrance or settlement, or outstanding estate or interest affecting the land, the same must be stated, with full particulars as in the case of mort­gaged land.

12. When the land mentioned in the application consists of an entire section or allotment, os delineated in an original land grant, a diagram must be furnished from the Land OHlce at the cost of the applicant; and in cases whero diagrams aro refused by tho Land Office, a map of the {Section must be furnished on the scale prescribed In the 103rd section of the Act,and declared to by a licensed surveyor before the Itecistrar or a Justice of the reaoe.

13. When the application is in respect to part only of an original Government Section, a plan must be furnished by a licensed surveyor, and declared to in like manner. This rule may be relaxed when it is shown that the deeds surrendered, or a deposited map, contains an accurate description of the land; it mnst, however, be observed, that this seldom is the case.

14. Every map or plan must show the space intervening between some fixed point (as a Government road or reserve), and the point at which the land referred to in the application commences.

15. Tho application must state-First, the name and address of the proprietor. Second—the nature of the estate held by him In the land. Third—where the land Is situated. Fourth—the area in acres, roods, and perches. Fifth—the rights of way, easements, or privileges, attaching to the land, or enjoyed over It by parties other than the applicant. Sixth—the boundaries. Seventh—the value, including buildings and permanent impiovements. Eighth—the date of the original grant, and the name of the Governor who signed it. Ninth—the number of the original section upon the public maps. Tenth—the particulars of all leases, mort­gages, encumbrances, liens, or other interests affecting the estate of the applicant. Eleventh—the name and address of the person in occupation, if any; and whether such occupa­tion is adverse to the applicant or otherwise. Twelfth— the names and addresses of owners and occupiers of the contiguous laud, so far as known to the applicant Thirteenth—that the deeds or instruments in tho list at feot of the application are all that are in the custody, or under the control of the applicant affecting the land.

16. When tho land is mortgaged, and It is desired to dis­charge the mortgage at the^time of bringing the land under the Act a deed of reconveyance will not be required, os a discharge endorsed on the mortgage In the following words will sufUce—“ Keceived from the within-named A. B. the sum of £ , in full discharge of all principal moneysand interest scoured by tho within mortgage.

Witness—G. 11.M •• Mortgagee.'*

17. Whenever money has been advanced, in contemplation of a mortgage to be executed so soon ns the land Is under the operation of the Act, the circumstances should ho stated at the foot of the application; in which ease ihodeeds debited by the applicant will be hold as an equitable security for tho Intending morgegee, to whom they will be delivered in tho event of tho title being ? ejected by the Lands Titles ComJ missionera; and, if the title be approved, the certificate ot til to; will he retained in the office until the mortgage la registered mid entered thereon.

is. The consent ot parties, when required, must be signified by the words •• I consent thereto** signed and attested.

10. The applicant may,at the time of making application, or at any time pi lor to the ihite appointed by tne Lands Titles Commiftioners for the land to brought, under the Act, by writing under his hand, attested by a witness, direct the ltegi it car-General to is»uc the certificate of title in the name of a purchaser or other poison to whom he may desire to transfer the land.

20. All grants, conveyances, or other instrument a affecting’ the property, lu the possession of the applicant or under hi* control, must he deposited with the Uegistrar-General, together.with the application.

21. When the title consists of a land "rant only, the Appli­cation fees nre 7s. W hen the title la other tlmn u land grunt* and tho value of the property does not exceed .Cum. the application lees arc 10s. If the value exceeds Xion, hut does not exceed .{ftoo, the application fees are 15s. ff the value exceeds X20«, but docs not exceed £300, the application fees are 20s. If the value exceeds .£30 , the fees arc 25s. The fee lor certiilcato of title in every instance is XI. Thcso fees, with Jd. In the Xl sterling on the value, aa contribu­tion to the assurance fund, must be paid at tho time of making application, when tho title la other than a land grant. The charges for advertising must also he advanced ; this, in ordinary eases, amounts to 203.—bn*, whenever notice is required to be served personally, or advertisement made in places beyond the limits of tho Colony, a special charge will be made to cover the expense.

22. The assurance-fee charged on the first bringing ot land under the Act guarantees all subsequent dealings with the same land by sale, lease, mortgage, encumbrance, or settlement, and is not again charged until the land becomes transmitted by will or intestacy.

23. Any number of properties in land wherever situated within the colony, if belonging to the same proprietor, may l>e included In one application ; but separate certllicates of title must betaken out for sections or allotments situated so far apart that they cannot conveniently bo included in the same diagram.

21. hand included in ono original grant, or treated as ono property in any deeds of title surrendered, may, at the dcsiro of the applicant proprietor, he divided Into two or more pro­perties, each under a separate certificate of title.

25. hands represented under several surrendered grants or deeds of title as separate properties, may, at the desire of the proprietor, be included together in one certificate of title whenever the lands are so situated as to admit of being included iu the same diagram.

EXAMPLES.APPLICATION TO Bill NO I,AND UNDER THE ACT BY

TRUSTEES.

Wq% A. It., O. I)., anti E. I‘\, of Adelaide, do declare that wo are seised of au estate of freehold as.

35

trustees in nil that piece of land situated in the Hundred Kuitpo, containing 7ft acres, be the same a little more or lens, as delineated nnd particularly described in the diagram hereto annexed, which piece of land i* ot the value ot .£500 and no more, and is portion of Preliminary Section No. 90. in tno said Hundred, ori­ginally granted to L. M.. by grant, under the hand and seal of George Gawler, formerly Governor of tho rroviiico of South Australia. dtill'd the 7th of Mny, 1840, and delineated In the public maps of the said province, de­posited in the Survey <MIlci\ Adelaide, nnd wc further deci.u e that we arc not aware of any mortgage, encumbrance, or claim affecting the said land, or that any person hath any claim, estate, or interest la tho said land, at law or In etpiiiy. In possession or in expectancy other thnu is set forth uud atntcd ns follows-That is to say, that P. A., and N. II . for whose benefit we hold the property in trust, are equitably entitled to the Mild land, or to the proceeds thereof, under the will of the lute J. It., and we further declare there is no person in possession ot the land, and that the same Is unoccupied, and that V. L. Is owner and occupier of Sections 89 and 160, contiguous to tho said piece of laud on the north und west sides, and that li. Q is owner and occupier of the 65-acro block, being the eastern portion ot the said Sect ion tm, nnd that there are no deeds or iiiHtruiiieiils of til to uilYicthig I bo said piece of laud In our possession or under our control oilier than those enumerated on the schedule hereto, and we make this solemn declara­tion, conscientiously believing tho same to be true.

A. II.C. D.K. F.

Dated at Adelaide, this seventh day ol January. 1862.Made and subscribed by the above-named A. 15, O. D.,

und K. F., this seventh day of January, In tho presenoo of me. It 1., Registrar-General.

We, the undcMrtlgued, apply to have the piece of land described in tho above declaration brought under the provi­sions of tho Peril Property Art, nnd certificate of title issued to us a* joint tenants with no survivorship, dated lIds seventh day of January, 1862. A. 15.

CD. E. F.

Witness to signature—It. T., Registrar-General.We conscut hereto— P. A.

N. 15.Appeared before me at Robe Town, the first dav of

February, 1862, P. A.,and N. 15., the parties signing as above, who are of full a<e and well known to me, and did freely and voluntarily sign the same. S. L., J.P.

SCHEDULE REFERRED TO.Grant of Section 80, Hundred of Kuitpo, G. Gawler to

L. M.a seventh May, l84o.Conveyance, L. M. toJ. It, tenth August, 1843.Correct for purposes of thu Real Property Act.

A. B.C. D.E. F.

MEMO. BT SOLICITORS TO LANli TITLES COMMISSIONERS. Conveyance of 65 acres, eastern portion of the above

Section, J. Jt to II. Q. Enrolled. Book 71, No. 765.Probate of will of J. U., eluposited, No. 130, 30-2-62.

W. B., II. G.

53

3G

APPLICATION TO BRING UNDER THE ACT LAND SUBJECT TO LEA8B AND UNDEU CONTRACT TO MORTGAGE.

I, A. II., of Clare, do declare that I nm seised of an cstato ot lreehold of Inheritance In nit that piece of land, being Section No. 7, In the Hundred of Adelaide, containing eighty acres, be the same a little more or less, with right of way with horses, carriages, and cuttle over the private road across Section 9, in the said Hundred, leading to the spring in the north-east angle thereof, and privilege to draw ana remove water theref rom, and to water great and small cattle which piece of laud is of tho value of £900, and no more* and was originally granted to C. D. by grant, under the hand and seal of George Gawler, formerly Governor of the rtovlnccof South Australia, dated the 10th day of De­cember, 1810, aa delineated on the public maps of the said Province, deposited in the Survey Office, Adelaide; and further, that 1 am seised of a like estate in all that piece of and, situated in the Hundred of Clare, containing three acres, be the same a little more or less, whioh piece of land is of tlie value of £s0, and no more, and is Lot 13 of the Township of Trim, and is a rightaugled parallelogram- bounded on the south, by the main road through the said towiiflh p, 210 feet; on the north, by Lot 21 of tho said township, 210 fe«*t; on the east, by Lot 12; and on the west, by lot u of the said township—on each side respectively €30 feet, tho south-cust angle of tho said Lot 13 being distant :i n feet f rom the intersection of tho District Road to the Hurra with the main road Aforesaid, the said allotment Is delineated In tho map of Trim, deposited in tho General Registry Oilioo, nnd is part of country Section No. 99, in the Hundred of Clare, originally granted to K. F., by grant under the hand and Seal of George Grey, formerly Qovernor of the said Province, dated tho I8lh day of October, 1S42, delineated In the public tnap of tho Province, deposited In tho Survey Office, Adclaluo; and 1 do further declare, that I am not aware of any mortgage, encumbrance, or claim affecting the said land, or that any person hath any claim, estate, or Interest therein at law or In equity, in possession or expectancy, other than la set forth, and stilted, as follows, that is to say—That the said allotment No. 13 Is leased to F. II. for the term of seven years,, at the yearly rent of £10 per annum, with right of purchase within the said term for the sum of £100; and tlrnt I have contracted with 1L L. to execute to him a mortgage of the said Section No. 7 lor the sura of £5oo, the receipt of which sum I hereby acknowledge, agreeing that the deeds enumerated in the Schedule hereto, relating to the said section, shall be held for the said K. L, to secure to hjru tbe repayment of the said sum of £500, until such time as the said land shall be brought under the provisions oi the Real Properly Act, aud then that the certificate of title for the said section shall be held in like manner as security for the said IC. L. until I shall have executed a memorandum of mortgage of the said section to him lor the said sura of £500. A ml I further declare, that there is no person in possession or occupation of the said lands adversely to my cstato or Interest therein ; and that the said Allotment 13, in the Township of Trim, is in the occupation of K. H. aforesaid, nnd that the said Section No.7 is in my own occupation, that It S. and M. N. arc in occu­pation of Lots 12 and 21, adjoining Lot 13 of the Township of Trim, and I am not aware, find have failed after diligent inquiry, to discover, who is the owner of Lot U of the said township, which is unoccupied; that U. S. lain occupation as owner of Sections G and 3, contiguous to Section 7 aforo- € aid on the north and west side's, and that Section 8, oon-

37

tignous thereto on the east side, has never, so Tar as T am aware, been alienated from the Crown. And I further declare that there are no deeds or instruments of title affectin'? the said section or the said allotment of land in my possession or under my control, other than those enumerated in the Schedule hereto: and I make this solemn declaration conscientiously believing the same to be true. %

Dated at Clare, this 7th day of January, 1362.Made and subscribed by the abavenamed A. B., in the pre­

sence of me—Z. Y„ J.P.

I. A. B., the above declarant, do apply to have the land described in the above declaration brought under the provi­sions of the Beal Property Act.

Dated at Clare, tills loth day of January, 1862.(Signed) A. B.

Witness to signature—F. E. Aioher, Licensed Land Broker.

SCHEDULE REFERRED TO.Grant to C. p. of Section 7, Hundred of Adelaide; con­

veyance of same, July 13, Ih52, C. D. to A. B.Conveyance Lot 13, Township of Trim, K. F. to A. B..

10th May, lH(;o.Correct for the purposes of tho Heal Property Act.

F. K. Archer, I«an<! Broker.

MEMORANDUM SUBSEQUENTLY ANNEXED.I have received the purcluse money agreed on for Lot 11,

in the township of Trim* and therefore request that the certificate of title for the same may be issued to G, II., de­scribed in my application of the 10th ultimo as tenant in occupation ot the same.

