No. IX.
A n Act for t h e Declaration of Titles to Land and to facilitate its Transfer. [7th November, 1862.]
H E R E A S it is e x p e d i e n t to provide for t h e declaration of titles to l a n d a n d t o facilitate t h e transfer of l a n d B e it therefore enacted b y t h e Q u e e n ' s M o s t E x c e l l e n t Majesty b y a n d w i t h t h e advice and consent of t h e Legislative Council a n d Legislative A s s e m b l y of N e w S o u t h W a l e s i n P a r l i a m e n t assembled a n d by t h e a u t h o r i t y of t h e same as follows :-- Preliminary. 1. A l l laws s t a t u t e s A c t s ordinances rules r e g u l a t i o n s a n d p r a c  tice w h a t s o e v e r r e l a t i n g t o freehold a n d o t h e r i n t e r e s t s i n l a n d so far as i n c o n s i s t e n t w i t h t h e provisions of t h i s A c t a r e h e r e b y repealed so far as r e g a r d s t h e i r application t o l a n d u n d e r t h e provisions of t h i s A c t or t h e b r i n g i n g of l a n d u n d e r t h e operation of t h i s A c t . 2. T h i s A c t m a y be cited for all p u r p o s e s as t h e " R e a l P r o p e r t y Act." 3 . I n t h e c o n s t r u c t i o n a n d for t h e p u r p o s e s of t h i s A c t a n d i n all i n s t r u m e n t s p u r p o r t i n g to b e m a d e or e x e c u t e d t h e r e u n d e r (if n o t inconsistent w i t h t h e c o n t e x t a n d subject m a t t e r ) t h e following t e r m s i n inverted c o m m a s shall b e a r t h e respective m e a n i n g s set a g a i n s t them:-- " L a n d " -- L a n d m e s s u a g e s t e n e m e n t s a n d h e r e d i t a m e n t s cor poreal a n d incorporeal of every k i n d a n d description or a n y estate or i n t e r e s t t h e r e i n t o g e t h e r w i t h all p a t h s passages w a y s w a t e r c o u r s e s liberties privileges easements plantations

W

p l a n t a t i o n s g a r d e n s m i n e s m i n e r a l s a n d q u a r r i e s a n d all t r e e s a n d t i m b e r t h e r e o n or t h e r e u n d e r l y i n g or b e i n g u n l e s s a n y such are specially excepted. " G r a n t " -- A n y C r o w n g r a n t of l a n d . " P r o p r i e t o r " -- A n y p e r s o n seised or possessed of a n y freehold or o t h e r estate or interest i n l a n d a t law or i n equity i n possession i n futurity or expectancy. " Transfer " -- T h e p a s s i n g of a n y estate or i n t e r e s t i n l a n d u n d e r t h i s A c t w h e t h e r for v a l u a b l e consideration or otherwise. " T r a n s m i s s i o n " -- T h e a c q u i r e m e n t of t i t l e t o or i n t e r e s t in l a n d c o n s e q u e n t o n t h e d e a t h will i n t e s t a c y b a n k r u p t c y insolvency or m a r r i a g e of a proprietor. " M o r t g a g e " -- A n y c h a r g e on l a n d created m e r e l y for s e c u r i n g a debt. " M o r t g a g o r " -- T h e p r o p r i e t o r of l a n d or of a n y estate or i n t e r e s t i n l a n d pledged as security for a debt. " M o r t g a g e e " -- T h e p r o p r i e t o r of a m o r t g a g e . " E n c u m b r a n c e " -- A n y c h a r g e on l a n d created for t h e p u r p o s e of s e c u r i n g t h e p a y m e n t of a n a n n u i t y or s u m of m o n e y o t h e r t h a n a debt. " E n c u m b r a n c e r " -- T h e p r o p r i e t o r of a n y l a n d or of a n y estate or i n t e r e s t i n l a n d c h a r g e d w i t h a n y a n n u i t y or s u m of m o n e y o t h e r t h a n a debt. " E n c u m b r a n c e e " -- T h e p r o p r i e t o r of a n e n c u m b r a n c e . " L u n a t i c " -- A n y p e r s o n w h o shall h a v e b e e n found to b e a l u n a t i c u p o n i n q u i r y b y t h e S u p r e m e C o u r t or b y a n y J u d g e thereof or u p o n a commission of i n q u i r y issuing o u t of t h e S u p r e m e C o u r t in t h e n a t u r e of a w r i t de luna tico inquirendo. " P e r s o n of u n s o u n d m i n d " -- A n y p e r s o n n o t a n infant w h o n o t h a v i n g b e e n found to be a l u n a t i c shall be found u p o n like i n q u i r y t o be incapable from infirmity of m i n d to m a n a g e h i s o w n affairs. " C o n s u l a r O f f i c e r " -- C o n s u l G e n e r a l Consul a n d Vice Consul a n d a n y p e r s o n for t h e t i m e discharging t h e duties of Consul G e n e r a l Consul or Vice Consul. " I n s t r u m e n t " -- A n y g r a n t certificate of t i t l e conveyance assurance deed m a p p l a n will p r o b a t e or exemplification of will or a n y o t h e r d o c u m e n t i n w r i t i n g r e l a t i n g t o t h e transfer or other dealing w i t h l a n d or evidencing title t h e r e t o . " Sworn v a l u a t o r " -- A n y person appointed by the Governor w i t h t h e advice of t h e E x e c u t i v e Council t o v a l u e l a n d under this Act. T h e describing a n y p e r s o n as a p r o p r i e t o r transferror transferree m o r t g a g o r m o r t g a g e e e n c u m b r a n c e r e n c u m b r a n c e e lessor or lessee or as t r u s t e e or as seised of h a v i n g or t a k i n g a n y estate or i n t e r e s t i n a n y l a n d shall be deemed to i n c l u d e t h e h e i r s e x e c u t o r s a d m i n i s t r a t o r s a n d assigns of such person. A n d generally u n l e s s t h e c o n t r a r y shall a p p e a r from t h e c o n t e x t w h e n e v e r a form i n a n y Schedule h e r e t o is directed to b e used such direction shall a p p l y equally t o a n y form t o t h e like effect signed b y t h e R e g i s t r a r G e n e r a l or s t a m p e d w i t h his seal or w h i c h for t h e same p u r p o s e m a y b e a u t h o r i z e d i n conformity w i t h t h e provisions of t h i s A c t a n d a n y v a r i a t i o n from a n y such form n o t b e i n g i n m a t t e r of s u b s t a n c e shall n o t affect its validity or r e g u l a r i t y b u t it m a y b e used w i t h such a l t e r a t i o n s as t h e c h a r a c t e r of t h e p a r t i e s or t h e c i r c u m s t a n c e s of t h e case m a y render necessary.
PART

P A S T I.-- Appointment Towers and Functions of Employes. 4. T h e d e p a r t m e n t of t h e R e g i s t r a r General shall be t h e depart m e n t a u t h o r i z e d t o carry i n t o execution t h e provisions of t h i s A c t a n d t h e R e g i s t r a r G e n e r a l a n d other officers a n d clerks of t h e said d e p a r t m e n t at t h e t i m e of t h i s A c t c o m i n g i n t o operation shall perform all t h e duties of t h e i r respective offices u n d e r t h i s A c t . 5. The Governor w i t h t h e advice of t h e E x e c u t i v e Council m a y a p p o i n t t o t h e said d e p a r t m e n t such D e p u t y R e g i s t r a r s G e n e r a l a n d o t h e r officers a n d clerks as m a y be necessary for c a r r y i n g o u t t h e provisions of t h i s A c t a n d m a y likewise a p p o i n t t w o or m o r e persons being b a r r i s t e r s or solicitors t o be " E x a m i n e r s of T i t l e s " hereinafter styled " E x a m i n e r s " to advise a n d assist in c a r r y i n g o u t t h e said provisions. 6. T h e G o v e r n o r w i t h t h e advice aforesaid m a y a p p o i n t t h r e e or m o r e p e r s o n s of w h o m t h e R e g i s t r a r G e n e r a l shall be one ex officio to b e Commissioners for i n v e s t i g a t i n g a n d dealing w i t h applications for b r i n g i n g l a n d u n d e r t h e provisions of this Act a n d for o t h e r p u r  poses hereinafter a p p o i n t e d T h e style of such Commissioners shall be " T h e L a n d Titles C o m m i s s i o n e r s " hereinafter styled " C o m m i s s i o n e r s " T h e unofficial m e m b e r s shall be r e m u n e r a t e d by fees specified in t h e Schedule h e r e u n t o m a r k e d P and at all m e e t i n g s t w o shall form a quorum. 7. T h e R e g i s t r a r G e n e r a l shall have a n d use a seal of office b e a r i n g t h e impression of t h e R o y a l A r m s of E n g l a n d a n d h a v i n g inscribed in t h e m a r g i n thereof t h e w o r d s " R e g i s t r a r G e n e r a l N e w S o u t h W a l e s " a n d every i n s t r u m e n t b e a r i n g t h e i m p r i n t of such seal a n d p u r p o r t i n g to b e signed or issued by t h e R e g i s t r a r G e n e r a l or b y a n y D e p u t y R e g i s t r a r G e n e r a l shall b e received i n evidence a n d shall be deemed to b e signed or issued b y or u n d e r t h e direction of t h e R e g i s t r a r G e n e r a l w i t h o u t f u r t h e r proof unless t h e c o n t r a r y be shown. 8. W h e n e v e r b y a n y law for t h e t i m e b e i n g i n force in t h e Colony a n y t h i n g is a p p o i n t e d to be done b y t h e R e g i s t r a r G e n e r a l t h e same m a y b e lawfully done b y a n y D e p u t y R e g i s t r a r General. 9. I t shall n o t be lawful for a n y p e r s o n w h i l s t h o l d i n g t h e office of E x a m i n e r of Titles or of L a n d Titles Commissioner u n d e r t h i s A c t to e n g a g e i n p r i v a t e practice as a b a r r i s t e r or as a n a t t o r n e y or solicitor or b e in p a r t n e r s h i p w i t h or employed b y a n y a t t o r n e y or solicitor. 10. T h e o a t h following shall be t a k e n before one of t h e J u d g e s of t h e S u p r e m e C o u r t b y t h e persons a t p r e s e n t h o l d i n g t h e offices of R e g i s t r a r G e n e r a l or D e p u t y R e g i s t r a r G e n e r a l respectively a n d b y e v e r y R e g i s t r a r G e n e r a l a n d D e p u t y R e g i s t r a r G e n e r a l hereafter a p p o i n t e d before e n t e r i n g u p o n t h e execution of his office u n d e r this Act-- I A . E . do solemnly swear t h a t I will faithfully a n d to t h e best of m y ability e x e c u t e a n d perform t h e office a n d duties of R e g i s t r a r G e n e r a l or D e p u t y R e g i s t r a r G e n e r a l for t h e Colony of N e w S o u t h W a l e s So h e l p m e God. 1 1 . T h e R e g i s t r a r G e n e r a l m a y exercise t h e following powers t h a t is t o s a y -- (1.) l i e m a y r e q u i r e t h e p r o p r i e t o r or o t h e r p e r s o n m a k i n g . application to h a v e a n y l a n d b r o u g h t u n d e r t h e provisions of t h i s A c t or t h e p r o p r i e t o r or m o r t g a g e e or other p e r s o n i n t e r e s t e d i n a n y l a n d u n d e r t h e provisions of t h i s A c t i n respect of w h i c h a n y transfer lease m o r t g a g e e n c u m  b r a n c e or o t h e r dealing or a n y release from a n y m o r t g a g e or e n c u m b r a n c e is a b o u t to be t r a n s a c t e d or in respect of which a n y transmission is a b o u t to b e registered or regis t r a t i o n a b s t r a c t g r a n t e d u n d e r t h i s Act to p r o d u c e a n y grant

g r a n t certificate of t i t l e conveyance deed m o r t g a g e lease will or o t h e r i n s t r u m e n t i n his possession or w i t h i n his c o n t r o l affecting such l a n d or t h e t i t l e t h e r e t o . (2.) H e m a y s u m m o n a n y s u c h p r o p r i e t o r m o r t g a g e e or o t h e r person as aforesaid t o a p p e a r a n d give a n y e x p l a n a t i o n r e s p e c t i n g s u c h l a n d or t h e i n s t r u m e n t s affecting t h e t i t l e t h e r e t o a n d if u p o n r e q u i s i t i o n i n w r i t i n g m a d e b y t h e R e g i s t r a r G e n e r a l s u c h p r o p r i e t o r m o r t g a g e e or o t h e r person refuses or neglects t o p r o d u c e a n y s u c h i n s t r u m e n t or t o allow t h e s a m e t o b e inspected or refuses or neglects t o give a n y e x p l a n a t i o n w h i c h h e is hereinbefore r e q u i r e d t o give or k n o w i n g l y misleads or deceives a n y p e r s o n hereinbefore a u t h o r i z e d t o d e m a n d a n y such e x p l a n a t i o n h e shall for each such offence i n c u r a p e n a l t y n o t e x c e e d i n g one h u n d r e d p o u n d s a n d t h e R e g i s t r a r G e n e r a l if t h e i n s t r u m e n t or i n f o r m a t i o n so w i t h h e l d a p p e a r s to h i m m a t e r i a l shall n o t be b o u n d t o proceed w i t h t h e b r i n g i n g of s u c h l a n d u n d e r t h e provisions of t h i s A c t or w i t h t h e r e g i s t r a t i o n of such transfer or o t h e r dealing or w i t h t h e issuing of s u c h r e g i s t r a t i o n a b s t r a c t as t h e case m a y be. (3.) H e m a y a d m i n i s t e r oaths or m a y t a k e a s t a t u t o r y declara t i o n i n lieu of a d m i n i s t e r i n g a n oath. (4.) H e m a y u p o n s u c h evidence as shall a p p e a r t o h i m a n d t h e L a n d s Titles Commissioners sufficient i n t h a t behalf correct e r r o r s i n certificates of t i t l e or i n t h e R e g i s t e r B o o k or i n entries m a d e t h e r e i n respectively a n d m a y s u p p l y e n t r i e s o m i t t e d t o be m a d e u n d e r t h e provisions of t h i s A c t P r o v i d e d always t h a t i n t h e correction of a n y s u c h e r r o r h e shall n o t erase or r e n d e r illegible t h e original words a n d shall affix t h e d a t e on which s u c h correction w a s m a d e or e n t r y supplied w i t h h i s initials a n d every certificate of title so c o r r e c t e d a n d every e n t r y so corrected or supplied shall h a v e t h e like v a l i d i t y a n d effect as if s u c h error h a d n o t been m a d e or s u c h e n t r y o m i t t e d except as r e g a r d s a n y e n t r y m a d e i n t h e R e g i s t e r Book prior t o t h e a c t u a l t i m e of correcting t h e error or s u p p l y i n g t h e omitted entry. (5.) H e m a y e n t e r caveat on behalf of a n y p e r s o n w h o shall b e u n d e r t h e disability of infancy c o v e r t u r e l u n a c y u n s o u n d n e s s of m i n d or absence from t h e Colony or o n behalf of H e r M a j e s t y H e r H e i r s or Successors t o p r o h i b i t t h e transfer or d e a l i n g w i t h a n y l a n d b e l o n g i n g or supposed to b e l o n g to a n y s u c h persons as hereinbefore m e n t i o n e d a n d also t o p r o h i b i t t h e dealing w i t h a n y l a n d in a n y case i n w h i c h it shall a p p e a r to h i m t h a t a n e r r o r h a s been m a d e b y misdescription of s u c h l a n d or other wise i n a n y certificate of t i t l e or o t h e r i n s t r u m e n t or for t h e p r e v e n t i o n of a n y fraud or i m p r o p e r dealing. bringing Land under the provisions of this Act. 12. A l l w a s t e l a n d s a n d all l a n d s set a p a r t for p u b l i c p u r p o s e s r e m a i n i n g u n a l i e n a t e d from t h e C r o w n on t h e day on w h i c h t h i s A c t shall come i n t o o p e r a t i o n shall w h e n alienated i n fee b e subject t o t h e provisions of t h i s A c t T h e g r a n t s of s u c h l a n d shall b e i n d u p l i c a t e a n d every s u c h g r a n t i n a d d i t i o n t o p r o p e r words of description shall c o n t a i n a d i a g r a m of t h e l a n d t h e r e b y g r a n t e d on s u c h scale as t h e G o v e r n o r w i t h t h e advice aforesaid m a y from t i m e t o t i m e direct a n d shall b e delivered to t h e R e g i s t r a r G e n e r a l w h o shall register t h e same i n m a n n e r hereinafter directed. 13. PART II.--Procedure in

