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The land transfer laws of Australasia: being the full text with side notes ... online

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advice of the Executive Council not in any case exceeding the several fees
specified in the list marked S in the schedule hereto. (Z. 46 ; S. 22 ; T. 62-
108, 67-1 ; V. 86-76.)

Q^Jj^jto 141. The Eegistrar- General shall keep a correct account of all such

pay moneys sums of mouoy as shall be received hj him in accordance with the provisions

rail^^l^to of ^^^ ^^^ ^^^ ^^^ V^J ^^0 ^^® ^^^0 ^^o public Treasury of the colony

vender at such times and shall render accounts of the same to such persons and in

*^^™ such manner as may be directed in any regulations that may for that purpose

be from time to time issued by the Governor with the advice of the Executive

Council and the Be^strar-General shall address to the Treasurer requisitions

to pay moneys received by him or by the Treasurer in trust or otherwise on

Parties account of absent mortgagees or other persons entitled in accordance with

b^^^^ the provisions of this Act and the Treasurer shall be bound to obey aJl such

Treasurer requisitions whou proved and audited in manner directed by any such regula-

i^^roper ^^^^^ ^ aforesaid and accompanied by warrant for payment of the same

imder the hand of the Governor and all fines and fees received under the

provisions of this Act except fees payable to the Lands Titles Commissioners

for the bringing of land under the operation of this Act shall be carried to

account by the Treasurer as general revenue. {Ooker v. Spence, 6. N. 106 ;

8.23; T. 62-109; V. 66, 142.)



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QTIBENSLAND BBAL PEOEEETT ACT— No. 1. 149

^42. Any person who shall wilfully or knowingly by f rand or misrepre- PetuOfrjr for
sentation make or cause or obtain to be made in the register book any entry ^^^^^
which might in any way affect the right title estate or interest of himself or book or
of any person in any land under the provisions of this Act or who shall wil- «^^Mof
fully or knowingly by fraud or misrepresentation procure from the Eegistrar- J*"5^J^
General any certificate of title registration abstract or other instrument uLr^n.
eridencing or relating to title or estate or interest in land tmder the proTi- ■«»*»«o°»
sions of this Act or who shall wilfully or knowingly by fraud or misrepresen-
tation cause or procure to be made any entry certificate memorandum or
endorsement by this Act directed to be made in or upon any such certificate
abstract or other instrument or who shall use or utter any such certificate
abstract or other instrument knowing the same to be counterfeited forged or
altered or to have been obtained by fraud or misrepresentation or to contain
or bear any entry memorandum certificate or endorsement which has been
forged counterfeited or altered or obtained by fraud or misrepresentation and
who shall be thereof lawfully conyicted shall be deemed guilty of felony and
be sentenced to be imprisoned for any period not exceeding four years and
be kept to hard labour or in solitary confinement for any part of the period
and if any person shall wilfully or mowingly make a false oath or declaration
touching or concerning any matter or procedure made or done in pursuance
of this Act and be thereof lawfully conyicted such person shall be deemed ^J^JJ*-^.
guilty of periur^r and be imprisoned for the period and in the manner afore- ^^
said and in addition to such punishment any person damnified or suffering ^^iSTrf"
loss by any such firaud misrepresentation forgery counterfeit alteration use peijur
or utterance of any such certificate abstract or other instrument as aforesaid ^pjj^jj
or by the making of any such false oath or declaration shall haye a right of in additioi^
action against and be entitled to recoyer damages from the person guilty of ^^^I^^S^
Buch fraud misrepresentation forgery counterfeit alteration use or utterance ^^^^f*^
or making such false oath or decbration the amount of all damages he may
baye sustained thereby with full costs of suit as hereinbefore proyided.
iSassete y. Colonial Bank, 188. N. 180 ; Z. «00, 202 j S. 187, 280, 281 ;
V. 66-168.)

143. Unless in any case herein otherwise expressly proyided all offences PtnaitiM to
against the proyisions of this Act may be prosecuted and all penalties or ^ n^of^
sums of money imposed or declared to be due or owing by or under the ^^'
proyisions of the same may be sued for and recoyered in the name of the sag^uf
Attomey-G-eneral or of the Eegistrar-General before any court in the said <*«»•»*
colony haying jurisdiction for punishment of offences of the like nature or

for the recoyery of penalties or sums of money of the like amount.

144. This Act shall commence and take effect from and after the first ^^"^JSj??:
day of Jauuary one thousand eight hundred and sixly-two. "^

SOHEDTJLES EEEEEEED TO.— A.

Applications to bring land under the provisions qf

The Real Property Act qf 1861.

I A. B. of do declare that I am [or on behalf of of

that he is] [here state the description of the estate whether in feC'Simple

or a lesser estate or as trustee or held in trust for uses'] in all that piece of land

situated in [here state the situation"] containing [here state the area] be the

P So much of aeotion 142 as relates to the puniahment of ao|^ offence puniahable as perjairor
mmiflhable under any Aot mentioned in the preamble to 29 ylo. No. li if repealed by 29 Vio.