Dated at Clare, this 3rd day ot February, 1*62.Witness my band—A. B.

Witness to signature—F. E. Archer, Land Broker.

MEMO. BY SOLICITORS, LANDS TITLES OFFICE.Grant Section no. Hundred Clare, G. Giey to E. F.,

18-10-62. Deposited, No. 720.W. B.H. G.

APPLICATION TO nniNO LAND UNDER THE ACT BY JOINTTENANTS OR TENANTS IN OOMMON DEilRINQ TO MAKEPARTITION.We, A. B. and C. D„ of Woodside. do dec^re that we are

seised of an cBtateln fee simple, as Joint tenants, in oil that section of land No. 3, situated in the Hundred of Kuitpo, containing eighty acres, be the same a little more or less, which piece ot land is of the value of £300 and no more, and was originally granted to E. F, under the hand and seal of George Gawler, formerly Governor of this Province ot South Australia, dated the 30th day of March, 1840, as delineated in the public map of the said Hundred, deposited in tho offlcc of the Surveyor-General, Adelaide: and we turther declare that we are not aware of any mortgage, encumbranco or claim affecting tho Mid laud, or that any person Imi any claim, estate, or interest therein, at law or in equity, in possesion or in expectancy, and tiiat there is no person In possession of the said land adversely to our Interest and that the said land is In our occupation, and that It S. is iq occupation of Sections 19 and 17, adjacent to the said land on the north and west Hides, the said land being bounded by district roads on tho south and cast sides, and that (hero arc no deeds or instruments of title affecting tho said

r: nvJ

ashind other than Hie grant thereof to us; nnd we make thin poteinn declaration, conscientiously believing the same to be true.

A. R.C. D.

Dato! atLobcthal this 10th day of January, 18G\Made mid subscribed by the above-named A. B. and C. D.

this n th day ot January, 1802, in the presence of ine—F. E.11. \V. Krichoff, J.P.

Wo. the undersigned, apply to have the piece of land dc- prrihod in the above declaration brought under the provisions ot the Real Property Act; and (list certificate ot' title for the eastern moiety thereof, ns delineated ami docribed III the diagram at foot hereof, and therein colored green, he Issued to A. U.; and that certificate ot ’title lor the western moiety theieof, us delineate * and described in ths said diagram, and therein colored pink, be issued to C. D.

(Signed) A. B.C. D.

Signed in my presence this 10th day of January, 18S2— F. 10. II. W. Kricnofl’, Licensed L*nd Broker.

Comet lor the purposes ot t'n* Real Property Act—F. E. 11. W. Krichull', Licensed Land Broker.

C1UCULAU LKTTEIl No. 2.

INSTRUCTIONS FOR CONDUCTING TRANSFERSAND OI1IER DEALINGS WITH LAND. APPLl-CABLE TO INSTRUMENTS GENERALLY.The prescribed forms of memorandum of transfer, lease,

jmu t jage, &c., &c , &e.. may be procured at the Lands Titles Ollier, or will Ik.* forwarded through the Post-Office to any address, upon receipt of one shilling, in postage-fit amps ; these instruments, when filled up, executed, and attested in manner hereinafter described, and in duplicate, may be pre­sented at the Lands Titles Office by tho party claiming theieiindei, or forwaidcd by him through the Fost-OHiee, addneaed to the Registrar-General, or presented for regis­tration bv his Solicitor, or by a licensed Land Broker, em­ployed by him. In either case, tho words “Correct for tho purpose of registration,” signed by the party presenting the instrument, must be endorsed thereon.

•2. The until section ot the Real Property Act subjects to u penalty of fitly pounds any person who shall falsely or careks.dy sign Mich certificate. Persona transacting busi­ness ore cauliomd that this penalty will he enforced, es­pecially in cases of misdescription of boundaries.

3. The fees for each case prescribed must bo paid at tho time of forwarding or presenting the instrument

4. No instrument on which an erasure is detected will be received for registration. Mistakes may be corrected by scoring the pen through the words written tn error, nud writing the correct words over them; in every such ense a memorandum of the number of words scored out and inter­lined mnst be made at foot of the instrument, signed by tho party executing the same aud by the atteatlng witness.

r». Every iitMirument aflecting any estate or interest In land under the Reul Property Act must be signed by the registered proprietor who contrucls to deal with that estate or inteiest. The signature must bn attested by one witness, and it is desirable that witness should bo a resident house­holder.

6. If the contracting proprietor docs not attend personally at the Registry Office and cxcute tho instrument hi presence

39

of the Registrar-General, then tho execution must be attest oil by a legal pi actH inner, or by ft license*) hind broker, or else the contracting proprietor, or tho person who attested his signature must acknowledge or prove the execu­tion of the instrument, before a Justice of the Pence, or Com­missioner for taking affidavits, who will notify such acknow­ledgment. or proof by a eertllicnto to that effect, tinder his hand and seal, endorsed upon the instrument In form N or O of the Pea) Property Act.

7. Before granting such certificate, the Justice will re­quire tile contracting proprietor, if he attend and is per­sonally known to In in, to acknowledge that ‘ lie did lively and voluntarily sign such instrument;** but if the con­tracting proprietor does not attend, or Is not known to such Justice, the witness who attested the signature will be required to answer the following questions on oath, or under statutory declaration “Are you tfie witness who attested the signing of this instrument; and is the nano or mark, purporting to be your name or rnnrk as such attesting witness, your own handwriting?*’ 411.H> you per­sonally Know A. 11., tho person signing this instrument, und whose signature you attested?” **ls hoof sound iniud and of full age, and did ho fiecly and voluntarily sign tho Bumc ?**

H. The acknowledgment or proof of execution of Instru­ments limy occasionally lx* dhpcti.-cd with, when signatures of the paity executing und of tho attesting witness ure both kuown to the Registrar.

9. When instrument* nirocting land under the Real Frojierty Act arc executed at places without the limit of the colony, the execution must be acknowledged or proved in manner above-described. It in Great Britain or Ireland, then before the Mayor or Chief Officer of a Corporation, or before a Notary Public. If in a British possession, then before a Judge of any superior Court; or before the Governor, Government Resident, or Chief Secretary. If iu a foreign place, then before the British Consular Olficcr.

10. When the property to be dealt with comptiaea tho entire of the lands included under any existing grant or grants, c rtificate or certificates, lease, mortgage, or encum­brance, or comprises the entire of unv allotment or allot­ments in any township, the plan oi which has been depo­sited In terms of tho Real Property Act,-a reference to such grants, certificates, or plan for the description of the pro­perty, will suffice, nnd a diagram will not bo required. \Vben the pro(K>rty to be dealt with comprises part only of the lauds included in any such grant, or certificate, or allot­ment, the portion to be dealt with must be minutely dcscriU d and deliucahHi in a diagram, accurately drawn to scale on 1 he margin of the instrument, or annexed thereto, certified by decimation of licensed surveyor ; which decla­ration must be made before the Registrar-General, Justice of the Peace, or Commissioner for taking affidavits.

11. The diagram is occasionally dispensed with if tho description given be suifieient to enable the draftsman ol tho department to delineate the subdivision, with the aid of ft deposited plan, or of' the dingraui on tho existing grant or certificate oi Li tie. or otlur Instrument.

12. Whenever the land to be dealt with Is vested In ft married woman, the acknowledgment of such married woman must bo taken before a Judge, or before the .daster of the Supreme Court, or beforo the Registrar-General.

13. Whenever the concurrence of any person interested Is required to give validity to any transaction, such concur­rence may bo signified by the words 44 1 consent hereto** written ou the instrument and signed by .luoti person ; the

40

signature must be witnessed and the execution acknow­ledged or proved In manner hereinbefore described.

14. The counterpart of ewry instrument registered, bear­ing a eertlllcate that the particulars thereof have been en­tered In the register-book, authenticated by the hand and seal of tho Registrar-General, will be returned to the party who has acquired estate or interest thereby.

15. Entry in the register-book is the essential wh?ch gives validity to transactions; and the ccrtillcate and seal of the Registrar-General render the instrument evidence to prove title in any Court of Justice.

INSTRUCTIONS FOR TRANSFER OF ESTATE OR INTEREST.

is. When land is intended to bo transferred in fee, the proprietor fills up memorandum of transfer form D, statingthe amount o! purchase money, and describing rights of wav or other casements or privileges, If any, reserved by such proprietor , also rights of way or other casements, if any.i maw iinu’ o vi nu/ VWlfcl uwcwtuw, t* uu/.

over other lands under the provisions of the Act, intended to be attached to and exercised in coi\)unctlon with the proprietorship of tiio land intended to bo transferred.

17. II the land be under lease, the name, residence, and description ot the tenant; the term of the lease, the amount of rent, and any material covenants, such as right of pur­chase, should be stated.

18. Iftholmd be raorgaged or encumbered, the amount secured, the date when payable, the rate of interest, and other particulars, with the name, residence, and description of the mortgagee or encumbrance should be stated; but if the land be settled, and the vendor acts in the capacity of trustee only, that circumstance need not be stated, as the purchaser has no occasion to look to the appropriation of the purchase money.

ID. When the intention is to vest the land 1q trustees, the words “No survivorship” may be introduced into the me­morandum ot transfer, os shown in the example No. 7. The effect of which will be that in the event of the death, in­capacity, or resignation of any trustee, the remaining trustees will be barred from dealing with the property until the ori­ginal number of trustees is made up with the sanction of the supreme Court, in maunei prescribed in the G8th section of the Real Troperty Act, or unless theconseut of the Supreme Court be obtained specially for the proposed dealing.

20. Upon the registration of any memorandum of transfer vesting land in trustees a duplicate or attested copy of the deed of settlement, or other instrument declaratory of the trusts executed by the trustees, may be deposited in the Registry Oifice for safe custody ana reference, and caveat may be lodged by the settlor, or by the trustees, or by any person beneficially entitled under the settlement prohibiting any dealing with the land either absolutely or until twenty- one days* notice of the intended dealing has been given to the caveator, hts solicitor, or agent, as may be directed in the caveat. (See sections 68 to 68 and 81 to 84.)

21. The registered proprietor may also settle his estate without the instrumentality of trustees by executing a transfer of the reversion reducing his own interest to that of tenant tor life, or he may in like manner transfer the life estate to one person with reversion and remainder to otheie in succession as he may appoint. (See example No. 8.)

22. The existing grant or certificate of title must be depo­sited in the Registry Oifice, together with thu memorandum of transfer.

23. When the fee simple is transfered, a certificate of title will be made out and delivered to the trausferrec in exchange

58

41

for the memorandum of transfer, and when the fee of part only of the land included under an existing grant or certificate of title la transferred, a certificate for tne balanoe of such land will be given to the proprietor, and the previous certificate will be cancelled, or, at the desire of the proprietor, the existing grant or certificate will be cancelled, so far only as regards the portion of land transferred, and the lssuo of certificate for the balance postponed in anticipation of future sales. The deposited grant *r certificate will, in such case, be retained in the Lands Titles Office.

24. Properties represented by several grants or certificates of title may be aealt with under one memorandum of transfer to the same purchaser, who may exercise his discre­tion as to whether the lands shall be included in one certifi­cate or divided into separate properties, each represented by a separate certificate; subject, however, to the existing regulations in respect to plans and diagrams.

25. When land is intended to be offered for sale as a town­ship, the proprietor is required to deposit in the Lands Titles Office & plan of the township, certified by a declaration of a licensed surveyor In manner hereinbefore described, and in this the allotments, streets, squares, and other reserves, for public purposes must bo distinctly delineated, and the allot­ments numbered.

20. It the allotments be of an area not exoeedlng ono statuto acre, then the plan must bo on a scale of not less than one inch to two chains. If tho allotments be oi an area exceeding one acre, but not exoccdlng live acres, then the plan may be on a scale of not less than one Inch to five chains. If the allotments be of a greater area than five acres, then the plan must be on a scale of not less than one inch to ten chains. The above is the minimum scale for plans deported; but a larger scale, as affording facility for marking off future sub-divisions, is recommended for adop­tion whenever the township is of suoh moderate extent as may admit of it without iuconvenience.

27. The proprietor, before proceeding to sale, should de­posit the grant or certificate of title to the lands comprised In the township, takings receipt for the same; he should also provide himself with forms of memorandum of transfer to bo filled in and executed in favor of each purchaser as sales are effected.