1 3 . L a n d alienated from t h e C r o w n i n fee prior to t h e day o n w h i c h t h i s A c t shall come i n t o operation ( w h e t h e r s u c h l a n d shall c o n s t i t u t e t h e whole or only p a r t of t h e l a n d included i n a n y g r a n t ) m a y h e b r o u g h t u n d e r t h e provisions of t h i s A c t i n t h e following m a n n e r t h a t is to say T h e R e g i s t r a r G e n e r a l shall receive applica t i o n s i n form A of t h e S c h e d u l e h e r e t o if m a d e b y a n y of t h e following p e r s o n s :-- B y a n y person c l a i m i n g to be t h e person i n w h o m t h e fee simple is vested i n possession e i t h e r a t law or i n e q u i t y Provided t h a t w h e r e v e r t r u s t e e s seised in fee simple h a v e n o express power to sell t h e l a n d which t h e y m a y seek to b r i n g u n d e r t h e o p e r a t i o n of t h i s A c t t h e p e r s o n claiming t o b e b e n e  ficially e n t i t l e d for t h e first life estate or o t h e r g r e a t e r estate t h a n a life estate i n t h e said l a n d shall j o i n in s u c h application. By a n y p e r s o n c l a i m i n g a life estate i n possession or a leasehold for a life or lives or h a v i n g a t e r m of n o t less t h a n t w e n t y five y e a r s t h e n c u r r e n t P r o v i d e d t h a t except i n t h e case of a n application b y a lessee as r e g a r d s t h e c o n c u r r e n c e of his lessor all persons claiming to be beneficially e n t i t l e d in reversion or r e m a i n d e r shall j o i n i n s u c h application. P r o v i d e d always t h a t n o such application shall be received from a n y p e r s o n c l a i m i n g t o b e entitled to a n u n d i v i d e d s h a r e of a n y l a n d u n l e s s t h e p e r s o n w h o shall a p p e a r t o be e n t i t l e d t o t h e o t h e r u n d i v i d e d s h a r e of t h e said l a n d shall j o i n i n s u c h application w i t h a view t o b r i n g i n g t h e e n t i r e t y u n d e r t h e provisions of t h i s A c t n o r from t h e m o r t g a g o r of a n y l a n d u n l e s s t h e m o r t g a g e e shall j o i n i n s u c h application n o r from t h e m o r t g a g e e of a n y l a n d except i n t h e exercise of a power of sale contained i n t h e m o r t g a g e deed n o r for a n y l a n d subject t o t h e lien of a n y j u d g m e n t or e x e c u t i o n creditor u n l e s s s u c h creditor shall consent t o such application n o r from a m a r r i e d w o m a n u n l e s s h e r h u s b a n d shall j o i n in s u c h application P r o v i d e d also t h a t t h e father or if t h e father be dead t h e m o t h e r or o t h e r g u a r d i a n of a n y infant or t h e c o m m i t t e e or g u a r d i a n of a n y l u n a t i c or person of u n s o u n d m i n d m a y m a k e s u c h application i n t h e n a m e of s u c h infant l u n a t i c or person of u n s o u n d m i n d . 14. E v e r y such a p p l i c a n t shall w h e n m a k i n g his application deposit w i t h t h e R e g i s t r a r G e n e r a l all i n s t r u m e n t s i n h i s possession or u n d e r his control c o n s t i t u t i n g or i n a n y w a y affecting his t i t l e a n d i n t h e case of a leasehold a duplicate or certified copy of t h e lease a n d of a n y o t h e r i n s t r u m e n t u n d e r w h i c h t h e a p p l i c a n t claims t i t l e a n d shall furnish a schedule of s u c h i n s t r u m e n t s a n d also if r e q u i r e d a n a b s t r a c t of h i s t i t l e a n d shall in his application state t h e n a t u r e of h i s e s t a t e or i n t e r e s t a n d of every e s t a t e or i n t e r e s t h e l d t h e r e i n b y a n y o t h e r p e r s o n w h e t h e r a t law or i n e q u i t y i n possession or in f u t u r i t y or e x p e c t a n c y a n d w h e t h e r t h e l a n d be occupied or u n o c c u p i e d a n d if occupied t h e n a m e a n d description of t h e o c c u p a n t a n d t h e n a t u r e of his o c c u p a n c y a n d w h e t h e r s u c h o c c u p a n c y b e adverse or otherwise a n d shall s t a t e t h e n a m e s a n d addresses of t h e o c c u p a n t s a n d p r o  prietors of all l a n d s c o n t i g u o u s to t h e l a n d i n respect t o w h i c h application is m a d e so far as k n o w n t o h i m a n d t h a t t h e schedule so furnished includes all i n s t r u m e n t s of title t o such l a n d in h i s possession or u n d e r his c o n t r o l a n d shall m a k e a n d subscribe a declaration to t h e t r u t h of such s t a t e m e n t a n d such a p p l i c a n t m a y if h e t h i n k fit i n his a p p l i c a t i o n r e q u i r e t h e R e g i s t r a r G e n e r a l a t t h e e x p e n s e of s u c h a p p l i c a n t to cause personal notice of his application to be served u p o n any

a n y person whose n a m e and address shall for t h a t p u r p o s e b e t h e r e i n stated. 1 5 . U p o n t h e receipt of s u c h application t h e R e g i s t r a r G e n e r a l shall cause t h e t i t l e of t h e applicant t o be e x a m i n e d a n d r e p o r t e d u p o n b y t h e E x a m i n e r s a n d shall thereafter refer t h e case to t h e L a n d s Titles Commissioners for t h e i r consideration a n d if it shall appear t o s u c h Commissioners t h a t t h e a p p l i c a n t p r o p r i e t o r is t h e original g r a n t e e from t h e C r o w n of t h e l a n d i n respect t o w h i c h application is m a d e a n d t h a t n o sale m o r t g a g e or other e n c u m b r a n c e or t r a n s a c t i o n affecting t h e title of such l a n d h a s a t a n y t i m e been registered i n t h e Colony a n d t h a t such a p p l i c a n t h a s n o t r e q u i r e d notice of h i s application t o be served personally u p o n a n y person t h e n i n such case it shall b e lawful for t h e Commissioners t o direct t h e R e g i s t r a r G e n e r a l t o b r i n g such l a n d u n d e r t h e provisions of t h i s A c t f o r t h w i t h b y i s s u i n g t o t h e a p p l i c a n t p r o p r i e t o r or to such person as h e or t h e person a p p l y i n g i n his behalf m a y b y w r i t i n g u n d e r his h a n d direct a certificate of t i t l e for t h e s a m e as hereinafter described. 16. I f it shall a p p e a r t o t h e satisfaction of t h e C o m m i s  sioners t h a t t h e l a n d i n respect t o w h i c h application h a s been m a d e is held b y t h e a p p l i c a n t for t h e estate or i n t e r e s t described i n such appli cation free from m o r t g a g e e n c u m b r a n c e or other beneficial i n t e r e s t affecting t h e t i t l e t h e r e t o or if a n y such m o r t g a g e e n c u m b r a n c e or i n t e r e s t r e m a i n unsatisfied t h a t t h e parties interested t h e r e i n a r e also parties t o s u c h application a n d t h a t t h e a p p l i c a n t h a s n o t r e q u i r e d notice of h i s application to be served personally on a n y person t h e n a n d i n a n y such case t h e Commissioners shall direct t h e R e g i s t r a r G e n e r a l t o cause notice of such application t o b e advertised once in t h e Gazette a n d t h r e e t i m e s in a t least one daily n e w s p a p e r p u b l i s h e d i n Sydney a n d shall f u r t h e r limit a n d a p p o i n t a t i m e n o t less t h a n one m o n t h n o r m o r e t h a n t w e l v e m o n t h s from t h e date of t h e a d v e r t i s e m e n t i n t h e Gazette u p o n or after t h e e x p i r a t i o n of w h i c h t h e R e g i s t r a r G e n e r a l shall unless h e shall i n t h e i n t e r v a l h a v e received a caveat forbidding h i m so t o do proceed to b r i n g such l a n d u n d e r t h e provisions of t h i s A c t . 17. I f it shall a p p e a r t o t h e satisfaction of t h e Commis sioners t h a t a n y p a r t i e s i n t e r e s t e d i n a n y unsatisfied m o r t g a g e or e n c u m b r a n c e affecting t h e t i t l e t o such l a n d or beneficially interested t h e r e i n a r e n o t parties t o such application or t h a t t h e evidence of t i t l e set forth by t h e a p p l i c a n t is imperfect or t h a t t h e appli c a n t h a s r e q u i r e d notice of his a p p l i c a t i o n to b e served p e r s o n a l l y u p o n a n y p e r s o n t h e n a n d in such case it shall be lawful for t h e Commissioners t o reject such application a l t o g e t h e r or a t t h e i r discretion t o direct t h e R e g i s t r a r G e n e r a l t o cause notice of such appli cation t o be served i n accordance w i t h such r e q u i r e m e n t u p o n all per sons w h o shall a p p e a r t o t h e m t o h a v e a n y i n t e r e s t i n t h e l a n d w h i c h is t h e subject of such a p p l i c a t i o n a n d t o be advertised t h r e e times i n a t least one daily n e w s p a p e r p u b l i s h e d i n Sydney a n d in s u c h n e w s p a p e r s p u b l i s h e d elsewhere as to s u c h Commissioners m a y seem fit a n d t o be p u b l i s h e d i n t h e Government Gazette a n d i n t h e London Gazette a n d i n t h e official Gazettes of each of t h e Colonies of Victoria S o u t h A u s t r a l i a Q u e e n s l a n d T a s m a n i a a n d N e w Z e a l a n d or i n a n y one or m o r e of s u c h Gazettes a n d t h e C o m m i s s i o n e r s shall specify t h e n u m b e r of t i m e s a n d a t w h a t i n t e r v a l s s u c h advertise m e n t s shall b e p u b l i s h e d i n each or a n y of such Gazettes a n d shall also l i m i t a n d a p p o i n t a t i m e n o t less t h a n t w o m o n t h s n o r m o r e t h a n t w o years from t h e date of t h e first of s u c h a d v e r t i s e m e n t s i n t h e Gazette u p o n or after t h e e x p i r a t i o n of w h i c h it shall b e lawful for t h e R e g i s t r a r G e n e r a l t o b r i n g s u c h l a n d u n d e r t h e provisions of t h i s A c t u n l e s s h e shall in t h e i n t e r v a l h a v e received a caveat forbid d i n g h i m t o do so. 18

18. T h e R e g i s t r a r G e n e r a l shall u n d e r s u c h direction as afore said or u n d e r a n y order of t h e S u p r e m e C o u r t cause notice to b e pub lished i n s u c h m a n n e r as b y s u c h direction or order m a y be prescribed t h a t a p p l i c a t i o n has b e e n m a d e for b r i n g i n g t h e l a n d t h e r e i n referred t o u n d e r t h e provisions of t h i s A c t a n d shall also cause copy of such n o t i c e t o b e posted i n a conspicuous place i n his office a n d i n such o t h e r places as h e m a y d e e m necessary a n d shall forward b y registered l e t t e r m a r k e d outside " L a n d s Titles Office" t h r o u g h t h e p o s t office copy of such notice addressed t o t h e persons if a n y w h o m the Commissioners shall have directed to b e served w i t h s u c h n o t i c e and t o t h e persons if a n y stated in t h e declaration b y t h e a p p l i c a n t pro p r i e t o r t o b e i n o c c u p a t i o n of s u c h l a n d or t o be occupiers or pro prietors of l a n d c o n t i g u o u s t h e r e t o so far as his k n o w l e d g e of the addresses of s u c h persons m a y enable h i m a n d i n case s u c h a p p l i c a n t shall h a v e r e q u i r e d a n y s u c h notice t o b e personally served u p o n any person n a m e d i n his application t h e n a n d i n s u c h case t h e R e g i s t r a r G e n e r a l shall cause copy of s u c h notice t o be so served u p o n such person. 1 9 . I f w i t h i n t h e t i m e l i m i t e d i n s u c h direction or u n d e r any order of t h e S u p r e m e C o u r t a n y n o t i c e forwarded b y r e g i s t e r e d letter as aforesaid shall n o t be r e t u r n e d t o h i m b y t h e P o s t m a s t e r G e n e r a a n d if w i t h i n t h e t i m e so l i m i t e d h e shall n o t h a v e received a caveat as h e r e i n a f t e r described forbidding h i m so t o do a n d i n a n y case in w h i c h p e r s o n a l n o t i c e m a y b e r e q u i r e d as aforesaid if h e shall have received proof t o h i s satisfaction t h a t s u c h notice h a s been served t h e R e g i s t r a r G e n e r a l shall p u r s u a n t t o s u c h direction of t h e Com missioners b r i n g t h e l a n d described in s u c h application u n d e r t h e provisions of t h i s A c t b y i s s u i n g t o t h e a p p l i c a n t p r o p r i e t o r or t o such p e r s o n as h e or t h e p e r s o n a p p l y i n g i n his behalf m a y b y a n y w r i t i n g u n d e r h i s h a n d direct a certificate of t i t l e for t h e same as hereinafter described. 20. T h e R e g i s t r a r G e n e r a l w h e n e v e r a n y l e t t e r c o n t a i n i n g any notice shall b e r e t u r n e d t o h i m b y t h e P o s t m a s t e r G e n e r a l shall refer t h e case t o t h e Commissioners for t h e i r f u r t h e r direction and w h e n e v e r h e shall be m a d e a w a r e t h a t a n y n o t i c e r e q u i r e d b y any a p p l i c a n t t o b e served p e r s o n a l l y h a s failed to be or c a n n o t b e so served h e shall notify t h e same to s u c h a p p l i c a n t w h o if h e t h i n k fit m a y by w r i t i n g u n d e r his h a n d w i t h d r a w s u c h r e q u i r e m e n t a n d t h e R e g i s t r a r G e n e r a l shall t h e r e u p o n r e p o r t t h e case t o t h e Commissioners w h o i n either s u c h case m a y reject t h e application a l t o g e t h e r or direct t h e R e g i s t r a r G e n e r a l t o b r i n g t h e l a n d t h e r e i n described u n d e r t h e provisions of t h i s A c t forthwith or after s u c h f u r t h e r i n t e r v a l notification or a d v e r t i s e m e n t as t h e y m a y deem fit. 2 1 . A n y person h a v i n g or claiming a n i n t e r e s t i n a n y l a n d so advertised as aforesaid or t h e a t t o r n e y of a n y s u c h person m a y w i t h i n t h e t i m e b y a n y direction of t h e Commissioners for t h a t p u r p o s e l i m i t e d lodge a caveat w i t h t h e R e g i s t r a r G e n e r a l i n form B of t h e S c h e d u l e h e r e t o forbidding t h e b r i n g i n g of s u c h l a n d u n d e r t h e provisions of t h i s A c t a n d every s u c h caveat shall p a r t i c u l a r i z e t h e estate i n t e r e s t lien or c h a r g e claimed b y t h e p e r s o n l o d g i n g t h e s a m e a n d t h e p e r s o n l o d g i n g s u c h caveat shall if r e q u i r e d deliver a full a n d complete a b s t r a c t of his t i t l e . 22. T h e R e g i s t r a r G e n e r a l u p o n receipt of a n y s u c h caveat w i t h i n t h e t i m e limited as aforesaid shall notify t h e s a m e t o s u c h a p p l i c a n t p r o p r i e t o r a n d shall s u s p e n d f u r t h e r action i n t h e m a t t e r a n d t h e l a n d s in respect of w h i c h such caveat m a y h a v e b e e n lodged shall n o t b e b r o u g h t u n d e r t h e provisions of t h i s A c t u n t i l s u c h caveat shall h a v e been w i t h d r a w n or shall h a v e lapsed from a n y of t h e causes hereinafter provided or u n t i l a decision shall h a v e been o b t a i n e d from t h e C o u r t h a v i n g j u r i s d i c t i o n in t h e m a t t e r . c 23.

2 3 . After t h e e x p i r a t i o n of t h r e e m o n t h s from t h e r e c e i p t thereof every s u c h caveat shall b e d e e m e d t o h a v e lapsed u n l e s s die p e r s o n b y w h o m or on whose behalf t h e same w a s lodged s h a l l w i t h i n t h a t t i m e h a v e t a k e n proceedings i n a n y C o u r t of c o m p e  tent j u r i s d i c t i o n t o establish h i s t i t l e t o t h e e s t a t e i n t e r e s t lien or m a r g e t h e r e i n specified a n d shall h a v e given w r i t t e n n o t i c e thereof t o the R e g i s t r a r G e n e r a l or shall h a v e o b t a i n e d from t h e S u p r e m e C o u r t an order or i n j u n c t i o n r e s t r a i n i n g t h e R e g i s t r a r G e n e r a l from b r i n g i n g the l a n d t h e r e i n referred t o u n d e r t h e provisions of t h i s A c t . 24. A n y a p p l i c a n t p r o p r i e t o r m a y w i t h d r a w his a p p l i c a t i o n a t any t i m e p r i o r t o t h e i s s u i n g of t h e certificate of t i t l e a n d t h e R e g i s  trar G e n e r a l shall i n such case u p o n r e q u e s t i n w r i t i n g signed b y s u c h applicant p r o p r i e t o r r e t u r n t o h i m or t o t h e p e r s o n if a n y notified i n such a p p l i c a t i o n as h a v i n g a lien u p o n s u c h i n s t r u m e n t s t h e a b s t r a c t and all i n s t r u m e n t s of t i t l e deposited b y s u c h p r o p r i e t o r for t h e purpose of s u p p o r t i n g h i s application. 25. U p o n i s s u i n g a certificate of t i t l e b r i n g i n g l a n d u n d e r t h e provisions of t h i s A c t t h e R e g i s t r a r G e n e r a l shall s t a m p as cancelled every i n s t r u m e n t of title deposited b y t h e p r o p r i e t o r w h e n m a k i n g his a p p l i c a t i o n a n d i n t h e case of a leasehold shall indorse u p o n t h e lease so deposited a m e m o r a n d u m s t a t i n g t h a t s u c h lease h a s been b r o u g h t u n d e r t h e provisions of t h i s A c t a n d shall certify s u c h m e m o r a n d u m u n d e r his h a n d a n d seal a n d shall r e t u r n s u c h lease to t h e a p p l i c a n t a n n e x i n g t h e r e t o t h e certificate of t i t l e as aforesaid a n d shall file i n h i s office t h e d u p l i c a t e or certificate copy of such lease hereinbefore directed t o b e furnished b y s u c h a p p l i c a n t P r o v i d e d t h a t if a n y s u c h i n s t r u m e n t shall r e l a t e to or i n c l u d e a n y p r o p e r t y w h e t h e r p e r s o n a l or r e a l o t h e r t h a n t h e l a n d i n c l u d e d i n s u c h certificate of t i t l e t h e n t h e R e g i s t r a r G e n e r a l shall i n d o r s e t h e r e o n a m e m o r a n d u m c a n c e l l i n g t h e same i n so far only as relates t o t h e l a n d i n c l u d e d i n s u c h certificate of t i t l e a n d shall r e t u r n s u c h i n s t r u m e n t t o s u c h p r o  p r i e t o r o t h e r w i s e h e shall r e t a i n t h e same i n his office a n d n o person shall b e e n t i t l e d t o t h e p r o d u c t i o n of s u c h i n s t r u m e n t so s t a m p e d e x c e p t u p o n t h e w r i t t e n order of t h e a p p l i c a n t p r o p r i e t o r or of some p e r s o n c l a i m i n g t h r o u g h or u n d e r h i m or u p o n t h e order of a J u d g e of t h e S u p r e m e C o u r t . 26. I n case a n a p p l i c a n t p r o p r i e t o r or t h e person to w h o m a n a p p l i c a n t p r o p r i e t o r m a y h a v e directed certificate of t i t l e t o b e issued shall die i n t h e i n t e r v a l between t h e d a t e of h i s application a n d t h e d a t e a p p o i n t e d for t h e certificate of t i t l e to issue i n accordance w i t h t h e provisions hereinbefore c o n t a i n e d t h e certificate of t i t l e shall b e issued i n t h e n a m e of s u c h a p p l i c a n t p r o p r i e t o r or i n t h e n a m e of t h e p e r s o n t o w h o m h e m a y h a v e directed it t o b e issued as t h e case m a y r e q u i r e a n d such l a n d shall devolve i n like m a n n e r as if t h e certificate of t i t l e h a d b e e n issued p r i o r t o t h e d e a t h of s u c h a p p l i c a n t p r o p r i e t o r or p e r s o n so n a m e d b y h i m . 27. U p o n t h e first b r i n g i n g of l a n d u n d e r t h e provisions of t h i s A c t w h e t h e r b y t h e a l i e n a t i o n t h e r e o f i n fee from t h e C r o w n or conse q u e n t u p o n t h e application of t h e p r o p r i e t o r as hereinbefore p r o v i d e d a n d also u p o n t h e r e g i s t r a t i o n of t h e t i t l e t o a n e s t a t e of freehold i n possession i n l a n d u n d e r t h e provisions of t h i s A c t derived t h r o u g h t h e will or i n t e s t a c y of a p r e v i o u s p r o p r i e t o r or u n d e r a n y s e t t l e m e n t t h e r e shall b e p a i d t o t h e R e g i s t r a r G e n e r a l t h e s u m specified i n t h e S c h e d u l e h e r e t o m a r k e d P a n d i n t h e case of l a n d b r o u g h t u n d e r t h e provisions of t h i s A c t b y alienation i n fee from t h e C r o w n t h e price p a i d for s u c h l a n d shall be deemed a n d t a k e n t o be t h e v a l u e thereof for t h e p u r p o s e of l e v y i n g s u c h s u m a n d i n all o t h e r cases as aforesaid s u c h v a l u e shall b e ascertained b y t h e o a t h or solemn affirmation of t h e a p p l i c a n t p r o p r i e t o r or person d e r i v i n g such l a n d b y t r a n s m i s s i o n P r o v i d e d a l w a y s t h a t if t h e R e g i s t r a r G e n e r a l shall n o t b e satisfied as to

t o t h e correctness of t h e v a l u e so declared or s w o r n t o i t shall h e lawful for h i m t o r e q u i r e s u c h a p p l i c a n t p r o p r i e t o r or person deriving s u c h l a n d t o p r o d u c e a certificate of such v a l u e u n d e r t h e h a n d of a s w o r n v a l u a t o r w h i c h certificate shall h e received as conclusive evidence of s u c h value for t h e p u r p o s e aforesaid. 28. A l l sums of m o n e y so received shall be p a i d t o t h e Colonial T r e a s u r e r w h o shall from t i m e t o t i m e invest s u c h s u m s t o g e t h e r w i t h all interest a n d profits w h i c h m a y h a v e a c c r u e d t h e r e o n i n N e w S o u t h W a l e s G o v e r n m e n t securities t o c o n s t i t u t e a n A s s u r a n c e F u n d for t h e p u r p o s e s hereinafter provided. 29. T h e b r i n g i n g of l a n d u n d e r t h e provisions of t h i s A c t shall n o t be held to e x t i n g u i s h t h e reversion e x p e c t a n t on a n y lease a n d t h e person n a m e d i n a n y certificate of title as entitled t o t h e l a n d t h e r e i n described shall be h e l d i n every C o u r t of L a w a n d E q u i t y t o b e seised of t h e reversion e x p e c t a n t u p o n a n y lease t h a t m a y b e n o t e d b y m e m o r i a l t h e r e o n a n d t o h a v e all powers r i g h t s a n d remedies to w h i c h a r e v e r s i o n e r is b y law entitled a n d shall be subject t o all c o v e n a n t s a n d conditions t h e r e i n expressed t o be performed on t h e p a r t of t h e lessor. PART I I I . -- R e g i s t e r Book--Mode of Registering Registration. and effect of