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160 QUEENSLAND BEAL PEOPEETT ACT— No. 1.

Bftme a little more or lets [exclnsiye of roads intersectiiig tha same if any]
with [here state rights of toay and other privilegee 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 reserre] originally
granted to by land grant under the hand and seal of Goyemor

of the Colony of Queensland [or formerly Goremor of the CoIoot of New
South Wales in which colony the said land was then situated] 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 Surrey Office Brisbane And I do further declare that I am not aware
of any mortgage encumbrance or claim affecting the said land or that any
person hath any claim estate or interest in the said land at law or in equity
in possession or in expectancy other than is set forth and stated as f oUowb
that is to say [here state particulars of all unsatisfied mortgages encumbrances
claims or interests if any\ And I fiurther 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
occupier or that the land is unoccupied] and I make this solemn declaration
conscientiously believing the same to be true Dated at this

day of 18 . Made and subscribed by the abovenamed this

day of in the presence of me Begistrar-Gheneral

[or justice of the peace]. I A.%. the above declarant do hereby apply to
have the piece of land described in the above declaration brought under the

S revisions of The Beal Property Act of 186L Dated at this

ay of 18 . "Witness to signature — C. D, A. B.

B.

Caveat forbidding lands to be brought under

The Beal Froperty Act of 1861.

Take notice that I 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 lana in respect to which claim has been made to have the same
brought under the provisions of The Beal Property Act of 1861 do hereby
forbid the bringing of the said land under the provisions of the said Act.
Dated this day of 18 . A. B. Signed in my presence

this day of . To the Eegistrar-G^neral of the Colony of

Queensland.

C.

QujGJCJNSLAin).

[Boyal Arms.]
derUficaie of title.

A. B. of [here insert description and if certificate be issued pursuant to
any transfer rrferenoe to memorandum of tranrfer] is now seised of an estate
[here state whether in fee-simple] subject nevertheless to such encumbrances
liens and interests as are notified by memorandiim endorsed hereon in that
piece of land situated in the county [or township] of [here insert sufficient
description to identify the land] which said piece of land is [or is part of] the
coun^ section [or town allotment] marked delineated in the public



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QUEENSLAND BEAL PEOPEBTT ACT— No. 1. 161

map of the said couniy [or townsliip] deposited in the ofSce of the Snr^ejor-
G^eneral originallj granted the day of under the hand and

seal of Governor of the said colony [or of formerly Governor

of the Colony of New South Wales in which colony the said land was then
sitnated] to C. D. In witness whereof I have hereunto signed my name and
affixed my seal this day of • Begistrar-G^neral (l.s.)

Signed sealed and delivered in presence of the day of

D.

QirONSLAlQ>.

Memorandum of Tranrfer.

I A. B. being registered as the proprietor of an estate [here Hate nature
of the estate or interest whether in fee-simple or life estate or of a greater or
legs description than a life estate"] subject however to such encumbrances liens
and interests as are notified by memorandum endorsed 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 [exclusively of roads intersecting
the same if any] [here state rights of way pripileges or easements if any intended
to he conveyed and if the land to he 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'] which said piece of land is [or is part of] the countir section
[or town allotment] marked delineated in the public map of the said

county [or township] deposited in the office of the Surveyor-General which
was originally granted the day of under the hand and seal

of Governor of the said colony [or formerly Governor of

the Colony of New South Wales in which colony the said land was then
situated] to C. D. in consideration 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. E. all my estate or interest [or a lesser estate or interest describ-
ing 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. in the presence of G. H.

E.
Lease,

1 A.B. being registered as proprietor of an estate [here state nature of
the estate or interest whether in fee-simple or life estate or of a greater or less
description than a Itfe estate] subject however to such encumbrances liens
and interests as are notified by memorandum endorsed hereon in that piece
of land situated in the couniy [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
intended to he conveyed If the land to he dealt with contains all that is
included in an existing grant or certificate of title refer thereto for description
and diagram otherwise set forth the houndaries in chains links or feet and refer to
apian thereof on margin of or annexed to the lease or deposited in the registry
office] which said piece of land is [or is part of] the country section [or town
allotment] marked delineated m the public map of the said county

[or township] deposited in the ofiSce of the Suveyor-G^nend which was



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162 QUEENSLAND BBAL PEOPEETT ACT— No. 1.

originallj granted the day of under the hand and seal of

G-ovemor of the said colony [or formerly Governor of the colony

of New South Wales in which colony the said land was then situated] to
CD. do hereby lease to E.F. of [here insert description] all the said lands to
be held by him the said E.E. as tenant for the space oi
years at the yearly rental of £ payable [here insert t^rms of payment

of rent] subject to the following corenants conditions and restrictions \here
set forth all special covenants if any and state what covenants declared hy " The
Beat Froperty Act 1861 " to he implied against a lessor and lessee respectively
are intended to he harredor modified and in whai manner], I E.E. of \here insert
description] do hereby accept this lease of the above described lands to be
held by me as tenant and suDJect 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.E. as lessee this
day of in presence of X.Y. (Signed) A.B. Lessor. E.E. Lessee.