28. Whenever it is Intended to oonfer a right of way or other easement or privilege without the fee or the land, the memorandum of transfer may be modified so as to express clearly the nature of the easement or» privilege intended to be conferred. In such cases the certificate will bo returned to the proprietor of the fee, bearing a memorandum under the hand of the Registrar-General certifying the registra­tion of the transfer of the right of way or other easement, and the duplicate memorandums of transfer will be returned to the transferee with certificate of registration endorsed thereon under the hand and seal of the Registrar-General. A memorial of the easement granted will also be entered on the folium of the register l»ook constituted by the grant or certificate of title of the land to which it attaches and on the duplicate thereof In the hands of the proprietor.

29. Mortgages, encumbrances, and leases may be trans­ferred by a simple endorsement of the words following•• 1, the within mentioned , in consideration ofthe sum of £ this day paid to me, by ,the receipt of which I do hereby acknowledge, do hereby tiansfer to him tho estate or interest in respect to which 1 am registered as proprietor, as set forth and dcsoribed in the within written security, together with all my rights, powers, estate, and interest therein. In witness whereof I

R o^ sj

42

have hereunto subscribed my name, this day of18 The trausferree will also eign as

accept log.30. The surrender of a lease Is effected by endorsing the

ainglo word—"Surrendered," signed by the lessor and lessee. Signatures to endorsements of transfer, or sur­render, In such cases must be attested as directed la the former part of this letter.

31. The instrument should then bo presented at, or for­warded to, the Lands Titles Office, that the particulars of the endorsement may be entered In the register book, and the ccrtllicate and seal of registration affixed, which gives validity to the transaction.

32. Before paying the purchase money the purchasers should have the existing grant, certificate, or other instru­ment representing the title to tho estate or interest which they purchase delivered up, or should satisfy themselves that it lias been already deposited in tho Lands Titles Office.

33. I rudent persons will also take the precaution of making search, lest any caveat should bo lodged forbidding the UogUtrar-tieneral to give effect to tho transfer.

at. Tho register book may be searched by the party Interested, or by any person on his behalf, or a certificate of search exhibiting tho state of tho title will be forwarded by the Kcgirtintr (General to any party applying through tho post; the fee, in cither case, is two shillings for each title ecu relied, ii the volume and folium of the register book where tlu* history of the title is recorded be given; this information may rendllv be obtained from the vendor, ai every instrument issued from the Lauda Titles Office bears upon it a memorandum referring to the volume and folio of the register book. If the reference be not given, the fee is as for general search, live shillings.

35. Tho fee* are—for meinorunuuni of transfer ten shillings ; for certificate of title, one pound ; for registering transfer of mortgage, or of encumbrance, or lease, or surrender of lease by endorsement, five shillings, and must be paid at the time when the memorandum of transfer ia presented or for­warded for registration.

36. Examples are annexed, exhibiting the mode of filling in forms of transfer under different circumstance.

1L it TOItltENS, Uegistrar-GencraL

EXAMPLES.WHERE LAND TRANSFERRED IS THE WHOLE OP A SECTION

OP LAND INCLUDED IN CEUT1FICATJS OP TITLE.(1> i.) [South Australia.

Memorandum of Transfer.1, John Smith, of Adelaide, carpenter, being registered as

proprietor of an estate in fee simple in all that section of land, situate iu the Hundred ot Goohva, County Iliudtnarsh, con­taining eighty acres, be the samo littlo more or less, and numbered I3«»u, bounded a3 ajipears in plan drawn in margin of certificate of title, vol 11., folio 51, in consideration of the sum of.C'Juo paid to mo by William Bobinson, of Adelaide, aforesaid, bricklayer, the receipt of which euin I hereby acknowledge, do hereby transfer to the said William Itobin- boii all my estate and interest in tlm said pieco of land. Iu wit mss whereof I have hereunto subscribed my name, this twenty-second day of January, 1802.

John Smith.Signed on the day above-named by the said John Smith,

iu the presence of W. Wadliain, Land Broker.fENDORSEMENT TO THE AROYC.]

Poriect for the purposes of the Beal Property Act—\7. Wadham,.Land Broker.

GO

43

WHERE LAND TRANSFERRED IS PORTION OP A SECTION OF LAND INCLUDED IN CERTIFICATE OF TITLE.

[D 2.) [South Australia.MEMORANDUM OF TRANSFER.

1. John Smith, of Port MacDonnci), carpenter, being registered os proprietor of mi cstato in feo slmplo in ull that pleco or pared ot land situate In the lluudrcd of Goolwa, County of llindmarsti, containing fifteen acres, bo the same little more or leas, being tho northern portion of tlio Sec­tion of land No. 1300, included iu certificate of title vol. X.# fol. 30, in s.iid Hundred, and bounded as appears In plan drawu in margin hereof, which said piece ot land measures ou the north and south sides thereof severally 300 links; and on tho cast end west sides thereof severally 100 links, in consideration of the sum of £85 paid to me by William Robinson, of Adelaide, aforesaid, bricklayer, tho receipt of which sum I hereby acknowledge, do hereby transfer to the said William Robinson all my cstato and in­terest in the said piece of land. In witness whereof I have hereunto subscribed uiy name, this twenty-second day of January, 18C2.

John Smith.Signed on tho day abovc-name l by the said John Smith

in the prctieucu of Thomas Ih owno.[Endorsement to tho above.}

Correct for the purposes oi tho Real Property Act—William Uobiusou.

Appeared before mo. at Muunt Gambler, the seventh day of February, 1862, Thomas Rrowne, of MooDonnell Ray, a person known to me, apd of good repute, attesting witness to this Instrument, and nckno vledged his signature to tho the same; and did further declaro that John Smith, tho party executing the sumo, was personally known to lilin tho suid I'hoH. Rrowne, and that the signature to this said in­strument if in the handwriting of tho said John Smith.

W. L., J.P.

WIlEIUfi LAND IS TRANSFERRED 8UDJECT TO A LEASE AND MORTGAGE.

(D 3.) [South Australia.MEMORANDUM OF TRANSFER.

I, John Smith, of Nairne, carpenter, being registered as proprietor of an estate in fee simple, subject, however, to the encumbrance and interest hereinafter mentioned, in all that Section of laud situate in tho Hundred of Goolwa, Couuty of llindmarsh, containing eighty acres, be tho samo little more or less, and numbered 13uo, bounded as appeals in a plan drawn in margin of certificate of title, vol. If , folio 64, in consideration of the sum of .€200 paid to me by William Robinson, ot Adelaide, bricklayer, the receipt of which sum I hereby acknowledge, do hereby trrnsler to the Bald William Robinson all my estate and interest in the said piece of land, subject ns follows, that is to say—A lease. No. 20, dated 4th August, Ihgs, from me tho said John Smith to John Morris, of Knpuuda, miller, nt the yearly rent of,€70, payable half-yearly. Term-seven years, and right of pur­chase at any time during Hie said term at tho price or sum of £1,000; and subject also to mortgage. No. 30, dated cth Novcmt>er, isr»«, from me the said John Smith to Alfred Perkins, of No. wood, Inquire, for the sum of Xiuo. Date when payable, «*th November, 1803. Rate of interest, £10 by tlio €luo iu every year. Iu wituess whereof l have hereunto

C I

41

subscribed my name this twenty-second day of January, 1862.

JonN Smitfi.Signed on the day above-named by the said John Smith

in the presence of Thomas Uall, of Nalrne.[Endorsement to the above.]

Correct for the purpose ol the Keal Property Act—Wil­liam Robinson.

Appeared before me. at Mount Barker, the first day of March. 18C2, John Smith, of Nalrne, the party executing the above instrument, and did freely and voluntarily acknow­ledge liis signature to the same,

G. D., J.P.

WIIEItE LAND IS TRANSFERRED UNDER POWER OP ATTORNEY SUBJECT TO AN ANNUITY.

(D 4.) [South AustraliaI, John Smith, of Adelaide, carpenter, being registered as

proprietor of an estate In fee simple, subject, however, to the encumbrance and interest hereinafter mentioned. In ull that section of land situate In tho Hundred of Goolwa, County of Illndmnrsh, containing eighty acres, be the samo little more or less, and numbered moo, bounded as appears in plan drawn In margin of certificate oi title, Vol. 11, folio M, in consideration of the sum of .C'JOft, paid to me by Wil­liam Robinson, of Adelaide, Esquire, the receipt oi which sum 1 hereby acknowledge, do hereby transfer to the suid William Robinson all my estate and Interest in the said piece of land, subject as follows, that Is to gay—Encum­brance No. 62, dated 12th May, 1857, securing to my wile, Jane Smith, an annuity of .Cioo perannum, contingent upon her surviving me, to commence from the date of my death. In witness whereof I have hereunto subscribed my name, this 27th day of January, 1862.

John Smith, by hfs Attorney, Richard Tomkins.Signed on the day abovenamed by the said John Smith,

by his Attorney, Richard Tomkins, In tho presence of W. Andrews, Deputy Registrar-General

[Endorsement to the above.]Correct for the purpose of the Real Property Act—Wil­

liam Robinson.

GRANT OF RIGHT OF WAY.(D 5.) [South Australia.

MEMORANDUM OF TRANSFER.I, John Smith, of Adelaide, carpenter, being registered as

proprietor of an estate in fee simple in all that Section of land situate in the Hundred of Goolwa County of Ulnd- marsh, containing eighty acres, be the sume little more or less, and No. 1200, bounded as appears Iq plan drawn in margin of certificate of title, vol. II., folio 64, In considera­tion of the sum of .£20 paid to me by John Watkins, of Adelaide, the receipt of which sum I hereby ackdowledge, do hereby grant to the said John Watkins and others claiming through or under him, owners or occupiers of the Section of land No. 1301, In the said Hundred, full liberty and right of way, and of driving of horses and other cattle, and cither on loot or on horeelwick, and with carts or other carriages to or fiom the well or pond situated on said Section No. 1310, for the purpose of watering such horses and other cat tle, or of carrying away and using the water therefrom, such well cr pond to bo approached from eastern corner of taid&cction

1.2 ‘ ’

45

No. 1300, In witness whereof I hare hereunto subscribed my name, this tweuty*se?enth day of January, 1883.

Joint Smith.Signed on the day above-named by the said John Smith

In the presence of C. Schilling, of Adelaide, Land Broker. [Endorsement to the above.]

Correct for the purpose of the Real Property Act—C. Schilling, Land Broker. *

(l) 6.) [South Australia.MEMORANDUM OF TRANSFER - JOINT TENANTS OR TENANTS

IN COMMON MAKING PARTITION.I, A. B„ being registered as proprietor of an estate in fee

simple, ns [joint tenant or tenants in common] with C.D., in one undivided half-share in all that piece of land. Section 35, In the county of Ilindmarah, containing eighty acres, be tho same a Utile more or less, as delineated and descilbed in Certi­ficate of Title, vol. X., folium 27, do hereby transfer to tho said C D. all my estate and interest in all the eastern moiety of the said Section, containing forty acres, be the same a little more or less, bounded on the east by the eastern boun­dary of the said Suction, there eighty chains; and on the north and south by the boundaries of tlio said Section, on each line titty chains ; end on the west by a straight lino connecting tlio extremo western points of the north and south boundaries of tlio said eastern moiety. In witness whereof 1 have hereunto subscribed my name, this tilth day of March, IHG2.

1, C.D., being seised of an estate In fco simple, as [jdint tenant or tenant in common) with A.B. aforesaid, in ail that piceo of land, Section 35, In the County of Hinds marsh, as above described, hereby transfer to the said A.B. ail niy estato and interest in all the western moiety of the said Section, containing forty acres, be the same a little more or less, divided as above described by a straight line connecting points on the northern and southern boun­daries of the said Section, distant respectively fifty chains from the north-east and south-east angles of the said Sec­tion. In wituess whereof I have hereunto subscribed iny name, this tilth day of March, 1862.

Signed by the above named A.B. and C.D. in the presence of G. Shomaker, Land Broker.

[Correct for the purposes of tho Real Property Act—G Shomaker, Licensed Land Broker.]