30. T h e R e g i s t r a r G e n e r a l shall keep a book t o b e called t h e " R e g i s t e r B o o k " a n d shall b i n d u p t h e r e i n t h e duplicates of all g r a n t s a n d of all certificates of t i t l e a n d each g r a n t a n d certificate of t i t l e shall c o n s t i t u t e a separate folium of s u c h book a n d t h e R e g i s t r a r G e n e r a l shall record t h e r e o n t h e p a r t i c u l a r s of all i n s t r u  m e n t s dealings a n d o t h e r m a t t e r s b y t h i s A c t r e q u i r e d t o b e registered or e n t e r e d on t h e R e g i s t e r Book affecting t h e l a n d i n c l u d e d u n d e r each s u c h g r a n t or certificate of t i t l e d i s t i n c t a n d a p a r t . 3 1 . E v e r y certificate of t i t l e shall be i n d u p l i c a t e i n t h e form C of t h e Schedule h e r e t o a n d shall set forth t h e n a t u r e of t h e e s t a t e of freehold i n respect t o w h i c h i t is issued a n d t h e R e g i s t r a r G e n e r a l shall n o t e t h e r e o n i n s u c h m a n n e r as t o preserve t h e i r p r i o r i t y t h e p a r t i c u l a r s of all unsatisfied m o r t g a g e s or o t h e r e n c u m  b r a n c e s a n d of a n y dower lease or r e n t c h a r g e t o w h i c h t h e l a n d m a y b e subject a n d if s u c h certificate of t i t l e b e issued t o a m i n o r or to a p e r s o n otherwise u n d e r disabilities h e shall state t h e a g e of s u c h m i n o r or t h e n a t u r e of t h e disability so far as k n o w n t o h i m a n d shall cause one original of each certificate of t i t l e t o be b o u n d u p i n t h e R e g i s t e r Book a n d deliver t h e other t o t h e p r o p r i e t o r entitled t o t h e l a n d described t h e r e i n . 32. Before b r i n g i n g u n d e r t h e provisions of t h i s A c t a n e s t a t e i n fee simple or i n fee t a i l in a n y l a n d i n respect t o w h i c h a certificate of t i t l e h a s b e e n issued for a n y leasehold estate or i n t e r e s t t h e R e g i s t r a r G e n e r a l shall close t h e folium of t h e R e g i s t e r Book c o n s t i t u t e d b y t h e certificate of t i t l e of s u c h leasehold a n d shall c a r r y forward u p o n t h e certificate of t i t l e issued i n respect t o s u c h estate i n fee m e m o r i a l s of s u c h leasehold estate or i n t e r e s t a n d of all m o r t g a g e s or o t h e r interests affecting t h e s a m e t h e n r e g i s t e r e d a n d still c u r r e n t a n d t h e m e m o r i a l s of all f u t u r e dealings w i t h s u c h leasehold estate or i n t e r e s t hereinafter directed t o b e r e g i s t e r e d shall b e e n t e r e d u p o n t h e folium of t h e R e g i s t e r B o o k c o n s t i t u t e d b y t h e certificate of t i t l e r e p r e s e n t i n g t h e fee. 3 3 . E v e r y certificate of t i t l e d u l y a u t h e n t i c a t e d u n d e r t h e h a n d a n d seal of t h e R e g i s t r a r G e n e r a l shall be received i n all C o u r t s of L a w a n d E q u i t y as evidence of t h e p a r t i c u l a r s t h e r e i n set forth a n d of t h e i r b e i n g e n t e r e d i n t h e R e g i s t e r Book a n d shall be conclusive evidence t h a t t h e person n a m e d i n s u c h certificate of t i t l e or i n a n y e n t r y t h e r e o n as seised of or as t a k i n g estate or i n t e r e s t i n t h e l a n d therein

t h e r e i n described is seised or possessed of or entitled to s u c h l a n d for t h e estate or i n t e r e s t t h e r e i n specified a n d t h a t t h e p r o p e r t y comprised i n such certificate of title h a s been d u l y b r o u g h t u n d e r t h e provisions of t h i s A c t a n d n o certificate of t i t l e shall b e i m p e a c h e d or defeasible o n t h e g r o u n d of w a n t of n o t i c e or of insufficient notice of t h e application t o b r i n g t h e l a n d t h e r e i n described u n d e r t h e provisions of t h i s A c t or o n a c c o u n t of a n y error omission or informality i n such application or i n t h e p r o c e e d i n g s p u r s u a n t t h e r e t o b y t h e Commission ers or b y t h e R e g i s t r a r G e n e r a l . 34. E v e r y l a n d g r a n t a n d certificate of t i t l e shall b e deemed a n d t a k e n t o b e registered u n d e r t h e provisions a n d for t h e p u r p o s e s of t h i s A c t so soon as t h e s a m e shall h a v e been m a r k e d b y t h e R e g i s t r a r G e n e r a l w i t h t h e folium a n d v o l u m e as embodied i n t h e R e g i s t e r B o o k a n d every m e m o r a n d u m of transfer or o t h e r i n s t r u m e n t p u r p o r t i n g t o transfer or i n a n y w a y t o affect l a n d u n d e r t h e provi sions of t h i s A c t shall be d e e m e d to be so registered so soon a s a m e m o r i a l thereof as hereinafter described shall h a v e been e n t e r e d in t h e R e g i s t e r Book u p o n t h e folium c o n s t i t u t e d b y t h e existing g r a n t or ' certificate of t i t l e of s u c h l a n d a n d t h e person n a m e d i n a n y g r a n t certificate of t i t l e or o t h e r i n s t r u m e n t so registered as seised of or t a k i n g a n y estate or i n t e r e s t shall be deemed to be t h e r e g i s t e r e d p r o p r i e t o r thereof. 3 5 . E x c e p t as i n hereinafter otherwise provided every g r a n t or o t h e r i n s t r u m e n t p r e s e n t e d for r e g i s t r a t i o n shall b e i n duplicate a n d shall u n l e s s a C r o w n g r a n t b e a t t e s t e d b y a witness a n d shall b e registered i n t h e order of t i m e i n w h i c h t h e same is p r o d u c e d for t h a t p u r p o s e a n d i n s t r u m e n t s registered i n respect to or affecting t h e s a m e e s t a t e or i n t e r e s t shall n o t w i t h s t a n d i n g a n y express implied or con s t r u c t i v e notice b e e n t i t l e d i n p r i o r i t y t h e one over t h e o t h e r a c c o r d i n g to t h e d a t e of r e g i s t r a t i o n a n d n o t according t o t h e d a t e of each i n s t r u  m e n t itself a n d t h e R e g i s t r a r G e n e r a l u p o n r e g i s t r a t i o n thereof shall file o n e o r i g i n a l in h i s office a n d shall deliver t h e o t h e r to t h e p e r s o n e n t i t l e d t h e r e t o a n d so soon as registered every i n s t r u m e n t d r a w n in a n y of t h e several forms p r o v i d e d i n t h e Schedule h e r e t o or i n a n y form w h i c h for t h e same p u r p o s e m a y b e a u t h o r i z e d i n conformity w i t h t h e provisions of t h i s A c t shall for t h e p u r p o s e s of t h i s A c t be d e e m e d a n d t a k e n t o b e embodied i n t h e R e g i s t e r Book as p a r t a n d p a r c e l t h e r e o f a n d s u c h i n s t r u m e n t w h e n so constructively embodied a n d s t a m p e d w i t h t h e seal of t h e R e g i s t r a r G e n e r a l shall h a v e t h e effect of a deed duly e x e c u t e d b y t h e p a r t i e s signing t h e s a m e . 36. I n every i n s t r u m e n t c r e a t i n g or t r a n s f e r r i n g a n y e s t a t e or i n t e r e s t i n l a n d u n d e r t h e provisions of t h i s A c t t h e r e shall be i m p l i e d t h e following c o v e n a n t b y t h e p a r t y c r e a t i n g or t r a n s f e r r i n g s u c h e s t a t e or i n t e r e s t t h a t is t o say T h a t h e will do s u c h acts a n d e x e c u t e s u c h i n s t r u m e n t s as i n accordance w i t h t h e provisions of t h i s A c t m a y b e necessary to give effect t o all covenants conditions a n d p u r p o s e s expressly set forth in such i n s t r u m e n t or b y t h i s A c t declared t o b e implied a g a i n s t s u c h p a r t y i n i n s t r u m e n t s of a like n a t u r e . 3 7 . E v e r y m e m o r i a l e n t e r e d i n t h e R e g i s t e r Book shall state t h e n a t u r e of t h e i n s t r u m e n t to w h i c h it r e l a t e s t h e d a y a n d h o u r of t h e p r o d u c t i o n of s u c h i n s t r u m e n t for r e g i s t r a t i o n t h e n a m e s of t h e p a r t i e s t h e r e t o a n d shall refer b y n u m b e r or symbol t o such i n s t r u  m e n t a n d shall b e signed b y t h e R e g i s t r a r G e n e r a l . 3 8 . W h e n e v e r a m e m o r i a l of a n y i n s t r u m e n t h a s b e e n e n t e r e d i n t h e R e g i s t e r Book t h e R e g i s t r a r G e n e r a l shall except i n t h e case of transfer or o t h e r d e a l i n g indorsed u p o n arty g r a n t certificate or o t h e r i n s t r u m e n t as hereinafter provided record t h e like m e m o r i a l o n t h e duplicate g r a n t certificate or o t h e r i n s t r u m e n t evidencing t i t l e t o t h e estate or i n t e r e s t i n t e n d e d to b e dealt w i t h or i n a n y way

way affected unless t h e R e g i s t r a r G e n e r a l shall as hereinafter provided dispense w i t h t h e p r o d u c t i o n of t h e same a n d t h e R e g i s t r a r G e n e r a l shall indorse on every i n s t r u m e n t so registered a certificate of t h e d a t e a n d h o u r on w h i c h t h e said m e m o r i a l was e n t e r e d i n t h e R e g i s t e r Book a n d shall a u t h e n t i c a t e each such certificate by s i g n i n g his n a m e a n d affixing his seal t h e r e t o a n d such certificate shall b e received i n all C o u r t s of L a w a n d E q u i t y as conclusive evidence t h a t s u c h i n s t r u m e n t h a s b e e n d u l y registered. 39. N o i n s t r u m e n t u n t i l registered i n m a n n e r hereinbefore prescribed shall be effectual to pass a n y estate or i n t e r e s t i n a n y l a n d u n d e r t h e provisions of t h i s A c t or t o r e n d e r such l a n d liable as security for t h e p a y m e n t of m o n e y b u t u p o n t h e r e g i s t r a t i o n of a n y i n s t r u m e n t in m a n n e r hereinbefore prescribed t h e estate or i n t e r e s t specified in such i n s t r u m e n t shall pass or as t h e case m a y b e t h e l a n d shall become liable as security in m a n n e r a n d subject t o t h e c o v e n a n t s conditions a n d contingencies set forth a n d specified i n such i n s t r u m e n t or b y t h i s A c t declared t o be implied in i n s t r u m e n t s of a like n a t u r e a n d should t w o or m o r e i n s t r u m e n t s executed b y t h e s a m e p r o p r i e t o r a n d p u r p o r t i n g to transfer or e n c u m b e r t h e s a m e estate or i n t e r e s t in a n y l a n d be a t t h e same t i m e p r e s e n t e d t o t h e R e g i s t r a r G e n e r a l for r e g i s t r a t i o n a n d i n d o r s e m e n t h e shall register a n d indorse t h a t i n s t r u  m e n t u n d e r w h i c h t h e p e r s o n claims p r o p e r t y w h o shall p r e s e n t t o h i m t h e g r a n t or certificate of t i t l e of s u c h l a n d for t h a t p u r p o s e . 40. N o t w i t h s t a n d i n g t h e existence in a n y o t h e r p e r s o n of a n y estate or i n t e r e s t w h e t h e r derived by g r a n t from t h e C r o w n or other wise w h i c h b u t for t h i s A c t m i g h t b e held t o b e p a r a m o u n t or to h a v e p r i o r i t y t h e registered p r o p r i e t o r of l a n d or of a n y estate or i n t e r e s t in l a n d u n d e r t h e provisions of t h i s A c t shall except in case of fraud hold t h e same subject to such e n c u m b r a n c e s liens estates or i n t e r e s t s as m a y b e notified o n t h e folium of t h e R e g i s t e r Book c o n s t i t u t e d b y t h e g r a n t or certificate of t i t l e of s u c h l a n d b u t absolutely free from all other e n c u m b r a n c e s liens estates or i n t e r e s t s whatsoever except t h e estate or interest of a p r o p r i e t o r claiming t h e same l a n d u n d e r a prior certificate of title or u n d e r a prior g r a n t registered u n d e r t h e provisions of t h i s A c t a n d except as r e g a r d s t h e omission or misdescription of a n y r i g h t of w a y or other easement created i n or e x i s t i n g u p o n a n y l a n d a n d except so far as r e g a r d s a n y p o r t i o n of l a n d t h a t m a y by w r o n g description of parcels or of b o u n d a r i e s b e i n c l u d e d in t h e g r a n t certificate of title lease or other i n s t r u m e n t evidencing t h e t i t l e of such r e g i s t e r e d p r o p r i e t o r n o t being a p u r c h a s e r or m o r t g a g e e thereof for v a l u e or d e r i v i n g from or t h r o u g h a p u r c h a s e r or m o r t g a g e e thereof for v a l u e . 4 1 . T h e R e g i s t r a r G e n e r a l shall n o t r e g i s t e r a n y i n s t r u m e n t p u r p o r t i n g t o transfer or otherwise to deal w i t h or affect a n y estate or i n t e r e s t i n l a n d u n d e r t h e provisions of t h i s A c t except i n t h e m a n n e r h e r e i n provided n o r unless such i n s t r u m e n t b e i n accordance w i t h t h e provisions hereof. PART TV --Dealings.

42. W h e n l a n d u n d e r t h e provisions of t h i s A c t or a n y estate or interest in such l a n d is intended t o b e transferred or a n y r i g h t of way or o t h e r e a s e m e n t is i n t e n d e d to b e created or transferred t h e registered p r o p r i e t o r m a y e x e c u t e a m e m o r a n d u m of transfer i n form D or E of t h e S c h e d u l e h e r e t o w h i c h m e m o r a n d u m shall for description of t h e l a n d i n t e n d e d to be dealt w i t h refer to t h e g r a n t or certificate of t i t l e of such l a n d or shall give such description as m a y be sufficient t o identify t h e same a n d shall contain a n a c c u r a t e s t a t e m e n t of t h e estate i n t e r e s t or casement i n t e n d e d to be transferred or created a n d a m e m o r a n d u m of all leases m o r t g a g e s a n d o t h e r e n c u m b r a n c e s to which t h e s a m e m a y be subject a n d such m e m o r a n d u m of transfer if it purports