Note l.—The parties may execute separate instruments, if convenient

Note 2.—By a slight modification, this example will suflice for the case of one joint proprietor transferring to another, that he may be registered proprietor ot theentirety. -----

(D 7.) South Australia.MEMORANDUM OF TRANSFER BY A TARTY TO HIMSELF

AND OTHERS, TO BE HELD IN TRUST.I, A.B., of Adelaide, bein'? registered as proprietor oi an

estate in fee simple in all that piece of land, Lot 7 in the townBhipof Kudina, containing three roods two perches, as delineated and described in Land Grant, vol. XVI., lol. 97, do hereby transfer alt my estate and interest in the said piece of land to C.D. and E.E., conjointly with myself, to be held by us as Joiut tenants, with no survivorship. In witness whereof 1 have hereunto subscribed my name, this fifteenth day of December, 1861.

A.B.Signed by the above named A. B. in my presenco.-G.il.,

Solicitor.[Correct lor tho purpose of registration.—G.II., Solicitor.]

63

40

(O 8.) (South Australia.OWNER IN FEE 81MFLE REDI-'CES I1IS ESTATE TO THAT OF

TENANT FOK LIFE. \NI> SETTLES T1IE ESTATE ON 1113 SON, WITH REMAINDER.

I, A. B., of Adelaide, luing registered us the proprietor of an estate In lee simple, subject, nevertheless to such encumbrances, liens, and interest.-! as are notified by memo­randum umii rwriticn or cndnised hereon, in those Sta­tions of land situated in the Hundred of Valuta, County of Adelaide, being the Sections numbered respectively 99, 100, 101, 2:io, and 231, containing together C4« «cr»s or tlicrci*bouts, as morn particularly described and djlineaMl in Certificate of Title, vol. XVI, folio 79. and belli/? desi­rous of settliug the said Sections of land in the manner hen hiaficr mentioned, in consideration of the intended marriage of n.y son, C. I>. with K. F., of ,spinster, do hereby, in consideration of such intended marriage, transfer the said Sections of land to myself in lee simple until the said marriage shall Itavo been solem­nized ; and alter the solemnization (hereof I hereby transfer the said Sictio» a to myself for life, with remainder alter iny dicexsu to my said son, C. I)., for tlio term of Ida iiiiiiiral life, And niter the decease of my said son to tlio fir«t and every oilier son of tho said C. D. by tlio said 1C. F., bis intended wife, severally nnd successively, accord­ing to-their respective seniorities, in tail male, with re­mainder to nil and every tho daughters of the said C. 1). nnd 1C. F., a* IcnaiiH in common, In tall general, with remainder to myt-elf, the said A. 11., my heirs and assigns lor ever. In whites* whereof 1 have hereunto signed my name and affixed my seal, this second day of January, 1102. A. h. (Seal.)

Signed In the presence of C. D„ Solicitor, the second day of January, l«C2.

Correct for the purposes of the ltcal Property Act, C D., Solicitor.

37. The name, residence, and trado or calling of the lessor, the nature ot the estate or interest held by him in the land intended to be leased, ond a description of tho land in manner directed lu paragraphs 10 nnd 25, must bo set forth in the iorin of lease; also, the name, residence, and trado or calling of the lessee, the term of years, the amount of rent, and dales on which it is to be paid. It right to purciiaso be granted, or agreement to purchase be covenanted, the amount of the agreed purchase-money and tho period within which the riglit may I»c exercised, must also bo stated.

3s. Covenants lor quiet enjoyment. I or further assurance, for right of entry by the lessor to view the Plate of repair, for re entry and leeuraptiun of possession by the lessor, in case of rent being In arrear for six calendar mouths, or in case of default in tho fulfilment of any covenant by the lessee, continued tor six calendar months, or in case of necessary repairs not being completed within leasonablo time, after riquiremcnt iu writing to that ell'ect served on the lessee ; as also covenants on the part of tie lessee for punctual pay­ment of rent; for payment of tales and taxis during the continuance of the lease, and for keeping nnd yielding up the demised premises in good and tenantable repair, aro dec ftred to be implied in leases under the Heal Property Act, unless barred or modified by express words introduced into tho fo m of lease. There is. therefore, no occuaion for eiicuiuU>riug the instrument with those details.

3;> Ah regards oilier rovi mints, prolixity and verbiage may be avoided by the use of certain brici forms of words,

LEAUKS.

•17

to which specific signification is given in tho .Vet. Thus, a covenant for Insurance against loss by fire may be introduced by using the four words, “That he will insure;’* the law declaring that whenever these words are introduced, the lessee will be bound “to insure, und fin long as the term ex­pressed in the said lease shall not have expired, to keep insured in some public insurance office. to be approved by each lessor, against loss or damage by (ire to the lull amount specified, or if no amount be tpecificd, then to their full value all buildings, tenements, or premises erected on such laud, which shall be of n naturo or kind capable of being insured against loss or damage by Are; nnd that he will, at the ropiest of the lessor, hand over to nud deposit with him tin* policy of ever* such Insurance, and produce to him the receipt or receipts for the annual or other piemiums payable on account thereof: Provided always, that all moneys to be received under or by virtue of any such Insurance, shall. In the event of loss or damage by lire, be laid out and exponded in making good such loss or dunnage; provided also, that if default shall be made in tho observance or performance of the covenant last iibovo-incntioncd. it shall be lawful for tho lessor, without prejudice, novellieless, to and concurrently with the powers granted him by the lease, in manner in and by tho Act provided, to insure such building, and the cost nud charges oi such in an mum' shall, until such lease shall have expired, be a charge upon the said land.*'

Again, by tlio Introduction of the words, “ und shall paint outside evoiy alternate year,” the tenant may be placed under obligation **to paint all tho outside woodwork and ironwork belonging to the heicditaincnls and premises men­tioned in such lease, with two coats of proper oil-colors, iu a workmauliko manner.”

By the Introduction of the words “and paint and paper inside every third year,” the tenant may be placed under the obligation “to paint, tho inside wood, iron, and other works now or usually psiinted, with two routs of proper oil-color, in n workmanlike manner; and also repaper with paper of n quality ns at present, nil such pans of the said premises ns are now papered , ond also wash, stop, whiten, or color such ports of the said premises as are now whitened or coloied rcqactively.”

Ily using the three words, “and will fence,” the tenant may be placed under obligation “to erect anil pul up on tho bouudarVs of the laud therein mentioned, or upon such boundaries upon which no substantial fence now exists, a good and substantial fence.”

The words, “and cultivate,” shall imply as follows, viz: — “ Aud will nt all times during the said lease cultivate, use, and manage nil such parts of the land therein mentioned us are or shall be broken up or converted into tillage. In a proper and husbandlike manner, and will not impoverish or waste the same.”

The words, “and will not cut timber” Introduced into the lease, will operate to restrict the tenant from “cuttingdown, felling, injaiing or destroying any growing or living timber, or timber-like trees, standing and being upon the said here­ditaments and premises above mentioned, without tho consent iu writing ol the said lessor,”

The words, “and wilt not, without leave,assign or sublet** introduced into the tease, will deprive the tcuaut of tho powerof “assigning, transferring, demising, subletting, or setting over, or otherwise by any act or deed procuring tho lauds or premises therein mentioned, or any of them, or uny part thereof, to be assigned, transferred, demised, gablet, or set over unto any person whomsoever, without tho consent in writing of the laid lessor first had and obtained.*'

48

Tbe words, “will not use as a shop/* shall Imply as fol­lows, viz:—“And also that the said lessee will not convert, use, or occupy the said hereditaments and premises men­tioned in suoii lease, or any part thereof, Into or as a shop, warehouse, or other place ol carrying on sny trade or business whatsoever, or permit or suffer the said hereditaments and premises, or any part thereof, to be used for any such purpose, or otherwise than as a private dwelling-house, witnont the consent In writing of the said lessor.*'

The words, “nnd will not carry on offeusive trades,** shall Imply as follows:—“ And also that no noxious, noisome, or olTensive act, trade, business, occupation or calling shall at any time during the said term be used exer­cised, carried on, permitted, or suffered In or upon the said hereditaments and premises above-mentioned j and that no act, matter, or thing whatsoever shall at any time during the said term be done in or upou the said hereditaments and 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 adjoining lands and here­ditaments.’*

40. Tlie use of these abbreviated forms of words Is not compulsory; and the covenants above referred to, or any other covenants, may be Introduced inti the lease In any form ot words that may bo deemed best adapted for giving effect to tlie Intention.

41. Several sections or allotments belonging to the sameproprietor, though Included in two or more grants or certi­ficates, may lie Included under one lease. The original of every lease will be deposited In the strong room of tho Lands Titles Oiflce. The duplicate will be given to the lessee; and a certified copy will be given to the lessor, if required by 1dm, at the cost of a few shillings. Copies cer­tified under the hand and seal of the Registrar-General are, by the Heal Property Act, section lot. made evidence in ail Courts of Justice of all matters contained in the original in­struments. —

EXAMPLES.LEASE OF HOUSE WITH COVENANT TO INSURE AND PAINT,

AND COVENANT TO PURCHASE.(E> South Australia,

I, John Smith of Adelaide, carpenter, being registered as proprieioroi an estate in fee simple, subject, however, to such encumbrances, Hens, and interests as are notified by memorandum endorsed hereon, in that piece ot land situated in the Cliy of Adelaide, being the eastern quarter of the town acre of land No. 59, bounded as appears by plan drawn in margin of certificate of title, vol. 1., lolio 180, containing one quarter of an acre, be the same a little more or less, do hereby lease to Thomas Jones, of Adelaide, all the said piece ol land, together with the dwelling-house, out-buildings, and pre­mises erected thereon, subject to the following covenants, conditions, and restrictions, that is to say—that tbe said Thomas Jones shall insure the said premises for the sura of five hundred pounds at- tho least; also, that tho said Thomas Joins shall paint the outside of the before-mentioned dwel­ling-house every alternate year; and also shall paint and paper the inside of the said dwelling-house every third year; and shall, on or before the 3lBt day of flcccmher, 1C63. pay to me the sum of five hundred pounds as purchase money for the said land and piemises. The above-mentioned to be held by him, the said Thomas Jones, as tenant, lor the space of five years, at the yearly rental ot titty pounds, payable huif-yearly, on the first day oj July and the fiist Jay of January in each year, from the date hereof; such tenancy apd rental to cease and be de«

49

termined at any time xvltlil the same period of five years, upon payment of the purchase-money as above specified.

I, Thomas Jones, of Adelaide, hereby accept this lease of the above described lands to be held by me, as tenant, forth® term, and subject to the conditions, restrictions, and cove­nants above set forth.

Dated thiq first day of January, 1862.John Smith, Lessor.Thomas Jones, Lessee.

Signed by the above named John Smith,as lessor, and the above named Thomas Jones, os lessee, ibis first day of January, iho*2, In presence of 8. P. 11. Wright, Landbroker, Adelaide.

[Endorsement to the above.]Correct for the purpose of registration.—S. P. U. Wright,

Landbroker, Adelaide.I. tho within-named Thomas Jones, In consideration of

the sura of seventy pounds, this day paid to mo by William Tomkins, of Adelaide, merchant, the receipt of which sum I do hereby acknowledge, do hereby transfer to him the estate and interest in reapect to which I am registered proprietor, as set forth and described in this instrument of lease, to­gether will) all my rights and powers therein. Iu witness whereof I have hereunto subscribed my namo this twentieth day of February, 18G2.

Thomas Jones, Lessee*Accepted—William Tomkins, Transferee.Signed by tho above-named Thomas Jones and William

Tomkins, in the presence of W. It. T. Andrews, Deputy Registrar-General, this twentieth day of February, 1862.

lease wmi nionT op rmtcnARE, and covenant toFENCE AND CULTIVATE.

(E) [South Australia.I, John Smith, of Adelaide, carpenter, being registered as

proprietor of an estate In feo simple, subject, however, to such encumbrances, liens, and Interests as are notified by memo­randum endorsed hereon, in that piece of land, being section ass, situated in the Hundred of Saddleworth, County of Light, bounded a9 appears by plan drawn in margin of cer­tificate of title, vol. l, folio 210, containing eighty acres, bo the same a little more or less, do hereby lease to Robert Mundy, of Adelaide, all the said lands, subject to the follow­ing covenants, conditions, and restrictions, that Is to say— that the said Robert Mundy shall have the right of purchas­ing the fee simple of tho land hereby leased, at any time within the time hereafter mentioned, for the sum of five hun­dred pounds, and will fence and cultivate thesatd section, to be held by him the said Robert Mundy, as tenant for the space often years, at the yearly rent of forty pounds, payable half-yearly, on first day of March, and first day of October, from tho day of date hcieof.

I, Robert Mundy, of Adelaide, do hereby accept this leas® of the above-described lands to be held by me, as tenant, for tbe term, and subject to the conditions, restrictions, and covenants above set forth

Dated this first day of March, 1881.John Smith, Lessor.Robert Mundt, Lessee.

Signed by tbe abovenamed John Smith, as lessor, and by the abovenamed Robert Mundy, as lessee, this first day of

D

67

50

March, 1861, In presence of Wm. Letchford, Land Broker, Adelaide. '

[Endorsement to the above.]Correct for the puniose of Registration—

William Lr.Tcnroni>, Land Broker* Surrendered this Grst dny of March, 18G0—

Robekt Mundy, Lessee*Accepted game day—

John Smith, Lessor.Signed hy the abovenamed Robert Mundy, as surrendering

lessee, and John Smith, ns lessor accepting surrender, in presence of It It Torrens, Registrar-General, this first day of March, 1862.

MORTGAGES AND ENCUMBRANCES.42. After entering on the form of mortgage or cncum-

branco tho name, residence, and trade or calling of the intended mortgagor or encumbrancer, describe the land as directed in paiagraphs in und 25, and state tho nature of the estate Intended to bo charged, whether fee simple or lease­hold, also the particulars ot leases, prior mortgages, or other encumbrances (if any) affecting tho property.

43. Next must be stated the name, residence, nnd trade or calling of the person In whoso favor t he mortgngp or encum­brance is to be created, the amount of tho sum of money or annuity to secure which tlio land is to he pledged, the unto,If any,*fixed for the payment of the sum so secured, or tho occurrences or conditions upon which it may be intended that such payment shall bo contingent, together with tho rate of interest, and the dates on which it is to be paid.

44. Covenants for punctual payment, for keeping in repair, nnd for light of entry upon the premises to lnsj>ect the state of repaiis need not be inserted, as these are declared by law to be implied In every mortgage under the Real Property Act, unless expressly barred or modified by words to that effect

45. Covenants to insure nnd other covenants may be Intror duced by using the foim of words specified for the case of lease, but tlleluse ol those abbreviated forma is not curapul- sory. Any other covenants agreed on between the parties, may bo introduced into the mortgage or encumbrance.

46. Repayment by instalments or periodical payments I* provided for by a special clause in tbe Act, and a form of mortgage adapted to such cases, and for tho use of Building or Benefit Societies, is supplied at the Lands Tllles Offices.

41. The memorandum ol mortgage or encumbrance when filled in and executed, as directed in the instructions for preparing instruments given in paragraphs 4 to 13, together with the grant, certificate ol title, or lease under which the land intended to be pledged is held, pipst be forwarded to, or presented at the Lands Titles Office, in order that the parti­culars may be entered in the register-book.

48. One counterpart of the memorandum of mortgage, or ot incumbrance, will be delivered to the mortgagee or encumbrancer, bearing certificate under the hand and seaj of Die Registrar'General, that the particulars had been en­tered in the register-book.

49 Entry in tlio register book Is the essential which gives validity to the transaction; tho certificate of the Registrar- General makes the instrument evidence in all Courts of Justice, that such entry has been made.

60. The question who shall hold the counterpart, grant, Of certificate of title, or lease, ripresenting the property pledged, is left to be settled between the parties, under the old law of mortgaging by transfer of the legal estate, 4

GP

51

la usual for the mortgagee *° hold tlie deeds ,but on the Con* tineut of Kurope, where tlie system of hypothecation or pledge Is substituted for that device so costly and Injurious to the mortgagor, the mortgagee does not generally hold the title deeds.

ftt. The mortgage, under tho South Australian Keal Property JlcU is nearly Identical with tho Continental ••hypotheque ; ” and whilst there is nothing to forbid tbs custody of the grant, certificate, or lease by the mortgagee or encumbrancee, such custody can afford him no additional security or advantage beyond what would be secured to him holding his registered memorandum of mortgage or encum­brance, whilst the custody of tho grant or other instrument of title remained with the mortgagor or encumbrancer.

52. This will more clearly be perceived upon calling to mind, first, that an original of the grant, certificate, or lease reraoins in tho Lands Titles Ofiloe, which, as well as the counterpart in the hands of the proprietor, bears upon it a memorandum recording the mortgage or encumbrance, and the date and hour of its creation, certified under the hand of the Ueglstrar-General; 2nd!y, that the law declares, that all mortgages, encumbrances, and other liens shall take effect according to the date ot their registrations, and that no sub­sequent transaction or entry can affect the rights or powers of the previous mortgagee or encumbrancee, whose title is guaranteed by the law as Indefeasible.

53. It should also bo borne in mind that no lease granted subsequent to ft mortgngo or cncumbranco can havo any vnlidity as against the mortgagee or encumbrancee unless hia concurrence Khali be certified thereon in manner directed in paragraph 13; hence it Is evident, that the custody of the grants or other Instruments evidencing title to the estate charged, can afford no additional security or convenience to tho mortgagee; yet the want of it may seriously inconveni­ence tho mortgagor should he desire to raise a second mort­gage, or to sell the property subject to the existing mortgage.

64. Although the grant, certificate, or lease will itself ^exhibit the state of the mortgagor’s title, the mortgagee Is, nevertheless, advised, as a precautionary measure, before paying tho mortgage money, to cause search to be made, lest caveat should b centered, forbidding the registration of dealings witli the property ; he may also, if there be reason to suspect fraud, protect, himself by lodging a caveat, for­bidding any further dealing, pending the registration of hia mortgage.

65. Any number of sections or allotments belonging to the same proprietor may be included in one form of mortgage or encumbrance.

66. A mortgage or encumbrance may bo discharged by the simple endorsement thereon of a receipt, for the money secured, signed by tlie party entitled, and atteste d by a witness; and in case tho mortgagee is absent from the pro­vince, or if there be no person authorised or capable of giving a receipt for the mortgage money, at the date appointed for tho redemption, the mortgagor may pay the amount of principal and interest due Into the public Treasury of the province, and tho Uegistrar-Geuer&l. upon production of the Treasurer's receipt for the same, will release tlie land from mortgage, by entering into the register-book and on the grant the memorial of discharge* la such cases the amount so paid will be held by the Treasurer in trust for the mortgagee.

67. In case of default made by mortgagor or incumbrancer in payment of interest or principal, or in the observance of any. covenant, the Act gives a remedy to the mortgagee or

52

incumbrnncoe, by empowering him to sell the properly after one month's notice, in writing, served on tlie mortgagor, or left at his last known place of ubode in the colony, or on the mortgaged premises.

69. Tlie notice should state the circumstances ot the de­fault, und the intention of the mortgagee to sell unless tho same be remedied. a

69. The procedure to be followed In such sales'is the same as that prescribed in the instructions under tho head of transfers.

co. The Registrar-General, upon evidence by declaration or otherwise, thnt default has been made, and that the no- tlce bus been served as directed above, is bound to give elfect to sales by mortgagees, the mortgagee signing the memoran­dum of Irons-fer; and the Act declares such sales to be ** as valid and effectual to pass such mortgaged estate or interest as If the memorandum of transfer had been executed Ly tho mortgaging or encumbrancing proprietor, prior to the exe­cution of the mortgage or encumbrance."

61. The enlo may be by privato contract or by auction, but Should be properly advertised. The property may bo sold either In one block or several, and the bulancoof the pro­ceeds, after paying the amount secured and all expenses, must be (mid to the mortgugor or encumbrancer.

62. A mortgagee or encumbrancee is also empowered by the 67th section to distrain for arrears duo twenty-one day* or upwards after giving seven days notice to the tenant or occupier to the extent of any rent that may be then due by such tenant or occupier.

63. Foreclosure under tlie Real Property Act is a very simple and inexpensive process. For this purpose, after default in payment has been made for six months, tho mortgagee may apply to the Registrar-General for a fore­closure order, accompanying Ilia application by the certifi­cate of a licensed auctioneer that the land has been offered for sals alter due advertisement, and no bidding obtained sufficient to cover the mortgage money with interest and ex­penses. The property will thereupon be again advertised lor sale, and it no bid in excess of tlie mortgage money, Inte­rest, and expenses be obtained a certificate of title will be issued vesting the land in tho mortgagee with inde­feasible title.

€4. The si m pi I fleat ion o! title and dealing with land under the Real Property Act has rendered un easy and Inexpen­sive procedure for recovery of possession applicable in sub­stitution for ejectment under the old law. (See section 117.>

65. The cost, the delay, and the permanent clog attaching to title which were Inseparable from tho artificial method of legal mortgage under the old law, induced a general practice of taking security by equitable deposit of title deeds when the amount was small, or the sum required for a short date. Asunder tlie Real Property Act the expenso of mortgage is reduced to ten shillings, that of release or transfer of mortgage to five shillings, and as these transac­tions innyr be completed in a few minutes by any person oT ordinary intelligence, and do not constitute any clog upon the title, the principal inducements for resorting to mort­gage by equitable deposit arc removed under the Real Pro­perly Act; nevertheless, lor the purpose of securing advances lor fluctuating amounts, such as cash credits, and also when partita desire to keep the transaction secret, tills

iiractico may be conveniently resorted to under the Real •roperly Act, and that with u degree of security and facility

for icnlising unattainable under the previous law.66. Under tlie old law the production of grant or title

deeds Is no .sufficient .evideuco that the party depositing la\

53

really tho owner of the property; for It la notorious that when portion only of tho land is sold, the grant or deeda Temalu with the vendor - an objection which aoes not apply tinder the Real Property Act, because the original grant or certificate is withdrawn and cancelled whenever any portion of the land is transferred. 2udly. Deeds under the old law do not prove that tlie party named therein Is really entitled, and at best do but leave it to be wrought out as a probable inference. A grant or certificate under the Ileal Property Act vests the title indefensibly. Srdiy. An equitable mortgagee under the old law may be •deprived of his security by the registration of a transfer of the property to a purchaser not privy to fraud. Under tlie Itcal Property Act. this is impossible, as transfer cannot take place without production o( the certifi­cate of title. 4th. Under the old law when the borrower dies, becomes Insolvent, or absconds, and the value of the property is small, tlie security is frequently rendered worth­less or greatly diminished by’the heavy law charges incident to realising. Under the Ural Property Act tlie entire cost of realising In such cane would not exceed fifty shilling's.

67. The following is the practice when it is desired to keep transactions of tills nature secret, yet to obtain All the security and advantages of mortgage nuder tho Act:— “The borrower exccuirn n memorandum of mortgage In I ho authorised form, ellher lorn specified hiiiii, or, ns Is more usual, for such sum as may appear due upon balanco of account at any future date. This Instrument, with tho cer­tificate of title. Is held by tlie creditor, who does not register but lodges n caveat forbidding the registration of nny deal­ing with the land until after fourteen days or other named period shall have elapsed, after notice of intention to register the same has been served by the Registrar-General at an address given. A red ink cross, with the number of the CAveat, is then Inserted in the duplicate certificate of title in the register-book. The creditor, up?.n receipt of such notice, or at any time, may register his mortage; and the 30th section of the Real Property Act directs the Registrar- General 4 to register that instrument under which tho person claims property, who, together with such Instrument, pre cents the grantor certificate of title of the land for that purpose.* If default, in payment be continued for twenty- eight days after registration of the mortgage, the cieditor may give notice ol intention to sell; and if the default be continued for a further period of twenty-eight day*, he may prooeed to sell without auy more delay or expense.**

EXAMPLES.MORTGAGE, WITH COVENANT TO INSURE.

(F.) [South Australia*MEMORANDUM OF MORTGAGE.

T, John Smith, of Noarlunga, farmer, being registered as proprietor of an estate in fee simple, subject, however, to such encumbrances, liens, and interests as are notified by memoranda endorsed hereon, in that piece of land, Section 2>. in the Hundred of Wilhmga. County of Adelaide, bounded af appear.*; by plan drawn in margin of certificate af title, voi. I., IoISd 1CI, containing eighty acres, be the same a little more oi less; in roii.dderutiou of tho sum of Three Hundred Pounds sterling, this day lent to me by James Drown, of Adelaide, the receipt of which sum I hereby -acknowledge, do hereby covenant with tho said James Ilrovn, that I will pay to him. the said James Drown, the above sum of Three Hundred Pounds on tlie twelfth day of September, isr»3; Secondly, that 1 will pay interest on tbs

o 3

7 I

64

said sum nt tho rate of Ton Pounds by the One Hundred rounds in tlie year, by equal quarterly payments, on the twelfth day of December, t welfth day of March, twelfth day of June, and on the twelfth day of September In erery year: Thirdly, that I will insure the dwelling-house, stable, and out-buildings erected and built on the above Section, In such insurance office as the said James Brown may direct. And for the better securing to the sa id James Brown the repay­ment in manner aforesaid of the said principal sum ana in­terest, I hereby mortgage to the said James Brown all my estate and Inter;*t in the said land above-described. In witness wberrof I have hereto signed my name, this twelfth day ot September, isci.