B

e

p u r p o r t s t o deal w i t h a n e s t a t e i n respect t o w h i c h a certificate of t i t l e is b y t h i s A c t a u t h o r i z e d to b e issued or if it b e indorsed on t h e i n s t r u  m e n t evidencing t h e t i t l e of t h e transferror n e e d n o t b e i n duplicate. 4 3 . W h e n e v e r a n y e a s e m e n t or a n y incorporeal r i g h t o t h e r t h a n a n a n n u i t y or r e n t c h a r g e i n or over a n y l a n d u n d e r t h e provi sions of t h i s A c t is c r e a t e d for t h e p u r p o s e of b e i n g a n n e x e d to or u s e d a n d enjoyed t o g e t h e r w i t h o t h e r l a n d u n d e r t h e provisions of t h i s A c t t h e R e g i s t r a r G e n e r a l shall e n t e r a m e m o r i a l of t h e i n s t r u m e n t c r e a t i n g s u c h e a s e m e n t or i n c o r p o r e a l r i g h t u p o n t h e folium of t h e R e g i s t e r B o o k c o n s t i t u t e d b y t h e e x i s t i n g g r a n t or certificate of t i t l e of s u c h o t h e r l a n d . 4 4 . I f t h e m e m o r a n d u m of transfer p u r p o r t s t o t r a n s f e r a n e s t a t e of freehold i n possession i n t h e whole or i n p a r t of t h e l a n d m e n t i o n e d i n a n y g r a n t or certificate of t i t l e t h e t r a n s f e r r o r shall deliver u p t h e g r a n t or certificate of t i t l e of t h e said l a n d a n d t h e R e g i s t r a r G e n e r a l shall after r e g i s t e r i n g t h e transfer e n t e r on s u c h g r a n t or certificate of t i t l e a m e m o r a n d u m cancelling t h e same e i t h e r wholly or p a r t i a l l y according as t h e m e m o r a n d u m of transfer p u r p o r t s t o t r a n s f e r t h e w h o l e or p a r t only of t h e l a n d m e n t i o n e d in s u c h g r a n t or certificate of t i t l e a n d s e t t i n g forth t h e p a r t i c u l a r s of t h e transfer. 4 5 . T h e R e g i s t r a r G e n e r a l u p o n cancelling a n y g r a n t or certi ficate of t i t l e either w h o l l y or p a r t i a l l y p u r s u a n t t o a n y such transfer shall m a k e o u t t o t h e t r a n s f e r r e e a certificate of t i t l e t o t h e l a n d m e n  t i o n e d i n s u c h m e m o r a n d u m of transfer a n d every s u c h certificate of t i t l e shall refer t o t h e original g r a n t of such l a n d a n d t o t h e m e m o  r a n d u m or o t h e r i n s t r u m e n t of transfer a n d t h e R e g i s t r a r G e n e r a l shall r e t a i n every s u c h m e m o r a n d u m of t r a n s f e r a n d cancelled or p a r t i a l l y cancelled g r a n t or certificate of t i t l e a n d w h e n e v e r r e q u i r e d t h e r e t o b y t h e p r o p r i e t o r of a n u n s o l d p o r t i o n or b a l a n c e of l a n d i n c l u d e d i n a n y s u c h p a r t i a l l y cancelled g r a n t or certificate of t i t l e or b y a r e g i s t e r e d t r a n s f e r r e e of s u c h p o r t i o n or of a n y p a r t thereof shall m a k e o u t t o s u c h p r o p r i e t o r or t r a n s f e r r e e a certificate of t i t l e for s u c h p o r t i o n or for a n y p a r t thereof of w h i c h h e is t h e p r o p r i e t o r or transferree. 46. I n every i n s t r u m e n t t r a n s f e r r i n g a n e s t a t e or i n t e r e s t i n l a n d u n d e r t h e provisions of t h i s A c t subject t o m o r t g a g e or i n c u m  b r a n c e t h e r e shall b e i m p l i e d t h e following covenant b y t h e t r a n s f e r r e e t h a t is t o say t h a t such t r a n s f e r r e e will p a y t h e i n t e r e s t or a n n u i t y or r e n t c h a r g e secured b y s u c h m o r t g a g e or e n c u m b r a n c e after t h e r a t e a n d a t t h e t i m e s specified i n t h e i n s t r u m e n t c r e a t i n g t h e same a n d will i n d e m n i f y a n d k e e p h a r m l e s s t h e t r a n s f e r r o r from a n d a g a i n s t t h e p r i n c i p a l s u m secured b y s u c h i n s t r u m e n t a n d from a n d a g a i n s t all liability i n respect of a n y of t h e covenants t h e r e i n contained or b y t h i s A c t i m p l i e d o n t h e p a r t of t h e t r a n s f e r r o r . 47. U p o n t h e r e g i s t r a t i o n of a n y t r a n s f e r t h e estate or i n t e r e s t of t h e t r a n s f e r r o r as set forth i n s u c h i n s t r u m e n t w i t h all r i g h t s p o w e r s a n d privileges t h e r e t o b e l o n g i n g or a p p e r t a i n i n g shall pass t o t h e t r a n s f e r r e e a n d s u c h transferree shall t h e r e u p o n become subject t o a n d liable for all a n d every t h e s a m e r e q u i r e m e n t s a n d liabilities to w h i c h h e w o u l d h a v e b e e n subject a n d liable if n a m e d i n s u c h i n s t r u m e n t originally as m o r t g a g e e e n c u m b r a n c e e or lessee of s u c h l a n d e s t a t e or interest. 4 8 . B y v i r t u e of every s u c h t r a n s f e r t h e r i g h t t o s u e u p o n a n y m e m o r a n d u m of m o r t g a g e or o t h e r i n s t r u m e n t a n d to recover a n y debt s u m of m o n e y a n n u i t y or d a m a g e s t h e r e u n d e r ( n o t w i t h  s t a n d i n g t h e same m a y b e d e e m e d or h e l d t o c o n s t i t u t e a chose in action) a n d all i n t e r e s t i n a n y such d e b t s u m of m o n e y a n n u i t y or d a m a g e s shall b e transferred so as t o vest t h e same a t law as well as i n e q u i t y i n t h e transferree thereof P r o v i d e d always t h a t n o t h i n g herein

h e r e i n c o n t a i n e d shall p r e v e n t a C o u r t of E q u i t y from g i v i n g effect t o a n y t r u s t s affecting t h e said d e b t s u m of m o n e y a n n u i t y or d a m a g e s in case t h e t r a n s f e r r e e shall hold t h e s a m e as a t r u s t e e for a n y o t h e r person. 4 9 . W h e n a n y l a n d u n d e r t h e provisions of t h i s A c t is i n t e n d e d to h e leased or demised for a life or lives or for a n y t e r m of years e x c e e d i n g t h r e e years t h e p r o p r i e t o r shall execute a m e m o r a n d u m of lease i n form E of t h e Schedule h e r e t o a n d every such i n s t r u m e n t shall for description of t h e l a n d i n t e n d e d t o be dealt w i t h refer to t h e g r a n t o r certificate of t i t l e of t h e l a n d or shall give s u c h o t h e r description as m a y b e necessary t o identify s u c h l a n d a n d a r i g h t for or covenant b y t h e lessee t o p u r c h a s e t h e l a n d t h e r e i n described m a y b e stipulated i n s u c h i n s t r u m e n t a n d i n case t h e lessee shall p a y t h e p u r c h a s e m o n e y s t i p u l a t e d a n d otherwise observe his covenants expressed and implied i n s u c h i n s t r u m e n t t h e lessor shall b e b o u n d t o e x e c u t e a m e m o r a n d u m of transfer t o s u c h lessee of t h e said l a n d a n d t h e feesimple thereof a n d t o perform all necessary acts by t h i s A c t prescribed for t h e p u r p o s e of t r a n s f e r r i n g t o a p u r c h a s e r t h e said l a n d a n d t h e fee-simple thereof P r o v i d e d always t h a t n o lease of m o r t g a g e d or e n c u m b e r e d l a n d shall be valid a n d b i n d i n g a g a i n s t t h e m o r t g a g e e or e n c u m b r a n c e e u n l e s s s u c h m o r t g a g e e or e n c u m b r a n c e e shall h a v e consented t o s u c h lease p r i o r t o t h e same b e i n g registered. 50. W h e n e v e r a n y lease or demise w h i c h is r e q u i r e d t o be r e g i s t e r e d b y t h e provisions of t h i s A c t is i n t e n d e d t o be s u r r e n d e r e d a n d t h e s u r r e n d e r thereof is effected otherwise t h a n t h r o u g h t h e opera t i o n of a s u r r e n d e r i n law or t h a n u n d e r t h e provisions of a n y l a w a t t h e t i m e b e i n g i n force i n t h e Colony r e l a t i n g t o insolvent estates t h e r e s h a l l b e indorsed u p o n s u c h lease or o n t h e c o u n t e r p a r t thereof t h e w o r d " S u r r e n d e r e d " w i t h t h e date of s u c h s u r r e n d e r a n d s u c h i n d o r s e m e n t shall be signed b y t h e lessee a n d b y t h e lessor as evidence of t h e acceptance t h e r e o f a n d shall be a t t e s t e d b y a witness a n d t h e R e g i s t r a r G e n e r a l t h e r e u p o n shall e n t e r i n t h e R e g i s t e r Book a m e m o  r a n d u m r e c o r d i n g t h e date of such s u r r e n d e r a n d shall likewise indorse u p o n t h e lease a m e m o r a n d u m r e c o r d i n g t h e fact of s u c h e n t r y h a v i n g b e e n m a d e i n t h e R e g i s t e r Book a n d u p o n s u c h e n t r y h a v i n g b e e n so m a d e i n t h e R e g i s t e r Book t h e estate or i n t e r e s t of t h e lessee i n s u c h l a n d shall revest i n t h e lessor or i n t h e p e r s o n i n w h o m h a v i n g r e g a r d t o i n t e r v e n i n g circumstances (if any) t h e said l a n d w o u l d h a v e vested if n o s u c h lease h a d ever been executed a n d p r o d u c t i o n of s u c h lease or c o u n t e r p a r t b e a r i n g s u c h i n d o r s e m e n t a n d m e m o r a n d u m shall be sufficient evidence t h a t s u c h lease h a d b e e n so s u r r e n d e r e d Provided t h a t n o lease subject t o m o r t g a g e or e n c u m b r a n c e shall b e so sur r e n d e r e d w i t h o u t t h e consent of t h e m o r t g a g e e or e n c u m b r a n c e e . 5 1 . I n every m e m o r a n d u m of lease t h e r e shall b e implied t h e following c o v e n a n t s a g a i n s t t h e lessee t h a t is t o s a y -- (1.) T h a t h e will p a y t h e r e n t t h e r e b y reserved a t t h e t i m e s t h e r e i n m e n t i o n e d a n d all r a t e s a n d t a x e s w h i c h m a y b e p a y a b l e i n respect of t h e demised p r o p e r t y d u r i n g t h e c o n t i n u a n c e of t h e lease. (2.) T h a t h e will a t all t i m e s d u r i n g t h e c o n t i n u a n c e of t h e said lease k e e p a n d at t h e d e t e r m i n a t i o n thereof yield u p t h e demised p r o p e r t y i n good a n d t e n a n t a b l e r e p a i r accidents a n d d a m a g e from fire s t o r m a n d t e m p e s t a n d reasonable wear and tear excepted. 52. I n every m e m o r a n d u m of lease t h e r e shall also b e implied t h e following powers i n t h e lessor t h a t is t o s a y -- (1.) T h a t h e m a y b y himself or h i s a g e n t s twice i n every y e a r d u r i n g t h e t e r m a t a reasonable t i m e of t h e day u p o n giving t o t h e lessee t w o days p r e v i o u s notice e n t e r u p o n t h e demised p r o p e r t y a n d view t h e state of r e p a i r thereof and

a n d m a y serve u p o n t h e lessee or leave a t his last or u s u a l place of abode i n t h i s Colony or u p o n t h e demised p r o p e r t y a notice i n w r i t i n g of a n y defect r e q u i r i n g h i m w i t h i n a reasonable t i m e t o b e t h e r e i n prescribed t o repair t h e same. (2.) T h a t i n case t h e r e n t or a n y p a r t thereof shall be i n a r r e a r for t h e space of six calendar m o n t h s or i n case default shall b e m a d e i n t h e fulfilment of a n y c o v e n a n t w h e t h e r expressed or implied i n s u c h lease on t h e p a r t of t h e lessee ' a n d shall be c o n t i n u e d for t h e space of six c a l e n d a r m o n t h s or i n case t h e r e p a i r s r e q u i r e d b y s u c h notice as aforesaid shall n o t h a v e been completed w i t h i n t h e t i m e t h e r e i n specified it shall be lawful for s u c h lessor t o r e - e n t e r u p o n a n d t a k e possession of s u c h demised p r e m i s e s . 5 3 . I n a n y such case t h e R e g i s t r a r G e n e r a l u p o n proof t o h i s satisfaction of lawful r e - e n t r y a n d recovery of possession b y a lessor shall n o t e t h e s a m e b y e n t r y i n t h e R e g i s t e r B o o k a n d t h e estate of t h e lessee i n such l a n d shall t h e r e u p o n d e t e r m i n e b u t w i t h o u t releasing h i m from his liability i n respect of t h e breach of a n y c o v e n a n t i n s u c h lease expressed or implied a n d t h e R e g i s t r a r G e n e r a l shall cancel s u c h lease if delivered u p t o h i m for t h a t p u r p o s e . 54. W h e n e v e r a n y l a n d or estate or i n t e r e s t in l a n d u n d e r t h e provisions of t h i s A c t is i n t e n d e d t o b e c h a r g e d or m a d e security i n favor of a n y m o r t g a g e e t h e m o r t g a g o r shall e x e c u t e a m e m o r a n d u m of m o r t g a g e i n form G of t h e Schedule h e r e t o a n d w h e n e v e r a n y s u c h l a n d e s t a t e or i n t e r e s t is i n t e n d e d t o be c h a r g e d w i t h or m a d e security for t h e p a y m e n t of a n a n n u i t y r e n t c h a r g e or s u m of m o n e y i n favor of a n y e n c u m b r a n c e e t h e e n c u m b r a n c e r shall execute a m e m o r a n d u m of e n c u m b r a n c e i n form H of t h e S c h e d u l e h e r e t o a n d e v e r y such i n s t r u m e n t shall c o n t a i n a n a c c u r a t e s t a t e m e n t of t h e estate or i n t e r e s t i n t e n d e d t o b e m o r t g a g e d or e n c u m b e r e d a n d shall for description of t h e l a n d i n t e n d e d t o b e dealt w i t h refer t o t h e g r a n t or certificate of t i t l e of t h e l a n d i n w h i c h s u c h estate or interest is h e l d or s h a l l give s u c h o t h e r description as m a y b e necessary t o identify s u c h l a n d t o g e t h e r w i t h a s t a t e m e n t of all m o r t g a g e s a n d o t h e r e n c u m b r a n c e s affecting t h e same if any. 55. M o r t g a g e a n d e n c u m b r a n c e u n d e r t h i s A c t shall h a v e effect as security b u t shall n o t o p e r a t e as a transfer of t h e l a n d t h e r e b y c h a r g e d a n d i n case default be m a d e i n t h e p a y m e n t of t h e p r i n c i p a l s u m i n t e r e s t a n n u i t y or r e n t c h a r g e or a n y p a r t t h e r e o f t h e r e b y secured or i n t h e observance of a n y c o v e n a n t expressed i n a n y m e m o r a n d u m of m o r t g a g e or of e n c u m b r a n c e registered u n d e r t h i s A c t or t h a t is hereinafter declared t o b e implied i n s u c h i n s t r u m e n t a n d such default b e c o n t i n u e d for t h e space of one c a l e n d a r m o n t h or for s u c h o t h e r period of t i m e as m a y t h e r e i n for t h a t p u r p o s e be expressly l i m i t e d t h e m o r t g a g e e or i n c u m b r a n c e e m a y give t o t h e m o r t g a g o r or e n c u m b r a n c e r notice i n w r i t i n g t o p a y t h e m o n e y t h e n d u e or owing o n s u c h m e m o r a n d u m of m o r t g a g e or of e n c u m b r a n c e or t o observe t h e c o v e n a n t s t h e r e i n expressed or implied as t h e case m a y b e a n d t h a t sale will b e effected u n l e s s s u c h default b e r e m e d i e d or m a y leave s u c h n o t i c e on t h e m o r t g a g e d or e n c u m b e r e d l a n d or a t t h e u s u a l or l a s t k n o w n place of abode i n t h e Colony of t h e m o r t  gagor or e n c u m b r a n c e r or o t h e r p e r s o n c l a i m i n g t o b e t h e n e n t i t l e d to t h e said l a n d or w i t h his k n o w n a g e n t . 56. After s u c h default i n p a y m e n t or i n observance of c o v e n a n t s c o n t i n u i n g for t h e further space of one c a l e n d a r m o n t h from t h e service of s u c h n o t i c e or for s u c h o t h e r period as m a y i n s u c h i n s t r u m e n t b e for t h a t p u r p o s e l i m i t e d s u c h m o r t g a g e e or e n c u m b r a n c e e is hereby a u t h o r i z e d a n d e m p o w e r e d t o sell t h e l a n d so m o r t g a g e d or e n c u m  b e r e d or any p a r t thereof a n d all t h e estate a n d i n t e r e s t t h e r e i n of the

t h e m o r t g a g o r or e n c u m b r a n c e r a n d e i t h e r a l t o g e t h e r or i n lots b y p u b l i c a u c t i o n or b y p r i v a t e c o n t r a c t or b o t h s u c h modes of sale a n d subject t o s u c h conditions as h e m a y t h i n k fit a n d t o b u y in a n d resell t h e s a m e w i t h o u t b e i n g liable for a n y loss occasioned t h e r e b y a n d t o m a k e a n d execute all s u c h i n s t r u m e n t s as shall b e necessary for effecting t h e sale thereof all w h i c h sales c o n t r a c t s m a t t e r s a n d t h i n g s h e r e b y a u t h o r i z e d s h a l l b e as valid a n d effectual as if t h e m o r t g a g o r or e n c u m b r a n c e r h a d m a d e d o n e or e x e c u t e d t h e same a n d t h e receipt or receipts i n w r i t i n g of t h e m o r t g a g e e or e n c u m b r a n c e e shall b e a sufficient discharge t o t h e p u r c h a s e r of s u c h l a n d e s t a t e or i n t e r e s t or of a n y p o r t i o n t h e r e o f for so m u c h of h i s p u r c h a s e m o n e y as m a y b e t h e r e b y expressed t o b e received a n d n o s u c h p u r c h a s e r shall b e answerable for t h e loss m i s a p p l i c a t i o n or n o n - a p p l i c a t i o n or be obliged t o see t o t h e a p p l i c a t i o n of t h e p u r c h a s e m o n e y b y h i m paid n o r shall h e be concerned t o i n q u i r e as to t h e fact of a n y default or notice h a v i n g b e e n m a d e or given as aforesaid a n d t h e p u r c h a s e m o n e y t o arise from t h e sale of a n y s u c h l a n d e s t a t e or i n t e r e s t shall be applied first in p a y m e n t of t h e expenses occasioned b y s u c h sale secondly in p a y m e n t of t h e m o n e y s w h i c h m a y t h e n b e d u e or o w i n g t o t h e m o r t g a g e e or e n c u m b r a n c e e t h i r d l y i n p a y m e n t of s u b s e q u e n t m o r t g a g e s or e n c u m b r a n c e s if a n y in t h e o r d e r of t h e i r p r i o r i t y a n d t h e s u r p l u s if a n y shall b e paid t o t h e m o r t g a g o r or e n c u m b r a n c e r as t h e case m a y b e . 57. U p o n proof t o his satisfaction by s t a t u t o r y declaration t h a t s u c h default h a s b e e n m a d e a n d c o n t i n u e s as aforesaid t h e R e g i s t r a r G e n e r a l shall r e g i s t e r a n y m e m o r a n d u m or i n s t r u m e n t of t r a n s f e r e x e c u t e d b y a m o r t g a g e e or e n c u m b r a n c e e for t h e p u r p o s e of s u c h sale as aforesaid a n d u p o n s u c h r e g i s t r a t i o n t h e estate or i n t e r e s t of t h e m o r t g a g o r or e n c u m b r a n c e r as t h e r e i n described t o b e conveyed s h a l l pass t o a n d vest i n t h e p u r c h a s e r freed a n d d i s c h a r g e d from all liability o n a c c o u n t of s u c h m o r t g a g e or e n c u m b r a n c e or of a n y m o r t g a g e or e n c u m b r a n c e registered s u b s e q u e n t t h e r e t o a n d if s u c h m e m o r a n d u m of t r a n s f e r p u r p o r t s t o pass a n estate of freehold i n possession riot b e i n g a life leasehold t h e p u r c h a s e r shall b e e n t i t l e d t o receive a certificate of t i t l e for t h e same. 5 8 . T h e m o r t g a g e e or e n c u m b r a n c e e u p o n default i n p a y m e n t of t h e p r i n c i p a l s u m or a n y p a r t t h e r e o f or of a n y i n t e r e s t a n n u i t y or r e n t c h a r g e secured b y a n y m o r t g a g e or e n c u m b r a n c e m a y e n t e r i n t o possession of t h e m o r t g a g e d or e n c u m b e r e d l a n d b y receiving t h e r e n t s a n d profits thereof or m a y d i s t r a i n u p o n t h e occupier or t e n a n t of t h e said l a n d u n d e r t h e p o w e r t o distrain hereinafter c o n t a i n e d for t h e r e n t t h e n d u e or m a y b r i n g a n a c t i o n of e j e c t m e n t t o recover t h e said l a n d e i t h e r before or after e n t e r i n g into t h e receipt of t h e r e n t s a n d profits t h e r e o f or m a k i n g a n y distress as aforesaid a n d e i t h e r before or after a n y sale of s u c h l a n d shall b e effected u n d e r t h e power of sale given or implied i n h i s m e m o r a n d u m of m o r t g a g e or of e n c u m b r a n c e i n t h e same m a n n e r i n w h i c h h e m i g h t h a v e m a d e s u c h e n t r y or distress or b r o u g h t s u c h a c t i o n if t h e p r i n c i p a l s u m or a n n u i t y w e r e secured t o h i m b y a conveyance of t h e legal e s t a t e in t h e l a n d so m o r t g a g e d or e n c u m b e r e d a n d a n y s u c h registered m o r t  gagee shall be e n t i t l e d t o foreclose t h e r i g h t of t h e m o r t g a g o r t o r e d e e m t h e said m o r t g a g e d or e n c u m b e r e d l a n d s i n m a n n e r hereinafter provided. 59. W h e n e v e r a m o r t g a g e e or e n c u m b r a n c e e shall give n o t i c e of h i s d e m a n d i n g t o e n t e r i n t o r e c e i p t of t h e r e n t s a n d profits of t h e m o r t g a g e d or e n c u m b e r e d l a n d t o t h e t e n a n t or occupier or o t h e r p e r s o n liable t o p a y or a c c o u n t for t h e r e n t s a n d profits t h e r e o f all t h e p o w e r s a n d r e m e d i e s of t h e m o r t g a g o r or e n c u m b r a n c e r in r e g a r d t o r e c e i p t a n d recovery of a n d giving discharges for s u c h r e n t s a n d profits shall be suspended a n d transferred to t h e said m o r t g a g e e or e n c u m  b r a n c e e u n t i l s u c h notice be w i t h d r a w n or t h e m o r t g a g e or e n c u m D brance