John Smith, Mortgagor.Signed by the above-named John Smith, as mortgagor,

this twelfth day of September, 1858, in the presence of Richard Bnugen, of Noarlunga, Land Broker.

[ENDORSEMENT TO THE ABOVE. 1Correct for tlie (purposes of the Real Property Act—

Richard Budgcu, Land Broker.

ENDORSEMENT OF TRANSFER OF MORTGAGE.I. the within mentioned James Brown, In consideration

of Three Hundred Pounds this day paid to me by George Brooks, of Adelaide, the receipt of which sum I do hereby acknowledge, hereby transfer to blm the estate or interest in respect to which I am registered as pioprietor, as set forth and described in the within written security, together with all my rights, powers, estate, and interest therein. In witness whereof I have hereunto subscribed my name, this tenth day of January, 1862.

James Brown.Signed by the abovenamed James Brown, this tenth day

of January, 1862, In ray presence,W. B. T. Andrews, Deputy Registrar.

ENDORSEMENT OF DISCHARGE OF MORTGAGE.Received from the within named John Smith, this twelfth

day of September, l«6l, the sum of Three Hundred Pounds, being in lull satisfaction and discharge of the within obli­gation. _ .

Geo. Brooks, Mortagoe.Witness—Robt. R. Torrens, Registrar-General.

(F.)MEMORANDUM OF MORTGAGE OF BULLDINO OR BENEFIT

SOCIETY.I. John Smith, of Adelaide, carpenter, being a shareholder

in the Society known as the “ East Torrens land, Building and Investment Society,” and being registered as the pro­prietor of an estate, In fee simple, subject, however, to such encumbrances, liens, and interests ns are notified by memo­randa, endorsed hereon, in that section of land situated in the Hundred of Adelaide, C ounty of Adelaide, bounded as appears by plan drawn in margin of certificate of title vol. 1., folio r>3, containing eighty acres, be tho same little more or less, in consideration of the sum ot ono hundred pounds, lent to me by Alfred Johnson. Thomas Stokes, and George Robinson, the present trustees of the said Society, out of the funds of the said Society, the receipt of which sum I hereby acknowledge, do hereby covenant with the said pre­sent and future trustees of the said Society, that I will pay to the Secretary of the said Society, or tho person appointed to receive the same, the sum of two shillings on every Wed-

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nosdny In each week, and nil subscriptions, fines, Interest, and other payments to bepome dut* according to the rules of the said Society upon the said share, and upon the said principal sum ot one hundred pounds so advanced to me as aforesaid. And also, that I will, during the continu­ance of the said Society, observe all the rules and regula­tions of the said Society until, with the emaent of the present or future trustees of the said Society, I shall pay otT such balance as according to tho rules of the said Society may be owning to tho said Society in respect of the said principal sum of one hundred pounds with all arrears of subscriptions, fines, and other payments hereby covenanted to be paid to tho said Society. And for the better securing to the present and luture trustees of the said Society the payment at the times aforesaid, of such weekly sums and subscriptions, fines, interest, and other payments no aforesaid, I hereby mortgage to the said present and future trustees of tho said Society all my estate and interest In the said land above described And I empower tho present and iuturo trustees of tho said Society to Bell the estate nnd interest hereby pledged to them ns security whenever I shall mako default for the space of live weeks iu payment of the snid weekly sumot Two .Shillings, nnd the subscriptions, fines, and interest, or other money to become due in respect of the said share, and of tho g.vid principal sum oi One Hundred l'ounds, according to tho rules of tho Society; and save, as hereinbefore mentioned, l hereby confirm unto the present aud future trustees of tho Bald Society all powers and remedies given by a memorandum of mortgage under the Real Property Act. In witness whereof I nave hereunto signed my name this fifth day of January, 1862.

John Smith. Mortgagor.8igncd by the above-named John Smith, as mortgagor,

this fifth day of January, lso2, in the presenco of Robert Loyd, Secretary, East Torreus Huilding Society.

(Endorsement to the above.)Correct for the purposes of the Real Property Act—

Alfred Johnston, Thomas Stokes, George Robinson, Trustees.

(G.) (South Australia.MEMORANDUM OF ENCUMBRANCE.

I, John Jones, being registered as proprietor of an estate in fee simple, subject, however, to such encumbrances, liens and Interests as are notified by memoranda endorsed hereon, in that section of land, situated in tho Hundred of Knpunda, County of Light, numbered 620. containing eighty acres, bo the same little more of less, and bounded as appears in tho plan in the margin of Grant, Vol. XXI., Fol. 03; and desir­ing to render the said land available for the purpose of secur­ing to and lor tho benefit of my wife Mary Jones, and my daughter Anne Jones, respectively, the annuity hereinafter mentioned, do hereby encumber the said land for the benefit of the said Mary Jones, with the auuuityof One Hundred rounds, and for the benefit of the said Anno Jones, with the annuity of One Hundred Pounds, to be raised aud paid at the times and in tlie manner following, that is to say, I desire that, from and after my decease, my said land shall bo encumbered with tho annuity of One Hundred Pounds, to be paid to my said wlfo by equal quarterly payments during her widowhood, the first of such quarterly payments to be made within six calendar months alter the day of my decease. And I further desire that on and after my said daughter Anno Jones attaining tlie age ot twenty-one years, or on her marriage, whichever event siinll first happen, whether during my lilelime or after my decease, my said land shall bo

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encumbered with the annuity of One Ilundred rounds, to be paid to my said daughter, by equal quarterly payments, for her own separate uae and benefit, free from the control of any husband whom she may marry. And subject, ns aforesaid, the said Mary Jones and Anne Jours shall be respectively entitled to nil powers and remedies given to an encumbrance by the Real Property Act of 1860.

In witness whereof I have hereunto signed my name this tenth day of December, 1861, in the presence of J. L. Monteith, Land Broker, Adelaide.

Correct for the purpose of the Real Property Act—J. L* Monteith, Land Broker.

68. Any number of sections or allotments may bo Included In one power of attorney, though held under separate grant* or other instruments of title.

69. The use of the form of power of attorney; given In the Act Schedule I is not compulsory, but proprietors may use any form, nnd if convenient include therein lands not under the Real Property Act, or chattels, provided that an original or an attested copy must be deposited with tho Registrar* General bHoro he gives egcct to any dealing under such power by entering tiio memorial In thoreglator-book.

70. Under tiro laws prior to the Real Property Act., a pur­chaser, resident iu tire cnbiny, Is liable to be deprived of the land although his conveyance bo duly registered, if a pur­chaser ol the same land In Great Britain or elsewhere, gets his conveyance registered within twelve months from the date thereof; and this notwithstanding that such registra­tion be subsequent to the registration of tlie conveyance to the resident pti:chaser. To ohviute this, and at the same time to enable proprietors to take advantage of markets x^r their land at places without the limits of the colony, gbing Immediately indefeasible title to tlie purchasers, registration abstracts are provided which aUoru proprietors the samo facilities for dealing with lands under the Act, when absent In Great Britain or elsewhere, which they enjoy when in tho colony. No frauds by double sale, such as uliove referred to, can occur under this system, because no dealing can bo regis­tered in tlie colony in respect to land when a registration abstract is outstanding.

71. Judges, Notaries Public, and Chief Officers of Cor­porations in Great Britain and Ireland, Judges of Supremo Courts, Governors, Government Residents, and Chief Secre­taries in the British Colonics, und British Consular Officers in foreign places, are authorised to enter upon tho regisrra- tration abstract the memorials of dealings with the pro­perty, which tlie Registrar-General is required to enter in the register-book in the case of dealings within the limits of this Province.

72. A memorandum of transferor Other instrument appro­priate to the intended dealing, executed in accordance with preceding instructions and examples, should be presented to the functionary called upon to act on tho occasion, together with the grant, certificate of title, or other instrument representing the estate intended to bo dealt with, nnd every memorial entered on the registration abstract must likewise bo entered on such grant, certificate of title, or other instru­ment, und authenticated in tlie same manner under tho'hand and seal of the functionary employed; a certificate ot regis­tration should also be endorsed on tlie memorandum of transfer or other instrument, stating tho date and hour on which memorial of the particulars thereof was entered on tho

POWERS OF ATTORNEY.

registration abstract, which certificate should bo authenti­cated in the same manner.

73. The registration abstract should be returned to the Registrar-General, at Adelaide, In order that lie may enter on the appropriate folium of tho register-book the par­ticulars or any dealings that may hare been recorded beyond the limits ot the Province, and if an estate of freehold has been transferred, a certificate of title will be Issued to the transferee upon his surrendering the existing certificate and memorandum of transfer.

74. Tlie fee for power of attorney is ten shillings, and lor registration abstract twenty shillings. Examples of a power ol attorney and of n registration abstract are annexed.

EXAMPLE.(I.) [South Australia.

POWER OF ATTORNEY.1, Richard Stokes, of Kapuiula, gentleman, being regis­

tered ns proprietor of an estate in teo simple, subject, how­ever. to such encumbrances, liens, and interests as are noti­fied by memorandum endorsed hereon, in those pieces of land described in tho Schedule hereto annexed, do hvreby appoint Thomas UohlnRon, of Adelaide, attorney on my bcltnlf to sell, lease, or tnorlgngo tho tnnda described lit aforesaid Schedule, utul to executo all such instruments and do all such acts, matters, and things as may be neocssnry for carrying out the powers hereby given, and for the reco­very of all rents and sums of money tnat may become or are now due or owing to me in respect of tho said binds, and for the enforcement oi all contracts, covenants, or conditions binding upon any lessee or occupier of the said lands, or upon any other person in respect of the same, and for the taking aud maintaining possession of the said lands, and for protecting tho samo from waste, damage, or trespass.

SCHEDULE.

I$o.ofSection. Hundred. Area No of entry in

Register Book.

2945 Macclesfield (One hundred'and1 eighty acres Eighty-three acres

Vol. I., folio 44.145 Kapunda Vol. I., folio ioa.

2940 Macclesfield Sixty-seven acres , Vol. I. folio 215.

In witness w hereof I have hereunto subscribed my uame this tenth day ot January, 18G2.

RicnARD Stokes.Signed by the above-named Richard Stokes,

this tenth day of January, 1862, in the presence of John Small.

(Endorsement to the above.]Correct- for tlie purpose of Registration—John Small

Laudbroker, Kapuuda.

• <K.)Registration Abstract.

Register Book, Vol, XXXII, Foi. 97.COPY OF CERTIFICATE OF TITLE.

South [Iloyal Arms.] Australia.James Richards, of Adelaide, gentleman, Is now seised

of an estate in fee simple, subject nevertheless, to such charges and interests as are notified by memorial under*

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Written—In Nmt*piece of land situated In tho Hundred of Clare, containing 1U0 acre*, as <lcl men tort and described in diagram at foot hereof, and therein colored green, being part of the Country Section marked D30 delineated in the jmhlic map of the said Hundred deposited In tho ofliee of the Surveyor-General, originally granted the 10th day of October, 1856, under the hand and seal of Sir It. G. Mac- Donnell, Governor of the said Province, to Thomas Jones. In witness whereof I have hereunto signed my name and affixed ray seal this loth day of January, 1061.

It. It. Torrens, Registrar-General. C&’<**•) Signed in presence of 11. Denton, the 10th of January

18(11.Lease No. 2(60. dated 5th day of Novera*

1861. The above loo acres to Thomas Oats for fourteen years, with covenant that ho will purchase on or before ex­piration of that term for the sura of £700. Kent payable half-yearly, 1st January nnd 1st July, at£ti0 per annum.

Hegistcrcd, 7-11-61, at noon.It. It. Torrehs, Registrar* General.

Main Koad

Memorandum of transfer, dated tho rust May, 1862, marked A. The above-named James Richards In consideration of tho *um of .£650, receipt acknowledged, tranfers nil Ills estate and iutereat in tho above-described land to FrancisGil).