brance shall be satisfied and a discharge thereof duly registered and in every such case the receipt in writing of the mortgagee or encumbrancee shall be a sufficient discharge for any rents and profits therein expressed to be received and no person paying the same shall be bound to inquire concerning any default or other circumstance affecting the right of the person giving such notice beyond the fact of his being duly registered as mortgagee or encumbrancee of the land Provided that nothing herein contained shall interfere with the effect of any rule order or judgment of the Supreme Court in regard to the payment of rent under the special circumstances of any case nor shall prejudice any remedy of the mortgagor or encumbrancer against the mortgagee or encumbrancee for wrongful entry or for an account. 60. Any mortgagee or encumbrancee of leasehold land under the provisions of this Act or any person claiming the said land as a purchaser or otherwise from or under such mortgagee or encumbrancee after entering into possession of the said land or the rents and profits thereof shall during such possession and to the extent of any rents and profits which may be received by him become and be subject and liable to the lessor of the said land or the person for the time being entitled to the said lessor's estate or interest in the said land to the same extent as the lessee or tenant was subject to and liable for prior to such mortgagee encumbrancee or other person entering into pos session of the said land or the rents and profits thereof. 61. Upon the production of any memorandum of mortgage or of encumbrance having thereon an indorsement signed by the mortgagee or encumbrancee and attested by a witness discharging the land estate or interest from the whole or part of the principal sum or annuity secured or discharging any part of the land com prised in such instrument from the whole of such principal sum or annuity the Registrar General shall make an entry in the Register Book noting that such mortgage or encumbrance is discharged wholly or partially or that part of the land is discharged as aforesaid as the case may require and upon such entry being so made the estate or interest or the portion of land mentioned or referred to in such indorsement as aforesaid shall cease to be subject to or liable for such principal sum or annuity or as the case may be for the part thereof noted in such entry as discharged. i 62. Upon proof of the death of the annuitant or of the occurrence of the event or circumstance upon which in accordance with the provisions of any memorandum of encumbrance the annuity or sum of money thereby secured shall cease to be payable and upon proof that all arrears of the said annuity and interest or money have been paid satisfied or discharged the Registrar General shall make an entry in the Register Book noting that such annuity or sum of money is satisfied and discharged and shall cancel such instrument and upon such entry being made the land estate or interest shall cease to be subject to or liable for such annuity or sum of money and the Registrar General shall in any or either such case as aforesaid indorse on the grant certificate of title or other instrument evidencing the title of the mortgagor or encumbrancer to the land estate or interest mortgaged or encumbered a memorandum of the date on which such entry as aforesaid was made by him in the Register Book whenever such grant certificate of title or other instrument shall be presented to him for that purpose. 63. In case the registered mortgagee shall be absent from the Colony and there be no person authorized to give a receipt to the mortgagor for the mortgage money at or after the date appointed for the redemption of any mortgage it shall be lawful for the Colonial Treasurer to receive such mortgage money with all arrears of interest

interest then due thereon in trust for the mortgagee or other person entitled thereto and thereupon the interest upon such mortgage shall cease to run or accrue and the Registrar General shall upon the receipt of the said Treasurer for the amount of the said mortgage money and interest make an entry in the Register Book discharging such mortgage stating the day and hour on which such entry is made and such entry shall be a valid discharge for such mortgage and shall have the same force and effect as is herein before given to a like entry when made upon production of the memorandum of mortgage with the receipt of the mortgagee and the Registrar General shall indorse on the grant certificate of title or other instrument as aforesaid and also on the memorandum of mortgage whenever those instruments shall he brought to him for that purpose the several particulars hereinbefore directed to be indorsed upon each of such instruments respectively. 6 4 In every memorandum of mortgage there shall be implied against the mortgagor a covenant that he will repair and keep in repair all buildings or other improvements erected and made upon the land and that the mortgagee may at all convenient times until such mortgage be redeemed be at liberty with or without surveyors or others to enter into and upon such land to view and inspect the state of repair of such buildings or improvements. 65. Such of the covenants hereinafter set forth as shall be expressed in any memorandum of lease or mortgage as to be implied shall if expressed in the form of words hereinafter appointed and prescribed for the case of each such covenant respectively be so implied as fully and effectually as if such covenants were set forth fully and in words at length in such instrument that is to say the words "will insure" shall imply as follows--that the lessee or mortgagor will insure and so long as the principal money and interest secured by mortgage shall remain unpaid or the term expressed in the said mortgage or lease shall not have expired will keep insured in the name of such mortgagee or lessor in some public insurance office to be approved by such mortgagee or lessor against loss or damage by fire to the full amounts specified in such instrument or if no amount be specified then to their full value all buildings tenements or premises erected on such land which shall be. of a nature or kind capable of being insured against loss or damage by fire and that the mortgagor or lessee will at the request of the mortgagee or lessor hand over to and deposit with him the policy of every such insurance and produce to him the receipt or receipts for the annual or other premiums payable on account thereof and also that all moneys to be received under or by virtue of any such insurance shall in the event of loss or damage by fire be laid out and expended in making good such loss or damage provided also that if default shall be made in the observance or performance of the covenant last above mentioned it shall be lawful for the mortgagee or lessor without prejudice nevertheless to and concurrently with the powers granted him by his memorandum of mortgage or lease or by this Act provided to insure such building and the costs and charges of such insurance shall until such mortgage be redeemed or such lease shall have expired be a charge upon the said land recoverable in like manner as rent or interest in arrear The words "paint outside every alternate year" shall imply as follows viz.--and also will in every alternate year during the currency of such lease paint all the outside woodwork and ironwork belonging to the hereditaments and premises mentioned in such lease with two coats of proper oil-colours in a workmanlike manner The words "paint and paper inside every third year " shall imply as follows viz.--and will in every third year during the currency of such lease paint the inside wood iron and other works now or usually painted with twe coats

coats of proper oil-colours in a workmanlike manner and also re-paper with paper of a quality as at present such parts of the said premises as are now papered and also w ash stop whiten or colour such parts of the said premises as are now whitened or coloured respectively The words " will fence " shall imply as follows viz.--and also will during the continuance of the said lease erect and put up on the boundaries of the land therein mentioned or upon such boundaries upon which no substantial fence now exists a good and substantial fence The word " cultivate " shall imply as follows viz.--and will at all times during the said lease cultivate use and manage all such parts of the land therein mentioned as are or shall be broken up or converted into tillage in a proper and husbandmanlike manner and will not impoverish or waste the same The words " that the lessee will not use the said premises 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 such lease or any part thereof into or as a shop warehouse or other place for carrying on any trade or business what soever 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 without the consent in writing of the said lessor The words " will not carry on offensive trades " shall imply as follows-- and also that no noxious noisome or offensive art trade business occu pation 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 and that no act matter or thing whatsoever shall at any time during the said term be done in or upon 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 The words " will not without leave assign or sublet" shall imply as follows viz.--and also that the said lessee shall not nor will during the term of such lease assign transfer demise sublet or set over or otherwise by any act or deed procure the lands or premises therein mentioned or any of them or any part thereof to be assigned transferred demised sublet or set over unto any person whomsoever without the consent in writing of the said lessor first had and obtained The words "will not cut timber" shall imply as follows--and also that the said lessee shall not nor will cut down fell injure or destroy any growing or living timber or timber-like trees standing and being upon the said hereditaments and premises above mentioned without the consent in writing of the said lessor The words " will carry on the business of a publican and conduct the same in an orderly manner " shall imply as follows viz.--and also that the said lessee will at all times during the currency of such lease use exercise and carry on in and upon the premises therein mentioned the trade or business of a licensed victualler or pubbcan and retailer of spirits wines ale beer and porter and keep open and use the messuage tenement or inn and buildings standing and being upon the said land as and for an inn or public-house for the reception accommodation and entertainment of travellers guests and other persons resorting thereto or frequenting the same and manage and conduct such trade or business in a quiet and orderly manner and will not do commit or permit or suffer to be done or committed any act matter or thing whatsoever whereby or by means whereof any license shall or may be forfeited or become void or liable to be taken away suppressed or suspended in any manner howsoever The words "will apply for renewal of license " shall imply as follows viz.--and also shall and will from time to time during the continuance of the said term at the proper times for that purpose apply for and endeavour to obtain at his own

own expense all such licenses as are or may he necessary for carrying on the said trade or business of a licensed victualler or publican in and upon the said hereditaments and premises and keeping- the said messuage tenement or inn open as and for an inn or public-house as aforesaid The words " will facilitate the transfer of license" shall imply as follows viz.--and also shall and will at the expiration 01 other sooner determination of the said lease sign and give such notice or notices and allow such notice or notices of a renewal or transfer of any license as may be required by law to be affixed to the said messuage tenement or inn to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf and generally to do and perform all such further acts matters and things as shall be necessary to enable the said lessor or any other person authorized by him to obtain the renewal of any license or any new license or the transfer of any license then existing and in force. 66. The Registrar General shall not make any entry in the Register Book of any notice of trusts whether expressed implied 01 constructive but trusts may be declared by any instrument or deed which instrument or deed may include as well lands under the pro visions of this Act as land which is not under the provisions thereof Provided that the description of the; several parcels of land contained in such instrument or deed shall sufficiently distinguish the land which is under the provisions of this Act from the land which is not under the provisions thereof and a duplicate or an attested copy of such instrument may be deposited with the Registrar General for safe custody and reference but shall not be registered. 67. Upon the transfer of any land estate or interest under the provisions of this Act to two or more persons as joint proprietors to be held by them as trustees it shall be lawful for the transferror to insert in the memorandum of transfer or other instrument the words " no survivorship" and the Registrar General shall in such case include such words in the memorial of such instrument to be entered by him in the Register Book as hereinbefore directed and shall also enter the said words upon any certificate of title issued to such joint proprietors pursuant to such memorandum of transfer And any two or more persons registered as joint proprietors of any land estate or interest under the provisions of this Act held by them as trustees may by writing under their hand authorize the Registrar General to enter the words " no survivorship " upon the grant certificate of title or other instrument evidencing their title to such estate or interest and also upon the duplicate of such instrument in the Register Book or filed in his office and after such entry has been made and signed by the Registrar General in either such case as aforesaid it shall not be lawful for any less number of joint proprietors than the number then regis tered to transfer or otherwise deal with the said land estate or interest without obtaining the sanction of the Supreme Court or a Judge thereof. 68. Before making any such order as aforesaid the Court or Judge shall if it seem requisite cause notice of intention so to do to be advertised once in the Gazette and three times in at least one newspaper published in Sydney and shall appoint a period of time within which it shall be lawful for any person inter ested to shew cause whv such order should not be issued and thereupon it shall be laAvful for the said Court or Judge in such order to give directions for the transfer of such land estate or interest to any new proprietor or proprietors solely or jointly with or in the place of any existing proprietor or to make such order in the premises as the Court thinks just for the protection of the persons benefi cially interested in such land estate or interest or in the proceeds thereof

thereof and upon such order being deposited with the Registrar General he shall make such entries and perform such acts as in accord ance with the provisions of this Act may be necessary for the purpose of giving effect to such order. 69. The registered proprietor of any land estate or interest under the provisions of this Act may authorize and appoint any person to act for him or on his behalf in respect to the transfer or other dealing with such land estate or interest in accordance with the provisions of this Act by executing a power in any form heretofore in use for the like purpose or in form I of the Schedule hereto and such power of attorney or a duplicate or certified copy thereof shall be filed in the Office of the Registrar General who shall enter in the Register Book a memorandum of the particulars therein con tained and the date and hour when it was so filed. 70. The Registrar General upon the application of any regis tered proprietor of land under the provisions of this Act shall grant to such proprietor a registration abstract in the form K of the Schedule hereto enabling him to transfer or otherwise deal with his estate or interest in such land at any place without the limits of the Colony and shall at the same time enter in the Register Book a memorandum recording the issue of such registration abstract and shall indorse on the grant certificate of title or other instrument evidencing the title of such applicant proprietor a like memorandum and from and after the issuing of any such registration abstract no transfer or other dealing in any way affecting the estate or interest in respect of which such registration abstract is issued shall be entered in the Register Book until such abstract shall have been surrendered to the Registrar General to be cancelled or the loss or destruction of such abstract proved to his satisfaction. 71. Whenever any transfer or other dealing is intended to be transacted under any such registration abstract a memorandum of transfer or such other instrument as the case may require shall be prepared in duplicate in form hereinbefore appointed and shall be pro duced to some one of the persons hereinafter appointed as persons before whom the execution of instruments without the limits of the Colony may be proved and upon memorial of such instrument being entered upon the registration abstract and authenticated by the signature of such authorized person as aforesaid in manner hereinbefore directed for the entry of memorials in the Register Book such instru ment shall be held to be registered and such transfer or other dealing shall be as valid and binding to all intents as if the same had been entered in the Register Book by the Registrar General and whenever a memorial of any instrument which has not been indorsed upon the instrument evidencing title to the estate or interest intended to be dealt with has been entered upon the registration abstract such autho rized person as aforesaid shall record the like memorial on the duplicate grant certificate of title lease or other instrument evidencing title as aforesaid and the certificate of registration indorsed on the instrument of which the memorial has been so entered and signed by such autho rized person and sealed with his seal shall be received in all Courts of Law or Equity as conclusive evidence that such instrument has been duly registered. 72. Upon the delivery of any registration abstract to the Registrar General he shall record in the Register Book in such manner as to preserve their priority the particulars of every transfer or other dealing recorded thereon and shall file in his office the duplicates of every memorandum of transfer or other instrument executed there under which may for that purpose be delivered to him and shall cancel such abstract and note the fact of such cancellation in the Register Book

Book and if a freehold estate in such land or in any part thereof he transferred the grant or certificate of title shall be delivered up to the Registrar General who shall thereupon proceed as is hereinbefore directed for the case of the transfer of an estate of freehold. 73. Upon proof at any time to the satisfaction of the Registrar General that any registration abstract is lost or so obliterated as to be useless and that the powers thereby given have never been exercised or if they have been exercised then upon proof of the several matters and things that have been done thereunder it shall be lawful for the Registrar General as circumstances may require either to issue a new registration abstract as the case may be or to make such entries in the Register Book or do such acts as might have been made or done if no such loss or obliteration had taken place. 74. The registered proprietor of any land in respect of which a power of attorney lias been executed may for the purpose of revoking such power execute an instrument in the form L of the Schedule hereto or in any form heretofore in use for the like purpose and the Registrar General shall except in any case where a registration abstract is outstanding enter the particulars thereof in the Register Book and record thereon the date and hour in which such entry was made and shall file the same in his office and after the date of such entry the Registrar General shall not give effect to any memorandum of transfer or other instrument executed pursuant to such power of attorney.
PART 5.-- Transmissions.

75. Upon the bankruptcy or insolvency of the registered pro prietor of any land estate or interest under the provisions of this Act the assignees of such bankrupt or insolvent shall be entitled to be registered as proprietors in respect of the same and the Registrar General upon the receipt of an office copy of the appointment of such assignees accompanied by an application in writing under their hand to be so registered in respect to any land estate or interest of such bankrupt or insolvent therein specified and described shall enter in the Register Book upon the folium constituted by the grant or certi ficate of title of such land a memorandum notifying the appointment of such assignees and upon such entry being made such assignees shall be deemed and taken to be registered proprietors of the estate or interest of such bankrupt or insolvent in such land and shall hold the same subject to the equities upon and subject to which the bankrupt or insolvent held the same but for the purpose of any dealings with such land estate or interest under the provisions of this Act such assignees shall be deemed to be absolute proprietors thereof. 76. Upon the bankruptcy or insolvency of the registered pro prietor of any lease subject to mortgage under the provisions of this Act the Registrar General upon the application in writing of the mortgagee accompanied by a statement in writing signed by the assignees of such bankrupt or insolvent certifying their refusal to accept such lease shall enter in the Register Book the particulars of such refusal and such entry shall operate as a foreclosure and the interest of the insolvent in such lease shall thereupon vest in such mortgagee and if such mortgagee shall neglect or decline to make such application as aforesaid the Registrar General upon application by the lessor and proof of such neglect or refusal and of the matters aforesaid shall enter in the Register Book notice of such neglect or refusal of such assignee to accept such lease and such entry shall operate as a surrender of such lease. 77. The Registrar General upon the production of the register or other sufficient proof of the marriage of a female registered pro prietor of any land estate or interest under the provisions of this Act accompanied

accompanied by an application in- writing signed by such female proprietor to that effect shall enter on the Register Book and also upon the certificate of title or other instrument evidencing the title of such female proprietor when produced to him for that purpose the name and description of her husband the date of the marriage and where solemnized the day and hour of the production to him of the register or other sufficient evidence of such marriage and the husband of such female proprietor shall unless such land be held for her separate use be entitled to be registered as co-proprietor of such land in right of his wife and the Registrar General upon application to that effect and surrender of the existing certificate of title shall comply with such application. 78. Whenever any mortgage encumbrance or lease affecting land under the provisions of this Act shall be transmitted in conse quence of the will or intestacy of the registered proprietor thereof probate or an office copy of the will of the deceased proprietor or letters of administration or the order of the Supreme Court authorizing the Curator of Intestate Estates to administer the personal estate of the deceased proprietor of such estate or interest as the case may be accompanied by an application in writing from the executor adminis trator or curator claiming to be registered as proprietor in respect of such estate or interest shall be produced to the Registrar General who shall thereupon enter in the Register Book and on the lease or other instrument evidencing title to the estate or interest transmitted the date of the will and of the probate or of the letters of administration or order of the Supreme Court as aforesaid the date and hour of the production of the same to him the date of the death of such proprietor when the same can be ascertained with such other particulars as he may deem necessary and upon such entry being made the executors or administrators or the Curator of Intestate Estates as the case may be shall be deemed to be registered proprietors or proprietor of such mortgage encumbrance or lease and the Registrar General shall note the fact of such registration by memorandum under his hand on the letters of administration probate or other instrument as aforesaid. 79. The heir-at-law devisee tenant by the courtesy or other person claiming any estate of freehold in the land of a deceased proprietor may make application in writing to the Registrar General to be registered as proprietor of such estate and shall deposit with him the certificate of the death the will or an office copy or probate of the will of the deceased proprietor or any settlement under which such applicant claims or in the case of intestacy such evidence of heirship as he may be enabled to produce and such application shall state the nature of every estate or interest held by other persons at law or in equity in such land within the applicant's knowledge and that he verily believes himself to be entitled to the estate in such land in respect to which he applies to be registered and the statements made in such application shall be verified by the oath or statutory declai'ation of such applicant Provided always that the heir-at-laAv devisee or other person making such application shall surrender the existing grant or certificate of title of the land in respect to Avhich he claims to be registered as proprietor prior to his being entered in the Register Book as hereinafter mentioned. 80. The Registrar General shall refer such application to the Examiners for examination and report and thereafter shall submit the same for the consideration of the Commissioners who may either reject such application altogether or direct the Registrar General to cause notice thereof to be published once in the Gazette and three times in at least one daily newspaper published in Sydney and to give such further publicity to such application as they

they may direct whether by advertisement or the serving or posting of notices and shall limit and appoint a time not less than one month from the date of the advertisement in such Gazette upon or after which the Registrar General may unless he shall in the interval have received a caveat forbidding him so to do register such applicant as proprietor of such land by entering in the Register Book the particulars of the transmission through which such applicant claims and by issuing to such applicant a certificate of title for the land so transmitted and the Commissioners may direct any caveat to be entered by the Registrar General for the protection of the interests of such other persons (if any) as may be interested in such land Provided always that the person registered consequent on such direction of the Commissioners or any executor or adminis trator or the Curator of Intestate Estates when registered in respect of any mortgage encumbrance or lease shall hold such land estate or interest in trust for the persons and purposes to which it is appli cable) by flaw but for the purposes of any dealing with such land estate or interest under the provisions of this Act he shall be deemed to be absolute proprietor thereof.
PART

VI.--General

Provisions.

81. Any settlor of land under the provisions of this Act transferring such land to be held by the transferree as trustee or any beneficiary or other persons claiming estate or interest in such land under any unregistered instrument or by devolution in law or otherwise may by caveat in the form M of Schedule hereto forbid the registration of any instrument affecting such land estate or interest either absolutely or until after notice of the intended dealing given to the caveator as may be required and enjoined in such caveat and every such caveat shall state the name and address of the person by whom or on whose behalf the same is lodged and shall contain a sufficient description to identify the land and the estate or interest therein claimed by the caveator or by the person on whose behalf the caveat is lodged and except in case of caveats lodged by order of the Supreme Court or by the Registrar General as hereinbefore provided shall be signed by the caveator or by his solicitor known agent or attorney and every notice relating to such caveat or to any proceedings in respect thereof if served at the address mentioned in such caveat or at the office of the solicitor known agent or attorney who may have signed the same shall be deemed to be duly served and every such caveat may be withdrawn by the caveator. 82. Upon the receipt of such caveat the Registrar General shall notify the same to the person against whose application to bring land under the provisions of this Act or to be registered as proprietor or as the case may be to the registered proprietor against whose title to deal with land under the provisions of this Act such caveat has been lodged and such applicant proprietor or registered proprietor may if he think fit summon the caveator or the person on whose behalf such caveat has been lodged to attend before the Supreme Court or a Judge thereof to show cause why such caveat should not be removed and it shall be lawful for such Court or Judge upon proof that such person has been summoned to make such order in the premises cither ex parte or otherwise as to such Court or Judge may seem fit And except in the case of a caveat lodged by a settlor or by or on behalf of a beneficiary claiming under any will or settlement or by the Registrar General for the protection of incapable persons or for the prevention of fraud as hereinbefore prescribed every such caveat lodged against a registered proprietor shall imless an order to the contrary be made by the Supreme Court or a Judge thereof be deemed to have lapsed upon the expiration of fourteen days after E notice

notice given to the caveator that such registered proprietor has applied for the registration of any transfer or other dealing with such land estate or interest. 83. So long as any caveat shall remain in force prohibiting the transfer or other dealing with land the Registrar General shall not enter in the Register Book any memorandum of transfer or other instrument purporting to transfer or otherwise deal with or affect the land estate or interest in respect to which such caveat may be lodged. 84. Any person lodging any caveat with the Registrar General without reasonable cause shall be liable to make to any person who may have sustained damage thereby such compensation as may be just and such compensation shall be recoverable in an action at law by the person who has sustained damage from the person who lodged the caveat. i 85. The registered proprietor of any land or of any estate or interest in land under the provisions of this Act whether of the nature · of real or personal property may by any of the forms of instruments of ' transfer provided by this Act modified as may be necessary transfer such land estate or interest or any part thereof to his wife or if such registered proprietor be a married woman it shall be lawful for her to make such transfer to her husband or it shall be lawful for such regis tered proprietor to make such transfer to himself jointly with any other person or persons or to create or execute any powers of appoint ment or to limit any estates whether by remainder or otherwise without limiting any use or executing any re-assignment but upon the regis tration of such transfer the said land estate or interest shall vest in such registered proprietor jointly with any other person or persons or in the person taking under such limitation or in whose favor any power may have been executed or otherwise according to the intent and meaning appearing in such instrument and thereby expressed. 86. Two or more persons who may be registered as joint pro prietors of an estate or interest in land under the provisions of this Act shall be deemed to be entitled to the same as joint tenants and shall each receive a separate and distinct certificate of such joint estate marked respectively with the name of the owner to whom the same shall be delivered and in all cases where two or more persons are entitled as tenants in common to undivided shares of or in any land such persons shall also receive separate and distinct certificates of title or other instrument evidencing title to such undivided shares. 87. When any person is registered as joint proprietor with his wife of an estate in fee simple in right of his wife if such person die in the lifetime of his wife and before any transfer of such estate or if such wife die in the lifetime of her husband and the said husband is entitled as tenant by the courtesy or upon the death of any person registered together with any other person as joint proprietor of the same estate or interest in any land or when the life estate in respect to which any certificate of title has been issued has determined and the estate next registered in remainder or reversion has become vested in possession or the person to whom such certificate of title has been issued has become entitled to the said land for an estate in fee simple in posses sion the Registrar General may upon the application of the person entitled and proof to his satisfaction of any such occurrence as afore said register such person as proprietor of such estate or interest in manner hereinbefore prescribed for the registration of a like estate or interest upon a transfer or transmission. 88. Whenever a certificate of title has been issued in respect of a life estate in any land any person entitled in reversion or remainder to such land may apply to he registered as so entitled and the Registrar General shall cause the title of such applicant to be investigated by the

the Examiners and thereafter submit the same for consideration by the Commissioners who may cither reject such application alto gether or direct that the applicant be registered forthwith or be so registered unless caveat be lodged after such notice or advertisement and within such period as they may appoint and the Registrar General shall obey such direction or any order of the Supreme Court in the premises. 89. Every covenant and power to be implied in any instrument by virtue of this Act may be negatived or modified by express decla ration in the instrument or indorsed thereon and in any declaration in an action for a supposed breach of any such covenant the covenant alleged to be broken may be set forth and it shall be lawful to allege that the party against whom such action is brought did so covenant precisely in the same manner as if such covenant had been expressed in words in such memorandum of transfer or other instrument any law or practice to the contrary notwithstanding and every such implied covenant shall have the same force and effect and be enforced in the same manner as if it had been set out at length in such instrument and where any memorandum of transfer or other instrument in accord ance with the provisions of this Act is executed by more parties than one such covenants as are by this Act declared to be implied in instru ments of the like nature shall be construed to be several and not to bind the parties jointly. 90. The Registrar General may subject to the approval of the Governor with the advice aforesaid from time to time make such alterations in the several forms of instruments prescribed in the Schedule hereto as he may deem requisite and shall cause every such form to be stamped with his seal and to be supplied at the General Registry Office free of charge or at such moderate prices as he may from time to time fix or may license any person to print and sell the same. 91. The Registrar General with the consent of the Com missioners in case they shall see reasonable cause for so doing may dispense with the production of any grant certificate of title lease or other instrument for the purpose of entering the memorial by tins Act required to be entered upon the transfer or other dealing with land under the provisions of this Act and upon the regis tration of such transfer or other dealing the Registrar General shall notify in the memorial in the Register Book that no entry of such memorial has been made on the duplicate grant or other instrument and such transfer or other dealing shall thereupon be as valid and effectual as if such memorial had been so entered and the Registrar General may with the like consent dispense with the production of the grant or certificate of title hereinbefore required to be surrendered prior to the registration of a devisee or heir-at-law upon the transmission of an estate of freehold Provided always that before registering such transfer transmission or other dealing the Registrar General shall in such case require the transferror or other party dealing or deriving to make an affidavit that such grant or instrument has not been deposited as security for any loan and shall give at least fourteen days' notice of his intention to register such dealing in the Gazette and in at least one daily newspaper published in Sydney. 92. No writ of fieri facias or other writ of execution issued prior to the date on which this Act shall come into operation or there after shall bind charge or affect any land estate or interest under the provisions of this Act but whenever any land or any estate or interest in land under the provisions of this Act shall be seised or sold by the Sheriff or the Registrar or Bailiff of any District Court under any writ or shall be sold under any direction decree or order of the Supreme Court or District Court or whenever any order of such Court shall be

be made authorizing the Curator of Intestate Estates to take the charge of the real estate of a deceased proprietor the Registrar General on being served with an office copy of the writ direction decree or order as the case may be shall enter in the Register Book and also upon the instrument evidencing title to the said estate or interest if produced for that purpose the date of the said writ direction decree or order and the date and hour of the production thereof and after such entry as aforesaid the Sheriff or person authorized by the Supreme Court or the Registrar or Bailiff of any District Court shall do such acts and execute such instruments as under the provisions of this A c t may be necessary to transfer or otherwise to deal with the said estate or interest Provided always that unless and until such entry has been made as aforesaid no such writ shall bind or affect any land under the provisions of this A c t or any estate or interest therein nor shall any sale or transfer by the Sheriff Registrar or Bailiff be valid as against a purchaser or mortgagee notwithstanding such writ may have been actually in the hands of the Sheriff Registrar or Bailiff at the time of any purchase or mortgage or notwithstanding such purchaser or mortgagee may have had actual or constructive notice of the issue of such writ and upon production to the Registrar General of sufficient evidence of the satisfaction of any writ so entered as aforesaid he shall enter in the Register Book a memorandum to that effect and such writ shall be deemed to be satisfied accordingly and every such writ shall be deemed to have lapsed unless the same shall be executed and put in force within three months from the day on which it was entered in the Register Book as aforesaid. 93. A Corporation for the purpose of transferring or otherwise dealing with land under the provisions of this A c t in lieu of signing the proper instrument for such purpose prescribed may affix thereto the common seal of such Corporation with a certificate that such seal was affixed by the proper officer verified by his signature. 94. Instruments executed pursuant to the provisions of this A c t if attested by one witness shall be held to be duly attested and the execution thereof may be proved if the parties executing the same be resident within the Colony then before the Registrar General or before a Notary Public Justice of the Peace or a Com missioner for taking Affidavits if the said parties be resident in the United Kingdom then before the Mayor or other chief officer of any Corporation or before a Notary Public if the said parties be resident in any British Possession then before the Registrar General or Recorder of Titles of such Possession or before any Judge or Notary Public or before the Governor Government Resident or Chief Secretary thereof and if the said parties be resident at any foreign place then before the British Consular Officer resident at such place. 95. The execution of any such instrument may be proved before any such person as aforesaid by the oath or statutory declaration of the parties executing the same or of a witness attesting the signing thereof and if such witness shall answer in the affirmative each of the questions following that is to say-- A r e you the witness who attested the signing of this instru ment and is the name or mark purporting to be your name or mark as such attesting witness your own hand writing ? Do [or did] you personally know the person signing this instrument and whose signature you attested ? Is the name purporting to be his signature his own hand writing--is he [or was he when he so executed] of sound mind--and did he freely and voluntarily sign the same ? Then

Then the Registrar General Justice or other person before whom such witness shall prove such signature as aforesaid shall indorse upon such instrument a certificate in form N of the Schedule hereto and if the person executing such instrument be personally known to the Registrar General Justice or other person as aforesaid and alive and in the Colony he may attend and appear before such Registrar General Justice or other person and acknowledge that he did freely and volun tarily sign such instrument and upon such acknowledgment the Registrar General Justice or other person shall indorse on such instrument a certificate in form 0 of the Schedule hereto provided that such questions as aforesaid may be varied as circumstances may require in case any person shall sign such instrument by his mark. 9G. The Registrar General shall not register any instrument signed by any married woman purporting to transfer or otherwise to deal with any land under the provisions of this A c t in respect to which she may be registered as proprietor either solely or jointly with her husband in her right until such married woman shall have been examined apart from her husband by the Registrar General or other person legally authorized to take the acknowledgments of married women and shall have assented to such proposed dealing after full explanation of her rights in the land and of the effect of the proposed dealing and the Registrar General or other persons taking such acknowledgment shall indorse on the instrument of transfer or other dealing a certificate of such acknowledgment and examination and the date and hour thereof. 97. Upon the application of any registered proprietor of land held under separate grants or certificates of title or under one grant or certificate and the delivering up of such grant or grants certificate or certificates of title it shall be lawful for the Registrar General to issue to such proprietor a single certificate of title for the whole of such land or several certificates each containing portion of such land in accordance with such application and as far as the same may be done consistently with any regulations at the time in force respecting the parcels of land that may be included in one certificate of title and upon issuing any such certificate of title the Registrar General shall cancel the grant or previous certificate of title of such land so delivered up and shall indorse thereupon a memorandum setting forth the occasion of such cancellation and referring to the certificate of title so issued. 98. I n the event of the grant or certificate of title of land under the provisions of this A c t being lost mislaid or destroyed the proprietor of such land together with other persons if any having knowledge of the circumstances may make a declaration before the Registrar General or before any of the persons hereinbefore appointed as persons before whom the execution of instruments may be proved stating the facts of the case the names and descriptions of the resgistered owners and the particulars of all mortgages encumbrances or other matters affecting such land and the title thereto to the best of declarant's knowledge and belief and the Registrar General if satisfied as to the truth of such declaration and the bona fides of the transaction may with the consent of the Commissioners issue to such applicant a provisional certificate of title of such land which provisional certificate shall contain an exact copy of the original grant or certificate of title bound up in the Register Book and of every memorandum and indorsement thereon and shall also contain a statement of the circumstances under which such provisional certificate is issued and the Registrar General shall at the same time enter in the Register Book notice of the issuing of such provisional certificate and the date thereof and the circumstances under which it was

was issued and such provisional certificate shall he available for all purposes and uses for which the grant or certificate of title so lost or mislaid would have been available and as valid to all intents as such lost grant or certificate Provided always that the Registrar General before issuing such provisional certificate shall give at least fourteen days' notice of his intention so to do in the Gazette and in at least one daily newspaper published in Sydney. 99. Upon the production of the receipt of the Colonial Trea surer in full for the purchase money of any lands alienated in fee from the Crown together with a memorandum of transfer mort gage or lease duly executed by the purchaser from the Crown of such land the Registrar General shall indorse upon such receipt such memorial as he is hereinbefore required to enter in the Register Book upon the registration of any dealing of a like nature with land in respect to which a grant or certificate of title has been registered and shall sign such indorsement and stamp the same with his seal and such instrument shall thereupon be held to be duly registered in accordance with the provisions of this A c t and the Registrar General shall file such receipt and such instrument in his office and upon the registration of the grant of such land the Registrar General shall enter thereon a memorial of such dealing and shall indorse such instrument with the certificate of registration as hereinbefore prescribed for the registration of instruments generally. 100. A n y proprietor subdividing any land under the provisions of this A c t for the purpose of selling the same in allotments as a township shall deposit with the Registrar General a map of such township provided that such map shall exhibit distinctly delineated all roads streets passages thoroughfares squares or reserves appro priated or set apart for public use and also all allotments into which the said land may be divided marked with distinct numbers or symbols and every such map shall be certified as accurate by declaration of a licensed surveyor before the Registrar General or a Justice of the Peace. Provided that no person shall be permitted to practise as a surveyor under the provisions of this A c t unless specially licensed for that purpose by the Surveyor General. 101. The Registrar General may require the proprietor applying to have any land brought under the provisions of this A c t or desiring to transfer or otherwise to deal with the same or any portion thereof to deposit at the Registry Office a map or plan of such land certified by a licensed surveyor in manner aforesaid and if the said land or the portion thereof proposed to be transferred or dealt with shall be of less area than one statute acre then such map or plan shall be on a scale not less than one inch to two chains and if such land or the portion thereof about to be transferred or dealt with shall be of greater area than one statute acre but not exceeding five statute acres then such map shall be upon a scale not less than one inch to five chains and if such land or the portion thereof as aforesaid shall be of greater area than five statute acres but not exceeding eighty statute acres then such map or plan shall be upon a scale of not less than one inch to ten chains and if such land or the portion thereof as aforesaid shall be of greater area than eighty statute acres then such map or plan shall be upon a scale of one inch to twenty chains and if such pro prietor shall neglect or refuse to comply with such requirement it shall not be incumbent on the Registrar General to proceed with the bringing of such land under the provisions of this A c t or with the registration of such transfer or lease Provided always that subsequent subdivisions of the same land may be delineated on the map or plan of the same so deposited if such map be upon a sufficient scale in accordance with the provisions herein contained and the correctness of the