Recorded this 3rd of June, 1SG2, by me, William Harris, of Stone Buildings, Lincoln's Inn, London, notary public.Witness my hand and Beal, __

Wm. Harris. (Seal)Witness to signature—James Jarvis, No. 3, Gray'* Inn

Lane, London.Pursuant to Act of the Legislature of the said province,

intituled “The Real Property Act of 1861,*’ sections 71 and 72, this Registration Abstract is issued for the purpose of enabling tlie registered proprietor to deal with the above described land at places without the limits of the said province* and shall continue In force from tlie date hereof until day of , or nutil the same be surrendered tome forcancellation. , „ ,

In witness whereof 1 have hereunto subscribed my name and affixed my seal, this 30th day of November, 1361,

It. It. Touhf.ns, Registrar-General. (Seal) Signed nnd sealed the 30th day of November In the pre­

sence of Henry Denton.Note-—Copy of instructions,Circular Letter No. 2, should

accompany this instrument tor tho guidance of functionaries empowered to act thereunder.

CAVEATS.75, Caveats are of two sorts—First, adverse caveats, for­

bidding tlie bringing of Und under tlie Act These can only bo lodged within the time lor that purpose limited in the advertisement notifying the claim to have the land brought under the Real Property Act, and will lapse unless some

f>roceeding at law he commenced by the CHVeator to establish iis claim within three months from the date of lodging the caveat, and notice thereof be given to the Registrar-General,

or unless the caveator shall have obtained from the Supreme Court an order or injunction restraining the Registrar- Generai from bringing the laud under provisions of the Act.

76. Secondly, caveats to ensure to benolhdarles under deeds of settlement such timely notice of intended dealings by the

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trustee as mar afford them opportunity for looking after the proceeds, or lor the protection of parties peudiug the com­pletion of contracts for mortgage or salo.

77. Tlie fco for registering a caveat is tei* shillings. Examples lor Illustration are annexed.

SCHEDULES.fB)

CAVEAT.Take notice that I. Robert Smith, of Adelaide, gentleman,

claiming estate or Interest, as devisee, under the will of Thomas Smith, deceased, in lands described as part of town acre456, Survey A, in notice dated the tenth day of January, 1859, advertising the same as land in respect to which claim has been made to have the same brought under the operation of the Real Property Act, do hereby forbid tho bringing of the said lands under the operation of the said Act. Dated this twcntyrcighth day of January. 1859.

Robert Smitii.—Address, 7, llanson-strcet, Adelaide.

Signed in my presence, this twenty-eighth day of January, 1869.at Adelaide, William Jackson, J.P.

To tho Rcgistiar-Ucnoml ut tho Proyluco of South Australia.

Con-cot for tho proposes of the Real Property Act— Robert Smith.

(K.)CAVEAT FOR THE PROTECTION OF A PERRON HAVING AN

UNREGISTERED INTEREST.To the Registrar-General of South Australia —

Take notice that 1, Thomas Jones, of Adelaide, gentleman, claiming estate or interest as beneficially entitled under deed of settlement, dated second day of November, 1859, in all that section of land No. 5i), in Hundred of Wlllunga, County of Adelaide, forbid the registration of any memorandum of lale, or other instrument, made, signed, or executed by John Smith, Robert Robinson, and lleurv Jackson, the trustees appointed by instrument of nomination, dated fourteenth of October. 1858, affcctiug the said land, until fourteen days have elapsed after notice of intention to register such trans­action has been trauaraitted through the General Post-OiDce to me, at my uddress, as under w ritten.

Dated this third day ot January, 1859.Thomas Jonf.s, 7, Lipson-strcet, Port Adelaide.

Signed in my presence, this third day of January, 1859, Frederick Thompson, J. P

[Endorsement to the above.]Correct for the purpose ot the Real Property Act—

Thomas Jone3.

TRANSMISSIONS.UT MARRIAGE.

78. After the itinrriage of n female registered proprietor ot any estato or interest in land under the Act. aud before the Registrar-General can give effect to any dealings with thesaiue by such proprietor, it is necessary that the mar­riage should be authenticated to hint by the production of the register thereof, accompanied by an application to have tlie particulars noted in the register-book, and ou the grant or other instrument evidencing the title of such fcmal pro­prietor. aud the husband of such female proprietor shall thereupon, unless the land bo held tor her separate use, be

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entitled to be registered as co-prcpiiotor in right of hia wife.

BY INSOLVENCY.

19. Upon the insolvency of the registered proprietor of an estate or interest in land under the Act, and before the Registrar-General can give effect to any dealings with such estate or interest by the assignees, it is necessary tliat such insolvency be authenticated to him by production of a certi­fied copy of the appointment of assignees to the cstato of such Insolvent proprietor, and thai application be made to havo tlie particulars of such appointment entered in the register-book, and on the grant or other instrument eviden­cing tho title of such insolvent proprietor, upon which being done the assignees will hold tho estate subject to the equities upon, or subject to which tho insolvent held the same.

BY WILL, OR INTESTACY.

so. Before effect can bo given by the Registrar-General to any transfer or dealing with any mortgage or leasehold In­terest in land under the Act, by tho person claiming suoh estate or interest as legatee, or executor, or administrator tinder the will, or upon tho intestacy of tho former pro­prietor, tho particulars of tho death and of tho transmission ol the property must bo authenticated to tlie Registmr- General, by probate or office copy of tho will; or. III case of Intestney, by tho letters of administration. These will sulllce to wnrrant tho Registrar-General In giving effect to dealings by a devisoe, cxeoulor, or administrator, with any mortgage, encumbrance, or leasehold interest registered under the Act.

81. When & freehold estate is transmitted, the devisee, heir-at-law, or tenant by courtesy, must apply to be regis­tered in the form and manner described in Circular Letter No. i, for the case of the first bringing of land under tho Aot, and must deposit with the Registrar-General the graut or certIficate of title with the will or an office copy or pro­bate of the will, or the settlement under which he claims; or, in the case of intestacy, such evidence of heirship as he may be enabled to produce,

82. Hie claim of the devisee or heir-at-law, will then boadvertised as may be directed by the Lands Titles Commis­sioners, and if no caveat be lodged within the time limited in such direction, certificate of title will be issued vesting tho estate in him. %

LOSS OR DESTRUCTION OF LAND GRANT OR OTHER INSTRUMENT, ISSUE OF FRESH CER­TIFICATE OF TITLE, OR CERTIFIED COPY.

83. The duplicates of all land grants and certificates of title aro brand up in tho register-book, each constituting a folium or page, upon which the memorials of leases, mort­gagee, transfers, discharges from nortgage, surrender of lease, and all other dealings affecting that particular piece of land are recorded; together with numbers and symbols for reference to tho duplicates ol those lenses, mortgages, &c.t deposited in tho strong room of the Lands Titles Office. Whenever, therefore, a land grant or certificate of title fa lost or destroyed, a fresh certificate of title can be obtained, with all particulars affecting the til lo recorded as upon the original; and such fresh certificate will be available for all purposes for which the lost or destroyed grant or certificate was available.

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84. Before issuing suoh freah oertlflcatc the Reglatrar- OeDeral will require the fact of the loss or destruction, with attendant circumstances, to be authenticated to 1dm by a declaration subscribed before a Justice of the Peace, and such other evidence as the proprietor shall be enabled to pro­duce. The Registrar-Ucncral will also give notice of Inten­tion to issue such lresh certificate by advertisement in the Gazette, and in the dally and weekly papers.

85. The cost of the advertisements will be about thirty shil­lings, aud of »he fresh certificate twenty shillings.

8G. Upon the loss of a lease, mortgage, or encumbrance, or other Instrument evidencing title to a registered estate, or interest less than an estate in fee, the duplicate of the same deposited in tlie strong room will be available for all pur­poses of dealing by the parties Interested, aud a certified copy available as evidence in all Courts of law or equity can be had on application, at tho cost of a few shillings.

87. Proprietors desiring to procure certificates of tltlo freo from memorials and records disclosing past liabilities or transactions whloh hove ceased to nficct the find, can do so upon the surrender of the existing grant or certificate and payment of twenty shilling*.

88. Proprietors desiring io have the land included In two or more grants, or certificates represented In one certificate; can do so in liko manner at tho samo clmrgu of twenty shillings.

hd. Persons requiring to have tho land Included In ono grunt or certificate subdivided aud represented under two or inoro separate certificates, must surrender tlie existing grunt or certificate, nnd supply a map of tho property snowing tlie subdivisions, authenticated by tho declaration of n licensed surveyor. Twenty shillings will bo charged for each errtifleate.

R. ft. TORRENS, Registrar-General.

P.~FEES PAYABLE for the PERFORMANCE of tho several ACTS, MATTERS, and TI1INUS herein specified.

For the brining land under the provisions of this Act over nnd above tho cost of all advertisements herein pre­scribed to be In such cass published When the title consists of a giant, dated on or

subsequent to the 1st of March, 1H42, and none of tho land Included therein lias been dealt with £0 2 0

When the title is of any other description, and thevaluo exceeds £300 .............................................. 1 0 0

Ditto ditto ditto, exceeds £200,nnd does not exceed £300 ................................... 0 15 0

Ditto ditto ditto, exceeds '£100,and does not exceed £200 ................................... 0 10 0

Ditto ditto ditto, when tho valuedoes not exceed £100 .............................................. 0 5 0Contributions to assurance fund upon first bringing land

under tills Act, and upon the registration of an estate of freehold in possession, derivod by settlement, will, or intes­tacy : —In the pound sterling .........................................- ... 0 0 0}

Other fees—For every application to bring land under tho Act 0 5 0For every certificate of title ...................................10 0Registering memorandum of transfer, mortgage,

encumbrance, or lease............................................. 0 10 0K

7°i

G2

Registering transfer or discharge of mortgage or of encumbrance, or the transfer or surrender ol alrnse................................................................................................

Registering proprietor of any estate or interestderived by settlement or transmission .................

For every power of attorney ...........................................For every registration abstract...........................................For cancelling registration abstract..............................For ever revocation order ...........................................Noting caveat ......................................................................Cancelling or withdrawal of caveat, and service of

notice to caveator or rnveateo ... .................Issuing order for foreclosure ...........................................F* r every search......................................................................For every general search................. ............................ .For every map or plan deposited ..............................For every Instrument declaratory of trusts and for

every will or other instrument deposited.................For registering recovery by proceeding in law or

equity, or re entry by lessee ............................ .For registering vesting of lease In mortgagee, con­

sequent on refusal of assignees to accept thosame ................. ...........................................

For entering notice of marriage or death.................For entering notice of writ or order of Supremo

Court ... ••• ... ... ••• •••Taking acknowledgment of married women ... Taking declaration in case of lost grant, or other

Instrument, or whero production of duplicate isdispensed with......................................................................

Taking affidavit or statutory declaration .................For the exhibition or return of any deposited in­

strument, or for exhibiting or returning deedssurrendered by applicant proprietor .................

For certified copy, first five tolios, per folio ofseventy-two words .........................................................

For every folio or part iolio after first five ... For every instrument drawn on parchment ... When any instrument purports to deal with land

included in more than one grant or certificate, for each registration memorial alter the first ...

0 5o0 10 0 0 10 0 10 0 0 6 0 0 10 0 0 10 0

0 6 0 10 0 0 2 0 0 6 0 0 6 0

0 10 0

0 10 0

0 10 0 0 10 0

0 10 0 0 6 0

0 10 0 0 6 0

0 6 0

0 6 0 0 0 8 0 2 6

0 2 0

Q.—SCALE OF CHARGES FOR LAND BROKERS. For application to bring land under the Real Pro­

perty Act, whero the land remains tn tho original grantee, although it may lmve been, or still remains, subject to lease or mortgage—*

Where the value docs not exceed £400 ............. 0 10 0Where the value does not exceed £800 ............. Jth^ct.Where the value exceeds JC800' ........................10 0

For filling up and entering caveats, exclusive of any professional charges incident to litigation pending 0 10 0

Memorandum of transfer, lease, mortgage or en- cumbiance- f

• These charges include filling up application, pro­curing declaration and signatures, procuring diagram from Land Office, and attendance and delivery at Kegistr) Office. Y\ here the title has not remained in tho original grantee, an extra charge may be made proportioned to the trouble, such cases beiug more in the nature of con­veyancing.

fin the case of lease, and of annuity secured by encum­brance, ten years’ rent, or ten years of such.annuity, to be assumed as tho value, lor the purpose of calculating the per centagc.