the delineation of each such subdivision shall be acknowledged in manner prescribed for the case of the deposit of an original map. 102. The Registrar General upon payment of the fee specified in the Schedule P hereto shall furnish to any person applying for the same a certified copy of any registered instrument affecting land under the provisions of this A c t and every such certified copy signed by him and sealed with his seal shall be received in evidence in any Court of Justice or before any person having by law or by consent of parties authority to receive evidence as prima facie proof of all the matters contained or recited in or indorsed on the original instrument. 103. A n y person may upon payment of a fee specified in Schedule P hereto have access to the Register Book for the purpose of inspection during the hours and upon the days appointed for search. 104. The Registrar General shall not receive any application for bringing land under the provisions of this A c t or any instrument purporting to deal with or affect any land under the provisions of this A c t unless there shall be indorsed thereon a certificate that the same is correct for the purposes of this A c t signed by the applicant or party claiming under or in respect of such instrument or by his solicitor and any person who shall falsely or negligently certify to the correctness of any such application or other instrument shall incur therefor a penalty not exceeding fifty pounds Provided always that such penalty shall not prevent the person who may have sustained any damage or loss in consequence of error or mistake in any such certified instrument or any duplicate thereof from recovering damages against the person who shall have certified the same. 105. It shall be lawful for the Registrar General to recover such fees as shall be appointed by the Governor with the advice afore said not in any case exceeding the several fees specified in the Schedule hereto marked P. 106. The Registrar General shall keep a correct account of all such sums of money as shall be received by him in accordance with the provisions of this A c t and shall pay the same to the Colonial Treasurer at such times and shall render accounts of the same to such persons and in such manner as may be directed in any regula tions that may for that purpose be prescribed by the Governor with the advice aforesaid and the Registrar General shall address to the said Treasurer requisitions to pay moneys received by him or by the said Treasurer in trust or otherwise on account of absent mort gagees or other persons entitled in accordance with the provisions of this A c t which requisitions when proved and audited in manner directed by any such regulations framed as aforesaid at the time being in force in the said Colony and accompanied by warrant for payment of the same under the hand of the Governor countersigned by the Chief Secretary thereof the said Treasurer shall be bound to obey and all fines and fees received under the provisions of this Act except fees payable to the Commissioners for the bringing of land under the operation of this A c t shall be carried by the said Treasurer to account of the Consolidated Revenue Fund. PART VII.-- Rights Remedies and, Procedure. 107. I f upon the application of any proprietor to have land brought under the provisions of this A c t or to have any dealing or transmission registered or recorded or to have any certificate of title registration abstract foreclosure order or other instru ment issued or to have any act or duty done or performed which by this A c t is prescribed to be done or performed by the Registrar General the Registrar General shall refuse so to do or if such pro prietor shall be dissatisfied with the direction upon his application given

given by the Commissioners as hereinbefore provided it shall be lawful for such proprietor to require the Registrar General to set forth in writing under his hand the grounds of his refusal or the grounds upon which such direction was given and such proprietor may if he think fit at his own costs summon the Registrar General to appear before the Supreme Court to substantiate and uphold the grounds of his refusal or of such direction as aforesaid such summons to be issued under the hand of a Judge of the said Court and served upon the Registrar General six clear days at least before the day appointed for hearing the complaint of such proprietor and upon such hearing the Registrar General or his counsel shall have the right of reply and the said Court shall if any question of fact be involved direct an issue to be tried to decide such fact and the said Court shall thereupon make such order in the premises as in their judgment the circumstances of the case may require and the Registrar General shall obey such order and all expenses attendant upon any such proceedings shall be borne and paid by the applicant or other person preferring such complaint unless the Judge or Court shall certify that there were no probable grounds for such refusal or direction as aforesaid. 108. I t shall be lawful for the Registrar General by direction of the Commissioners whenever any question shall arise with regard to the performance of any duties or the exercise of any of the functions by this A c t conferred or imposed upon him or them to state a case for the opinion of the Supreme Court and thereupon it shall be lawful for the said Court to give its judgment thereon and such judgment shall be binding upon the Registrar General and Com missioners respectively. · 109. Whenever any person interested in land under the provi sions of this A c t shall appear to the Supreme Court to be a trustee of such land within the intent and meaning of any Trustee A c t then in force in the Colony and any order shall be made in the premises by the Court or a Judge thereof the Registrar General on being served with an office copy of such order shall enter in the Register Book and on the grant or other instrument evidencing title to the said land the date of the said order the date and hour of its production to him and the name residence and description of the person in whom the said order shall purport to vest the said land and such person shall thereupon be deemed to be the registered proprietor of such land and unless and until such entry shall be made the said order shall have no effect or operation in transferring or otherwise vesting the said land. 1 1 0 . "Whenever a person entitled to or interested in land as a trustee would be entitled under the last preceding clause to bring or defend any action of ejectment in his own name for recovering the possession of land under the provisions of this A c t such person shall be bound to allow his name to be used as a plaintiff or defendant in such action of ejectment by any beneficiary or person claiming an estate or interest in the said land Provided nevertheless that the person entitled or interested as such trustee shall in every such case be entitled to be indemnified in like manner as a trustee would before the passing of this A c t have been entitled to be indemnified in a similar case of his name being used in any such action or proceeding by his cestuique trust. 1 1 1 . Except in the case of fraud no person contracting or dealing with or taking or proposing to take a transfer from the registered proprietor of any registered estate or interest shall be required or in any manner concerned to inquire or ascertain the cir cumstances in or the consideration for which such registered owner or any previous registered owner of the estate or interest in question is or was registered or to see to the application of the purchase money or

or of a n y p a r t thereof or shall be affected b y notice direct or con structive of a n y t r u s t or u n r e g i s t e r e d i n t e r e s t a n y r u l e of L a w or Equity to the contrary notwithstanding and the knowledge t h a t any such t r u s t or u n r e g i s t e r e d i n t e r e s t is i n existence shall n o t of itself b e i m p u t e d as fraud. 112. I n a n y suit for specific performance b r o u g h t b y a registered p r o p r i e t o r of a n y l a n d u n d e r t h e provisions of t h i s A c t a g a i n s t a p e r s o n w h o m a y h a v e c o n t r a c t e d t o p u r c h a s e such l a n d n o t h a v i n g n o t i c e of a n y fraud or o t h e r c i r c u m s t a n c e s w h i c h a c c o r d i n g t o t h e provisions of t h i s A c t would affect t h e r i g h t of t h e v e n d o r t h e certificate of t i t l e of such r e g i s t e r e d p r o p r i e t o r shall be h e l d i n every C o u r t of L a w or E q u i t y t o b e conclusive evidence t h a t s u c h registered p r o p r i e t o r h a s a good a n d valid t i t l e t o t h e l a n d a n d for t h e estate or i n t e r e s t t h e r e i n m e n t i o n e d or described a n d shall e n t i t l e s u c h regis tered p r o p r i e t o r to a decree for t h e specific performance of such contract. 1 1 3 . W h e n default h a s been m a d e i n t h e p a y m e n t of t h e i n t e r e s t or p r i n c i p a l s u m secured by m e m o r a n d u m of m o r t g a g e for six m o n t h s a registered m o r t g a g e e or his solicitor a t t o r n e y or a g e n t m a y m a k e application i n w r i t i n g to t h e R e g i s t r a r G e n e r a l for a n order for fore closure a n d s u c h application shall s t a t e t h a t such default h a s b e e n m a d e as aforesaid a n d t h a t t h e l a n d estate or i n t e r e s t m o r t g a g e d h a s been offered for sale a t p u b l i c auction b y a licensed a u c t i o n e e r after notice given t o t h e m o r t g a g o r as i n t h i s A c t provided a n d t h a t t h e a m o u n t of t h e h i g h e s t bid a t s u c h sale was n o t sufficient t o satisfy t h e m o n e y secured b y s u c h m o r t g a g e t o g e t h e r w i t h t h e expenses occasioned b y such sale a n d t h a t notice i n w r i t i n g of t h e i n t e n t i o n of such m o r t g a g e e t o m a k e s u c h application h a s b e e n given t o t h e m o r t g a g o r b y leaving t h e same at his u s u a l or last k n o w n place of abode if such place be w i t h i n t h r e e miles of t h e residence of s u c h m o r t g a g e e or b y forwarding t h e s a m e b y registered l e t t e r t h r o u g h t h e P o s t Office if such place be beyond t h a t distance a n d s u c h application shall be accompanied b y a certificate of t h e a u c t i o n e e r b y w h o m such l a n d was p u t u p for sale a n d such o t h e r proof of t h e m a t t e r s s t a t e d b y t h e applicant as t h e R e g i s t r a r G e n e r a l m a y r e q u i r e a n d t h e s t a t e m e n t s m a d e i n s u c h application shall be verified b y t h e o a t h or s t a t u t o r y declaration of t h e a p p l i c a n t or other p e r s o n a p p l y i n g o n his behalf. 1 1 1 . T h e R e g i s t r a r G e n e r a l shall refer such application t o t h e Commissioners w h o m a y direct t h e R e g i s t r a r G e n e r a l t o cause notice t o b e p u b l i s h e d once i n t h e Gazette a n d once in each of t h r e e successive weeks i n a t least one daily n e w s p a p e r p u b l i s h e d in Sydney offering s u c h l a n d for sale a n d shall f u r t h e r l i m i t a n d a p p o i n t a t i m e n o t less t h a n one m o n t h from t h e date of t h e p u b l i c a t i o n i n t h e Gazette u p o n or after w h i c h t h e R e g i s  t r a r G e n e r a l m a y issue t o s u c h a p p l i c a n t a n order for foreclosure u n l e s s i n t h e i n t e r v a l a sufficient a m o u n t h a s been realized b y t h e sale of s u c h l a n d to satisfy t h e p r i n c i p a l a n d i n t e r e s t m o n e y s d u e a n d all expenses occasioned b y s u c h sale a n d proceedings a n d every such order for foreclosure u n d e r t h e h a n d of t h e R e g i s t r a r G e n e r a l a n d e n t e r e d i n t h e R e g i s t e r Book shall h a v e t h e effect of v e s t i n g i n t h e m o r t g a g e e all t h e estate a n d i n t e r e s t of t h e m o r t g a g o r i n t h e l a n d m e n t i o n e d i n s u c h order free from all r i g h t a n d e q u i t y of r e d e m p t i o n on t h e p a r t of t h e m o r t g a g o r or of a n y p e r s o n claiming t h r o u g h or under him. 115. N o action of ejectment or o t h e r action for t h e recovery of a n y l a n d shall lie or b e sustained against t h e person registered as p r o p r i e t o r thereof u n d e r t h e provisions of t h i s A c t except in any of t h e following cases t h a t is t o s a y -- (1.) T h e case of a m o r t g a g e e as a g a i n s t a m o r t g a g o r in default. (2.) F

(2.) The case of an encumbrancee as against an encumbrancer in default. (3.) The case of a lessor as against a lessee in default. (4.) The case of a person deprived of any land by fraud as against the person registered as proprietor of such land through fraud or as against a person deriving otherwise than as a transferree bond fide for value from or through a person so registered through fraud. (5.) The case of a person deprived of or claiming any land included in any grant or certificate of title of other land by misdescription of such other land or of its boundaries as against the registered proprietor of such other land not being a transferree thereof bond fide for value. (6.) The case of a registered proprietor claiming under the instrument of title prior in date of registration under the provisions of this A c t in any case in which two or more grants or two or more certificates of title or a grant and a certificate of title may be registered under provisions of this A c t in respect to the same land. A n d in any case other than as aforesaid the production of the regis tered grant certificate of title or lease shall be held in every Court of Law or Equity to be an absolute bar and estoppel to any such action against the person named in such instrument as seised of or as registered proprietor or lessee of the land therein described any rule of law or equity to the contrary notwithstanding. 116. Whenever an action shall be brought against a registered proprietor or person holding a grant or certificate of title in either of the last two cases excepted in the next preceding section if the defendant or any person through whom he claims shall have made improvements on the land since obtaining a certificate of title thereto then whether he admit or deny the plaintiff's title he may plead the fact of such improvements being made and may set a value thereon and also on the land as distinct therefrom and give evidence thereof at the trial and if a verdict be found for the plaintiff or his title be admitted the jury shall assess the value of the alleged improvements and shall also separately assess the value which the land would have possessed if the said improvements had not been made A n d no writ of possession shall issue in such case unless the plaintiff shall first pay into Court for the use of the defendant the value of the improvements so assessed deduct ing only the costs (if any) to which he shall be entitled in the action A n d if the plaintiff shall fail to make such payment within three months after verdict the judgment to which he is entitled shall there after be limited to the sum separately assessed as the value of the land together with costs of suit A n d the defendant shall upon satisfaction thereof be entitled to retain the land and improvements and in either case the Registrar General shall be entitled under the power hereinafter conferred of cancelling erroneous certificates to require to be delivered up any certificate of title which shall be held by the party whose right to the land shall have determined Provided that in every case in which the defendant shall be entitled to indemnity from the assurance fund the Registrar General shall be made a co-defendant as trustee of such fund and may defend the action either severally or jointly or may leave the defence wholly to his co-defendant as he shall see fit A n d in no case shall the assurance fund be liable to the principal defendant for any greater damages than he shall actually sustain as the result of such action after using all reasonable diligence in the defence thereof. 1 1 7 . A n y person deprived of land or of any estate or interest in land in consequence of fraud or through the bringing of such land under

under the provisions of this A c t or by the registration of any other person as proprietor of such land estate or interest or in consequence of any error omission or misdescription in any certificate of title or in any entry or memorial in the Register Book may in any case in which such land has been included in two or more grants from the Crown bring and prosecute an action at law for the recovery of damages against such person as the Governor with the advice aforesaid may appoint as nominal defendant and in any other case against the person upon whose application such land was brought under the provisions of this A c t or such erroneous registration was made or who acquired title to the estate or interest in question through such fraud error or misde scription Provided always that in every case in which the fraud error or misdescription shall occur upon a transfer made for value the person making the transfer and receiving the value shall be regarded as the person upon whose application the certificate of title was issued to the transferree A n d provided further that except in the case of fraud or of error occasioned by any omission misrepresentation or misdescription in the application of such person to bring such land under the provisions of this A c t or to be registered as proprietor of such land estate or interest or in any instrument executed by him such person shall upon a transfer of such land bond fide for value cease to be liable for the payment of any damages which but for such transfer might have been recovered from him under the provisions hereinbefore contained and in such last mentioned case and also in case the person against whom such action for damages is directed to be brought as aforesaid shall be dead or shall have been adjudged insolvent or cannot be found within the jurisdiction then and in any such case such damages with costs of action may be recovered out of the assurance fund by action against the Registrar General as nominal defendant. 118. Nothing in this A c t contained shall be so interpreted as to leave subject to action for recovery of damages as aforesaid or to action of ejectment or to deprivation of the estate or interest in respect to which he is registered as proprietor any purchaser or mortgagee bond fide for valuable consideration of land under the provisions of this A c t on the plea that his vendor or mortgagor may have been registered as proprietor or procured the registration of the transfer to such purchaser or mortgagee through fraud or error or may have derived from or through a person registered as proprietor through fraud or error and this whether such fraud or error shall consist in wrong description of the boundaries or of the parcels of any land or other wise howsoever. 1 1 9 . A n y person sustaining loss or damages through any omission mistake or misfeasance of the Registrar General or any of his officers or clerks in the execution of their respective duties under the provisions of this A c t or by the registration of any other person as proprietor of such land or by any error omission or misdescription in any certificate of title or any entry or memorial in the Register Book and who by the provisions of this A c t is barred from bringing action of ejectment or other action for the recovery of such land estate or interest may in any case in which the remedy by action for recovery of damages as hereinbefore provided is inapplicable bring an action against the Registrar General as nominal defendant for recovery of damages. 120. I n any case in which action for recovery of damages is permitted to be brought against the Registrar General as nominal defendant as hereinbefore provided notice in writing of such action and of the cause thereof shall be served upon such nominal defendant one month at least before the commencement of such action and if in any such action judgment be given in favor of the nominal defendant

defendant or the plaintiff discontinue or become nonsuit the plaintiff shall be liable to pay the full costs of defending such action and the same when taxed shall be levied in the name of the nominal defendant by the like process of execution as in other actions on the case. 1 2 1 . I f in any such action the plaintiff recover final judgment against such nominal defendant then the Court or Judge before whom such action may be tried shall certify the fact of such judgment and the amount of damages and costs recovered and the amount of such damages and costs shall be paid to the person recovering the same and shall be charged to the account of the assurance fund and in case the balance to the credit of the assurance fund shall be inadequate to defray the amount specified such sum as may be necessary for that purpose shall be paid out of the Consolidated Revenue Fund and the amount so advanced shall be repaid from the assurance fund as the same may thereafter accrue. 122. No action for recovery of damages sustained through deprivation of land or of any estate or interest in land as hereinbefore described shall lie or be sustained against the Registrar General or against the assurance fund or against the person upon whose applica tion such land was brought under the provisions of this A c t or against the person who applied to be registered as proprietor in respect to such land or against the person certifying any instrument as aforesaid unless such action shall be commenced within the period of six years from the date of such deprivation Provided nevertheless that any person being under the disability of coverture infancy unsoundness of mind or absence from the Colony may bring such action within six years from the date on which such disability shall have ceased and the plaintiff in any such action at whatever time it may be brought or the plaintiff in action for the recovery of land shall be nonsuited in any case in which the deprivation complained of may have been occasioned through the bringing of land under the provisions of this A c t if it shall be made to appear to the satisfaction of the Court before which such action shall be tried that such plaintiff or the persons through or under whom he claims title had notice by personal service or otherwise or was aware that application had been made to bring such land under the provisions of this A c t and had wilfully or collusively omitted to lodge caveat forbidding the same or had allowed such caveat to lapse. 123. Whenever any amount has been paid out of the assurance fund on account of any person who may be dead such amount may be recovered from the estate of such person by action against his personal representatives in the name of the Registrar General and whenever such amount has been paid on account of a person who shall have been adjudged insolvent the amount so paid shall be considered to be a debt due from the estate of such insolvent and a certificate signed by the Colonial Treasurer certifying the fact of such payment out of the assurance fund and delivered to the Official Assignee shall be sufficient proof of such debt and whenever any amount has been paid out of the assurance fund on account of any person who may have absconded or who cannot be found within the jurisdiction of the Supreme Court and may have left any real or personal estate within the said Colony it shall be lawful for the said Court or a Judge thereof upon the application of the Registrar General and upon the production of a certificate signed by the said Treasurer certifying that the amount has been paid in satisfaction of a judgment against the Registrar General as nominal defendant to allow the Registrar General to sign judgment against such person forthwith for the amount so paid out of the assurance fund together with the costs of the application and

and such judgment shall be final and signed in like manner as a'final judgment by confession or default in an adverse suit and execution may issue immediately and if such person shall not have left real or personal estate within the said Colony sufficient to satisfy the amount for which execution may have been issued as aforesaid it shall be lawful for the Registrar General to recover such amount or the unrecovcred balance thereof by action against such person at any time thereafter when he may be found within the jurisdiction of the Supreme Court. 124. The assurance fund shall not under any circumstances be liable for compensation for any loss damage or deprivation occasioned by the breach by a registered proprietor of any trust whether express implied or constructive nor in any case in which the same land may have been included in two or more grants from the Crown nor shall the assurance fund be liable in any case in which such loss or depriva tion has been occasioned by any land being included in the same certificate of title with other land through misdescription of boundaries or parcels of any land unless in the case last aforesaid it shall be proved that the person liable for compensation and damages is dead or has absconded or has been adjudged insolvent or the Sheriff shall certify that such person is unable to pay the full amount awarded in any action for recovery of such compensation and damages. 125. The Registrar General shall not individually nor shall any person acting under his authority be liable to any action suit or proceeding for or in respect of any act or matter bond fide done or omitted to be done under this A c t . 126. In case it shall appear to the satisfaction of the Registrar General that any certificate of title or other instrument has been issued in error or contains any misdescription of land or of boundaries or that any entry or endorsement has been made in error or any grant certificate of title or other instrument or that any such grant certificate instrument entry or endorsement has been fraudulently or wrongfully obtained or that any such grant certificate or instrument is fraudulently or wrongfully retained he may summon the person to whom such grant certificate or instrument has been so issued or by whom it has been so obtained or is retained to deliver up the same for the purpose of being cancelled or corrected as the case may require and in case such person shall refuse or neglect to comply with such summons or cannot be found the Registrar General may apply to a Judge of the Supreme Court to issue a summons for such person to appear before such Court or Judge and show cause why such grant certificate or other instrument should not be delivered up to be cancelled or corrected as aforesaid and if such person when served with such summons shall neglect or refuse to attend before such Judge or Court at the time therein appointed it shall be lawful for such Judge to issue a warrant authorizing and directing the person so summoned to be apprehended and brought before a Judge of the Supreme Court for examination. 127. Upon the appearance before the Court or Judge of any person summoned or brought up by virtue of a warrant as aforesaid it shall be lawful for the Court or Judge to examine such person upon oath and in case the same shall seem proper to order such person to deliver up such grant certificate of title or other instrument as afore said and upon refusal or neglect by such person to deliver up the same pursuant to such order to commit such person to the common gaol of the Colony and in such case or in case such person shall have absconded so that summons cannot be served upon him as hereinbefore directed the Registrar General shall if the circumstances of the case require it issue