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Where the value does not exceed £400 ............. 0 10 0Where it exceeds £400 ...................................$th Vet,Where it exceeds £hoo .................................. 10 0

Whenever any Implied covenant is modified, or any covenant not being of those for which abbreviated forms of words are hereinbefore prescribed, is introduced in any instrument, extra ... ... 0 6 0

Whenever any original section, or allotment, or parcel of land included in an existing grant or other instrument,is broken in any dealing, extra ........................0 10 0

Transfer of mortgage or lease, or surrender otlease .................................................................. £0 5 0

Tower of Attorney without registration abstract... 0 10 0 Tower of Atnorney with registration abstract ...10 0

ARRANGEMENT OP CLAUSES OF THE ACT OP 1800.

I’ll Kid MIN ARY.1. Repeal of previous Act.2. Short Title.n. Interpretation.

TART L.APPOINTMENT, POWERS, AND FUNCTIONS OF EMPI.OTEF.3.

4. Persons holding office under previous Acts to perform duties under this Act.

G. Removal nnd appointment of officers.6. Functions of Deputy Registrar-General.7. Appointment and duties of Acting-Registrar.8. Time lrom which Acting-Registrar shall act or cease to

act.9. Number and remuneration of Lands Titles Commis­

sioners.10. Commissioner or Solicitor not to practise.11. Oaths of office.12. Towers of Registrar.

TART II.PROCEDURE IN BRINGING LAND UNDER PROVISIONS OP

THIS ACT.

13. Land alienated in fee from the Crown to be subject to the provisions of this Act.

14. Lands granted prior to this Act maybe brought under operation of this Act

15. Applicant to surrender title, and furnish abstract if re­quired.

16. Application, how to be dealt with by LandsTitlea Com­missioners when npplicaut is original grantee, and no transactions registered.

17. When applicant is not original grantee, or any tran­sactions registered.

18. When evidence of title is imperfect.19. Notice of application to be published.20. Land brought under this Act.21. On a return of notices, or failure of personal ser­

vice, Registrar-General to apply to Lands Titles Com­missioners.

22. Tarties interested may enter caveat23. If caveat be received within limited time, proceedings

stayed.

Cl

24. Caveats lapse unless proceedings taken within three months.

26. Applicant proprietor may withdraw hia application.26. Instruments of title including other property, to be re­

turned to applicant proprietor.27. Certificate of title to Issue In name of deoeaeed applicant

proprietor.28. Per oentage In the pound to bo levied for assurance of

title.22. Assurance Fund to be vested in Government securities.3D. lteversion expectant on leaso not to be extinguished.

1\AUT III.REGISTER BOOK, MODE OP REGISTERING, AND MTECT OF

REGISTRATION.31. Registrar-General to keep register book.32. Certificate of title to be in duplicate, and to be bound

up in register; if Issued to person under disability, such disability to bo stated.

33. Certificate to bo conclusive cvldenco ol the title, and that tho land 1ms been duly brought under the Act

34. Grnnts nnd certificates of title registered when em­bodied In register liook; Instruments registered when memorial thereof has been entered in register book; definition of rcglstcnid proprietor.

36. instruments to bn in duplicate, nnd entitled to priority according to dato of registration ; when registered to bo deemed to bo embodied In register book, and to have the effect of a deed.

30. General covenants to be implied in instruments.37. Memorial defined.38. Mtinorial to be recorded on duplicate grant or other in­

strument ; certificate of registration to be evidence.39. Instruments not effectual until entry in registry book.40. Kstate of registered proprietor paramount.41. Instruments not to be registered, unic33 In accordance

with prescribed forms.PART IV.DEALINGS.

42. Transfer.43. Easements and incorporeal rights to be registered.41. If estnto or freehold be registered, certificate of title to

be delivered up and cancelled, so far as regards the por­tion of land transferred.

46. Fresh certificate to be issued to purchasers, and certifi­cate for the balance, If any, to be issued to proprietor, or to a registered transferee thereof.

46. Tronsierce of land, subject to mortgage or encumbrance* to indemnify transferor.

47. Lands, under the provisions of this Act, how leased.48. Lensc may be surrendered by endorsement by lessee*

with concurrence of lessor.49. Covenants to be implied against lessee.60. Powers to be implied in lessor.61. Register-General to note particulars of re-entry In

register book.62. Knnd. under this Act, how mortgaged or encumbered.63. Mortgage or encumbiance not to operato as transfer;

procedure in case of default.51. Powers to sell; appropriation of proceeds.65. Registrar-Gencial to give effect to sale by mortgage

or encumbrancee.68. In case of default, mortgagee or encumbrancee mny enter

and take possession, distrain, bringing action for eject- went, or may foreclose right of redemption.

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57. Mortgagee or encumbrancee may distrain on tenant or occupier for arrears, not exceeding tlie amount of rent due by finch tenant or occupiers; no lessee liable foe greater sum than the amount ot rent actually owing by lilm.

63. Mortgagee or encumbrancee of leasehold entering Into possession of rent and profits, becomes liable to lessor.

G9. Discharge of mortgages and encumbrances.60. Entry of satisfaction of annuity.61. Mortgage money may be paid to Treasurer, If mortgagee

be absent from tlie colony.62. Covenants to be implied In every memorandum of

mortgage.63. Transfer of mortgage, and of encumbrance, and of

lease.64. Transfer of mortgage or lease Includes transfer of right

to sue thereunder; saving powers of Courts of Equity to give eiTect to trusts.

65. Abbreviated form of words for expressing covenants to bo as effectual as if such covenants were set forth in words at length—insure, paint outside, paint and paper Inside, fence, cultivate, not uso as n shop, offensive trades, assign or sublet, out timber, business of publican In orderly manner, apply for renewal of licence, facili­tate the transfer of licence.

60. No notice of trufltii to bo entored In roglstor book i Instrument declaring trusts to be deposltod, but not registered.

67. Insertion of the words “ no survivorship ” In Instru­ment oi appointment of trustees to operate to prevent a less number of trustees than those registered dculiug with the land, without order of Court.

€8. Notice to bo published before effect is given to order.69. Towers of attorney.70. Registration abstract for registering dealings without

the limits of the province.71. Mode of procedure under registration abstract.72. Proceeding upon delivery of registration abstract to tha

Registrar-General73. Procedure when registration abstract Is lost.74. Revocation of power of attorney.

PART V.TRANSMISSIONS.

75. Transmission by bankruptcy or insolvency—upon entry of appointment, assignees to be deemed regis­tered proprietors; but to hold subject to equities.

76. Mortgagee of the leasehold interest of an insolvent lessee may app ly to be entered as transferee of the lease.

77. Marriage of a female proprietor to be certified to the Registrar-General - particulars to be entered in register book, aud on tlie instrument evidencing title.

78. Transmission of personal estate of deceased proprietors —will or probate, or letters of administration, or order of Court, to bo produced.

79. fleir-at-law or devisee may apply to tho Registrar- General to be registered as proprietor.

80. Application to be referred to Lands Titles Commissioners. Notice thereof to be published In Gazette. Upon tho expiration of the time limited by Commissioners, appli­cant to be entered in register book, but to hold subjoot to tho trusts to which tho land is iiablo by law.

GG

PA IM’ VI.GENERAL PROVISIONS.

81. Caveat may be lodged.82. Notice of caveat to be given. Caveator may be sum­

moned to show cause. Except in certain cases, caycat to lapse after twenty.one days* notice given to caveator.

83. No entry to be made in registry book affecting lands in respect to which caveat continues in force.

84. Compensation for lodging caveat without reasonable cause.

85. Proprietor may vest estate jointly in himself and others, without limiting any use or executing any assignment.

86. Persona registered as joint proprietors to be Joint tenants. Tenants In common to receive cacli a distinct certificate of title.

87. Registration of survivor of Joint proprietors.88. Remainderman or reversioner may ar.ply to be regis­

tered as such on the certificate of title of the tenant for life. Application to be referred to the Lands Titles Commissioners.

83. Implied covenants may be modified or negatived ; and to be several, and not joint.

90. Seal ot office to be received in evidence.91. Registrar-General, with sanction of Governor, to issue

forms of instruments, &o92. Registrar-General may dispense with the duplicates of

certificates of titlo and other Instruments in certain cases; but notice to be given before registering auy dealing.

93. Sales by Sheriff, or under order of Supreme Court94. Seal or Corporation substituted tor signature.95. Attestation of instruments. Execution of instruments,

before whom to be proved.90. Mode of proving instruments. '97. Acknowledgment, of married women to be taken before

Registrar-General, or poison legally authorized.98. Upon surrender of existing grants or certificates of

title, the proprietor may obtain a single certificate for ell land included therein.

99. Provision, In case ol lost grant.100. Dealings may be registered prior to the issue of grant

from the Crown.101. Duplicates of future public maps to be deposited.102. Proprietor may deposit map.103. Registrar-General may require map to be deposited.104. Certified copies signed and sealed to be furnished by

Registrar-General, and to be received in evidence.PART VII.

RIGHTS, REMEDIES, AND PROCEDURES.

105. Search allowed.106. Registrar-General may license land brokers.107. Authority to register; penalty for registering Incorrect

instruments.108. Fees to be charged.109. Registrar-General to pay moneys info Treasury, and

to render accounts; parties entitled to be paid by Treasurer upon proper warrant.

110. Proprietor may summons Registrar-General to show cause. If dissatisfied ; expense to be borne by appHc&ut,

111. Power to Registrar-General to state case for Supreme Court or direct issue to be tried.

112. Registrar-General to carry out order of Supreme Court, vesting trust estate. .

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113. Action may be brought by person claiming benofl- ciary Interest In name of trustee; trustee to be indem­nified.

114. Purchaser from registered proprietor not to be affected by notice.

115. Registered proprietor bringing suit for specific per­formance to be entitled to decree.

116. Right ol mortgagee ol lease not to be barred.117. Mortgagee, encumbrance**, or landlord, may obtain pos­

session in certain cases.118. Mortgagor or encumbrancer tendering the principal, in­

terest, and costs in Court, and paying the same to the Treasurer, shall be deemed a full satisfaction.

119. Where term has expired, or been determined bv notioe, Court may order ^session to be given forthwith,

120. LIow summonses to be served.121. Mortgagee may apply to Registrar-General for an order

for fort closui e.122. Application to be referred to Lands Titles Commis­

sioners.123. N tice to be given of intention to sign certificate or fore­

closure order. Persona interested may attend and pro­hibit such signature.

124. Uegisti-red proprietor protected against ejeotment except In certain cases.

125. Compensation of party deprived of lund.126. Purcuasera und mutt gagers protected.127. If registered proprietor be dead, action to be against

Registrar-General ns nominal defendant.128. Actions for recovery of damages may In certain cases be

brought against the Registrar-General as nominal de- lendaut; Treasurer, on receipt of warrant from Gover­nor, to pay amount of award; notice of action to be served on Registrar General and Attorney-General.

129. It action discontinued or plaintiff nousuited, tho nominal defendant entitled to costs.

130. Limitation of action; persons having notice, or cog­nizant, neglecting to caveat, barred. .

131. Moneys paid out of assurance fund may be recovered.132. Assurance fund not liable in certain cases.133. Registrar-General not to be liable for acts done bond fide,134. Certificate of title to be void ab initio if any person is in

possession and rightfully entitled adversely to the applicant proprietor.

115. Person to whom certificate or other instrument of title has been issued in error, or who wrongfully retains such instrument, may be summoned, or refusing to deliver up certicate for cancellation or correction, may be arrested aud brought before a Judge of tho Supreme Court. ...

136. Party appearing may be examined on oath; Court nmy order the delivery of the instrument to the Registrar-General; in case of neglect or refusal, Registrar-Geueral may issue a fresh certificate or other instrument.

137. Powers of Court to direct cancellation of certificate or entry In certain cases.

135. Certain fraudulent acts to be deemed misdemeanors.139. Forgery to be a felony.140. Punishment of felony.141. Conviction not to nflect civil remedy.142. Rules of Supreme Court to apply, and same right of

appeal as in ordinary actions; Supreme Court may make rulep, &e.

143. Jurisdiction.14t. Local Courts to have jurisdiction in actions of eject­

ment, in eei lain cases.118. Commencement of Act*

CiL.* 5