issue to the proprietor of the said land such certificate of title or other instrument as is herein provided to he issued in the case of any grant or certificate of title being lost mislaid or destroyed and shall enter in the Register Book notice of the issuing of the said certificate of title or other instrument and the circumstances under which the same was issued and such other particulars as he may deem necessary. 128. Upon the recovery of any land estate or interest by any proceeding at Law or in Equity from the person registered as proprietor thereof it shall be lawful for the Court or Judge in any case in which such proceeding is not hereinbefore expressly barred to direct the Registrar General to cancel any certificate of title or other instrument or any entry or memorial in the Register Book relating to such land and to substitute such certificate of title or entry as the circumstances of the case may require and the Registrar General shall give effect to such order. 129. Every sworn valuator shall within fourteen days of the date of his appointment and before performing any duties under this A c t take the following oath before the Registrar General who is hereby authorized to administer the same-- I do solemnly swear that I will faithfully and honestly and to the best of my skill and ability make any valuation required of me under the provisions of the " Real Property A c t . " 130. I f any person fraudulently procures assists in fraudulently procuring or is privy to the fraudulent procurement of any certificate of title or other instrument or of any entry in the Register Book or of any erasure or alteration in any entry in the Register Book or in any instrument or form issued by the Registrar General or fraudulently uses assists in fraudulently using or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar General or knowingly misleads or deceives any person hereinbefore authorized to demand explanation or information in respect to any land or the title to any land which is the subject of any application to bring the same under the provisions of this A c t or in respect to which any dealing or transmission is proposed to be registered or recorded such person shall be guilty of a misdemeanor and shall incur a penalty not exceeding five hundred pounds or. may at the discretion of the Court before whom the case may be tried be imprisoned for any period not exceeding three years and any certificate of title entry erasure or alteration so procured or made by fraud shall be void as between all parties or privies to such fraud. 1 3 1 . No proceeding or conviction of any act hereby declared to be a misdemeanor or a felony shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act or against his estate. 132. I f any person is guilty of the following offences or any of them (that is to say)-- (1.) Forges or procures to be forged or assists in forging the Seal of the Registrar General or the name signature or handwriting of any officer of the Registry Office in cases where such officer is by this A c t expressly or impliedly authorized to affix his signature. (2.) Stamps or procures to be stamped or assists in stamping any document with any forged seal purporting to be of the Registry Office. (3.)

(3.) Forges or procures to be forged or assists in forging the name signature or handwriting of any person whom soever to any instrument which is by this A c t or in pursuance of any power contained in this A c t expressly or impliedly authorized to be signed by such person. (4.) Uses with an intention to defraud any person whom soever any document upon which any impression or part of the impression of any seal of the Registry Office has been forged knowing the same to have been forged or any document the signature to which has been forged knowing the same to have been forged. Such person shall be guilty of felony and if any person is guilty of making a false oath or declaration concerning any matter or procedure made or done in pursuance of this A c t such person shall be deemed guilty of perjury. 133. A n y person convicted of felony or perjury under this A c t shall be liable to imprisonment for any term not exceeding four years and to be kept to hard labor or solitary confinement for any part of the period aforesaid. 134. In the conduct of actions under this A c t the same rules of procedure and practice shall apply and there shall be the same rights of appeal as are in force or exist for the time being in respect of ordinary actions in the Court in which such action may be tried Provided that the Judges of the Supreme Court shall have power from time to time to make rules and orders for regulating proceedings in the Supreme Court under this A c t and from time to time to rescind alter or add to such rules and orders in like manner as at present. 135. Unless in any case herein otherwise expressly provided all offences against the provisions of this A c t may be prosecuted and all penalties or sums of money imposed or declared to be due or owing by or under the provisions of the same may be sued for and recovered in the name of the Attorney or Solicitor General before any Court in the Colony having jurisdiction for punishment of offences of the like nature or for the recovery of penalties or sums of money of the like amount. 136. This A c t shall commence and take effect from and after the first day of January one thousand eight hundred and sixty-three.

SCHEDULES

SCHEDULES R E F E R R E D TO. A.
Application I A. B . of to bring Land under the provisions of the Real Property Act. do declare (that I am) or (on behalf of of that he is) seised of an estate of (here state whether of inheritance or of a life estate or leasehold for a life or lives or term of years and whether held in trust) in all that piece of land situated in (here state the situation) containing (here state the area) be the same a little more or less (exclusive of roads intersecting the same if any) with (here state rights of way and other privileges or easements appertaining and set forth a sufficient description to identify the land) which piece of land is of the value of £ and no more and is (the town allotment or country section or is part of the town allotment country section or reserve) originally granted to by land grant under the hand and seal of formerly Governor of the Colony Dated the day of numbered in the plan of the (district township or county) of as delineated on the public maps of the Colony deposited in the Survey Office Sydney And I do further declare that I am not aware of any mort gage encumbrance or claim affecting the said land or that any person hath any claim estate or interest in the said land at law or in equity in possession or in expectancy other than is set forth and stated as follows that is to say (here state particulars of mortgages encum brances dower or other interest to which the land may be subject) And I further declare that there is no person in possession or occupation of the said lands adversely to my estate or interest therein and that the said land is now (here state name and description of occvpier or that the land is unoccupied) and that (here state the names and addresses of owners and occupiers of lands contiguous thereto) and that there are no deeds or instruments of title affecting such land in my possession or under my control other than those enumerated in the Schedule hereto or at foot hereof and I make this solemn declaration conscientiously believing the same to be true. Dated at this day of 18 Made and subscribed by the above-named this day of in the presence of me Registrar General or Justice of the Peace. I A. B . the above declarant do hereby apply to have the piece of land described in the above declaration brought under the provisions of the Real Property Act, Dated at this day of 18 Witness to signature--C. D .

B.
Caveat forbidding Lands to be brought tinder the Real Property Act.

Take notice that I of claiming estate or interest (here state the nature of the estate or interest claimed and the ground on which such claim is founded) in lands described as (here state particulars- of description from declaration of applicant) in notice dated the day of advertising the same as land in respect to which claim has been made to have the same brought under the provisions of the Real Property Act do hereby forbid the bringing of the said land under the provisions of the said Act. And I appoint as the place at which notices relating hereto may be served. Dated this day of 18

A. B.
Signed in my presence this day of To the Registrar General of the Colony of New South Wales.

c.

c.
NEW SOUTH [Royal Certificate of WALES. Title. Arms.'}

A. B. of (here insert description and if certificate be issued pursuant to any transfer reference to memorandum of transfer) is now seised of an estate (here state whether in fee simple or leasehold for a life or lives or for a term of years) subject nevertheless to such encum brances liens and interests as are notified by memorial underwritten or indorsed hereon in that piece of land situated in the (county or township)) of (here insert sufficient description to identify the land referring to map or diagram)*vihic\i said piece of land is (or is part of) the (country section or town allotment) marked delineated in the public map of the said (county or township) deposited in the office of the Surveyor General originally granted the day of under hand and seal of Governor of the said Colony to C. D . In witness whereof I have hereunto signed my name and affixed my seal this day of Signed in presence of Registrar General, (L.S.) the day of

I). Memorandum of Transfer.

I A. B. being registered as the proprietor of an estate (here state nature of the estate or interest) subject however to such encumbrances liens and interests as arc notified by memorandum underwritten or indorsed hereon in all that piece of land situated in the (county or township) of containing (here state area) be the same a little more or less (exclusive of roads intersecting the same if any [here state rights of way privileges or ease ments if any intended to be conveyed] and if the land to be dealt with contain all that is included in an existing grant or certificate refer thereto for description of parcels and diagrams otherwise set forth the boundaries in chains links or feet and refer to plan delineated on the margin or annexed to the instrument or deposited in the Registry Office) in con sideration of the sum of £ paid to me by E. F. the receipt of which sum I hereby acknowledge do hereby transfer to the said E. F. (all my estate or interest or a lesser estate or interest describing such lesser estate) in the said piece of land. In witness whereof I have hereunto subscribed my name this day of Signed on the day above-named by the said A. B. and E . F. in the presence of G. H. A. B. Transferror. E . F. Transferree.

E.
Transfer to be indorsed on Original Instrument. I the within-mentioned C. D. in consideration of £ this day paid to me by X . Y. of the receipt of which sum I do hereby acknowledge hereby transfer to him the estate or interest in respect to which I am registered proprietor as set forth and described in the within instrument together with all my rights powers estate and interest therein. In witness whereof I have hereunto subscribed my name this day of C. D. Transferror. Signed by the above mentioned C D . as transferror'! and X . Y. as transferree in the presence of > E. F. the day of ) Accepted X . Y. Transferree.

F.
Memorandum of Lease. I A. B . being registered as proprietor of an estate (here state nature of the estate or interest) subject however to such encumbrances liens and interests as are notified by memorandum underwritten or indorsed hereon in that piece of land situated in the (county or township) of containing (here state area) be the same a little more or less (exclusive of roads intersecting the same if any [here state rights of way privileges or ease ments if any intended to be conveyed] if the land to be dealt with contains all that is included G in

in an existing grant or certificate of title or lease refer thereto for description and diagram otherwise set forth the boundaries in chains links or feet and refer to a plan thereof on margin of or annexed to the lease or deposited in the Registry Office) do hereby lease to E . F. of (here insert description) all the said lands to be held by him the said E . F. as tenant for the space of years at the yearly rental of £ payable (here insert terms of payment of rent) subject to the following covenants conditions and restrictions (here set forth all special covenants if any.) I E . F. of (here insert description) do hereby accept this lease of the above described lands to be held by me as tenant and subject to the conditions restrictions and covenants above set forth. Dated this day of Signed by the above-named A. B . as lessor and by the above-named E .F. as lessee this day of in presence of X . Y . (Signed) A . B. Lessor. E . F. Lessee.

G.
Memorandum of Mortgage. I A. B. being registered as proprietor of an estate (here state nature of the estate or interest) subject however to such encumbrances liens and interests as are notified by memo randa underwritten or indorsed hereon in that piece of land situated in the (county or township) of containing (here state area) be the same a little more or less (exclusive of roads intersecting the same if any [here state rights of way privileges or easements if any appertaining'] and if the land to be dealt with contains all that is included in an existing grant or certificate of title or lease refer thereto for description of parcels and diagram other wise set forth the boundaries in chains links or feet and refer to plan thereof on margin of or annexed to the mortgage or deposited in the Registry Office.) In consideration of the sum of £ this day lent to me by E. F. of (here insert description) the receipt of which sum I hereby acknowledge do hereby covenant with the said E . F . that I will pay to him the said E . F. the above sum of £ on the day of Secondly that I will pay interest on the said sum at the rate of £ by the £ 1 0 0 in the year by equal payments on the day of and on the day of in every year Thirdly (here set forth special covenants if any) And for the better securing to the said E. F. the repayment in manner aforesaid of the said principal sum and interest I hereby mortgage to the said E . F. all my estate and interest in the said land above described. In witness whereof I have hereto signed my name this day of A. B . Mortgagor. Signed by the above-named A. B. as mortgagor this day of in presence of G. H.

H.
Memorandum of Encumbrance for securing a Sum of Money. I A. B. being registered as proprietor of an estate (here state nature of the estate or interest) subject however to such encumbrances liens and interests as are notified by memo randa underwritten or indorsed hereon in that piece of land situated in (the county or town ship) of containing (here state area) be the same a little more or less (exclusive of roads intersecting the same if any [here also state rights of way privileges or easements if any appertaining] and if the land to be dealt with contains all that is included in an existing grant or certificate of title refer thereto for description of parcels and diagram otherwise set forth the boundaries in chains links or feet and refer to plan thereof on margin of or annexed to the bill of encumbrance or deposited in the Registry Office?) And desiring to render the said land available for the purpose of securing to and for the benefit of C. D . the (sum of money annuity or rent charge) hereinafter mentioned do hereby encumber the said land for the benefit of the said C. D. with the (sum annuity or rent charge) of £ to be raised and paid at the times and in the manner following that is to say (here state the times appointtd for the payment of the sum annuity or rent charge intended to be secured the interest if any and the events on which such sum annuity or rent charge shall become and cease to be payable also any special covenants or powers and any modification of the powers or remedies given to an encumbrancee by the Real Property Act) And subject as aforesaid the said C. D. shall be entitled to all powers and remedies given to an encumbrancee by the Real Property Act. In witness whereof I have hereunto signed my name this day of in the presence of E. F.

I.

I.
Power of Attorney. I A. B. being registered as proprietor of an estate (here state nature of the estate or interest) subject however to such encumbrances liens and interests as are notified by memorandum underwritten or indorsed hereon in (here refer to schedule for description and contents of the several parcels of land intended to he affected which schedule must contain reference to the existing certificate of title or land grant or lease of each parcel) do hereby appoint C. D. attorney on my behalf to (here state the nature and extent of the powers intended to he conferred as whether to sell lease mortgage &c.) the lands in the said schedule described and to execute all such instruments and do all such acts matters and things as may be necessary for carrying out the powers hereby given and for the recovery of all rents and sums of money that may become or are now due or owing to me in respect of the said lands and for the enforcement of 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 and maintaining possession of the said lands and for protecting the same from waste damage or trespass. In witness whereof I have hereunto subscribed my name this day of Signed by the above-named A. B. this day of in the presence of X . Y. Schedule referred to.

K.
NEW SOOTH W A L E S .

Registration Abstract. [Royal Arms.] [Copy of grant or certificate.] Pursuant to Act of the Legislature of the said Colony intituled " The Real Property Act" sections 70 and 71 this registration abstract is issued for the purpose of enabling the registered proprietor to deal with the above described land at places without the limits of the said Colony and shall continue in force from the date hereof until the day of or until the same be surrendered to me for cancellation. In witness whereof I have hereunto signed my name and affixed my seal this day of Registrar General. Signed and sealed the day of in the presence of X . Y .

L.
Revocation Order. I A. B. of being seised of an estate (here state the nature of the estate) all that piece of land (here describe land referring to the existing grant certificate or other instrument of title) hereby revoke the power of attorney given by me to dated the day of In witness whereof I have hereunto subscribed my name this day of in the presence of A. B . of

M.
Gaveat forbidding registration of dealing with estate or interest. To the Registrar General Take notice that I claiming estate or interest (here state the nature of the estate or interest claimed and the grounds on which such claim is founded) in (here describe land) forbid the registration of any memorandum of transfer or instrument affecting the said land until (this caveat bo by me or by the order of the Supreme Court or some Judge thereof withdrawn or until after the lapse of twenty-one days from the date of the service of notice of such intended registration at the following address) Dated this day of 186 Witness

N.
of the Peace &c. taking declaration of attesting witness. Appeared before me at the day of C. D. of a person known to me and of good repute attesting witness to this instrument and acknow ledged his signature to the same and did further declare that A. B . the party executing the same was personally known to him the said C. D. and that the signature of this said instru ment is in the handwriting of the said A. B. (Signed) Registrar General or J . P . Certificate of Registrar General Justice

o.

0.
Certificate of Registrar General or Justice of the Peace before whom instrument been executed by the parties thereto. may have

Appeared before me at the day of A . B . of the party executing the within instrument and did freely and voluntarily sign the same. (Signed) Registrar General or J.P.

P.
Fees payable for the performance of the several acts matters and things herein specified. For hearing application to bring land under the provisions of this A c t or to be regis tered in respect to an estate of freehold of a deceased proprietor to be paid to the L a n d Titles Commissioners over and above the cost of all advertisements herein prescribed to bo in such case published:-- £ s. d. W h e n the applicant is the original grantee and the land has never been sold mortgaged encumbered or made the subject of settlement . . ... ... 0 5 0 W h e n the title is of any other description and the value exceeds £ 5 0 0 . . . . . . 2 10 0 Ditto ditto ditto exceeds £ 4 0 0 and does not exceed £ 5 0 0 2 0 0 Ditto ditto ditto exceeds £ 3 0 0 and does not exceed £ 4 0 0 1 10 0 Ditto ditto ditto exceeds £ 2 0 0 and docs not exceed £ 3 0 0 1 0 0 Ditto ditto ditto when the value does not exceed £ 2 0 0 0 10 0 Contribution to assurance fund upon first bringing land under this A c t and upon the registration of an estate of freehold in possession derived by settle ment will or intestacy-- I n the pound sterling ... ... ... ... ... ... ... ... 0 0 01 Other fees-- For every certificate of title ... ... ... ... ... ... ... 1 0 0 Registering memorandum of transfer lease mortgage encumbrance or the transfer or discharge of a mortgage or the transfer or surrender of a lease . . . . . . 0 10 0 Registering proprietor of any estate or interest derived by settlement or trans mission ... ... ... .. ... ... ... ... .... 1 0 0 For every power of attorney ... ... ... ... ... ... . . . 0 10 0 For every registration abstract . . . ... ... ... ... ... ... 1 0 0 For cancelling registration abstract ... ... ... ... ... ... 0 5 0 For every revocation order ... ... ... ... ... ... . . . 0 10 0 Noting caveat 0 10 0 Cancelling or withdrawing of caveat and service of notice to caveator or caveatee 0 5 0 Issuing order for foreclosure ... 1 0 0 For every search . . . ... ... ... ... ... ... ... ... 0 2 0 For every general search . . . ... ... ... ... ... ... ... 0 5 0 For every map or plan deposited 0 5 0 For every instrument declaratory of trusts and for every will or other instrument deposited . . . 0 10 0 For registering recovery by proceeding in law or equity or re-entry by lessee . . . 0 10 0 For registering vesting of lease in mortgagee consequent on refusal of assignees to accept the same . . . ... ... ... ... ... ... . . . 0 10 0 For entering notice of marriage or death 010 0 For entering notice of writ or order of Supreme Court . . . ... 0 10 0 Taking acknowledgment of married woman ... 0 5 0 Taking declaration in case of lost grant or other instrument or where production of duplicate is dispensed with ... 0 10 0 For the exhibition or return of any deposited instrument or for exhibiting or returning deeds surrendered by applicant proprietor ... 0 5 0 For certified copy first five folios per folio of seventy-two words... 0 5 0 For every folio or part folio after first five ... ... ... ... ... 0 0 8 For every instrument drawn on parchment ... ... ... ... ... 0 2 6 Taking affidavit or statutory declaration... 0 5 0 W h e n any instrument purports to deal with land included in more than one grant or certificate for each registration memorial after the first . . . ... 0 2 0

No. X.