. E.

Bill qf Mortgage.

I A.B. being registered as proprietor of an estate {here state nature of
the estate or interest whether vn fee-simple or life estate or of a greater or less
description than a life estate] subject however to such encumbrances liens
and interests as are notifiea by memoranda endorsed 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 Moay privileges or easements if any
appertaining ana if the land to he deM with contains all that is included in
an existing grant or certificate of title refer thereto for description <f parcels
and diagram otherwise set forth the houndanes in chains links or feet and
refer to plan thereof on margin of or annexed to the mortgage or deposited in
the regutry office] which said piece of land is [or is part of] the country
section [or town allotment] marked delineated m the public map of

the said county^ [or townsmp] deposited in the office of the Surveyor-Gheneral
which was originally granted the day of under the hand

and seal of Ghovemor of the said colony [or formerly Governor

of the colony of New South Wales in which colony the said land was then
situated] to CD. Li consideration of the sum of £ this day lent

to me bv E.E. of [here insert description] the receipt of which sum I hereby
acknowledge da hereby covenant with the said E.F. that I will pay to him
the said E.E. the above sum of £ on the day of

Secondly that I will pay interest on the said sum at the rate of £
by the £100 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 are intended and state what covenants declared hy
" The Seal Property Act of 1861" to he implied in mortgages are intended to he
harred or modified and if so in what manner] And for the better securing to
the said E.E. the repayment in manner aforesaid of the said principal sum
and interest I hereby mortgage to the said E.E. all my estate and interest
in fche said land above descnbed. 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 the

presence of G-*H.



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QTJEENSLAND EEAL PEOPEETT ACT— No. 1. 158

G.

Bill of Encumbrance for Becuring a turn ofWrney.

I A.B. being registered as proprietor of an estate {here Hate nature of the
estate or intereit] subject however to sucb encumbrances liens and interests
as are notified bj memoranda endorsed thereon in that piece of land situated
in the county [toumship'} of containing [here Hate area] be the same

a little more or less [exclusive of roads intersecting the same if any] [here
alto state rights of way primlege% or easements if any appertaining and If the
land to he 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'] which 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-Gkneral which was
originally grantea the day of under the hand and seal of

Q-ovemor of the said colony [or formerly Q-ovemor of

the colony of New South Wales in which colony the said land was then
situated] to CD. of the said colony. And desirinfi^ to render the said land
available for the purpose of securing to and for the benefit of CD. the sum of
money [annuity or rent charge] hereinafter mentioned do hereby encumber
the said land for the benefit of the said CD. with the sum [annuity or rent
charge] of £ to be raised and paid at the times and in the manner

following that is to say [here state the times appointed for the payment qf 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 encumbrance by " The Beal Property Act 0^1861 '] And
subject as aforesaid the said CD. shall be entitled to all powers and
remedies given to an encumbrance by " l?he Beal Property Act of 1861."
In witness whereof I have hereunto signed my name this day of

in the presence of E.F.

H.

Transfer of Mortgage Lease or Encumbrance to be Endorsed on Original
Mortgage Bill qf Encumbrance or Lease.

I the within mentioned CD. 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
r^^istered proprietor as set forth and described in the within-written
security together with all my rights powers estate and interest therein. In
witness whereof I have hereunto subscribed my name this day of

CD. Signed by the above-mentioned CD. in the presence of
E.F. the day of Accepted as above X.Y. transieree in the

presence of Q-.H.

Nomination of Trustees,

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 are notified by memoranda endorsed hereon in that piece of land
situate in the county [or township] of [here state area] be the same a little
more or less [ezdusive of roads intersecting the same u any] [here also state

to



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154 QTTEENSLAND EEAL PEOPEBTT ACT— No. 1.

ri^hU of way privileges or ea$emenU if any intended to he conveyed in truit and
if the land to he dealt with contains all that is included in an existing grant or
cerHfieafe rtfer thereto for description of parcels and diagram otherwise set
forth the houndaries in chains links or feet and refer to plan delineated in
margin or annesced to instrument deposited in registry office] which said piece
of land is [or is part of the country section or town allotment] marked
deposited in the office of the Saryejor-Gkneral which was originally
granted the day of under theliand and seal of GK>yemor

of the said colony [or formerly Governor of New South Wales in

which colony the said land was then situated] of the said colony to CD. do
hereby transfer all my estate or interest in the said land aboTO described to
CD. of E.F. of and G.H. of as trustees of the

same under the provisions of " The Beal Property Act of 1861." In
witness whereof I nave hereunto signed my name this day of

in the presence of A.B. Accepted — CD. E.F. G.H. in the presence of

Schedule of TrusU,

It is agreed that the above described land shall he held by the above-
named trustees upon the trusts following that is to say —

K.

Caveat forhidding Begistration of Dealing with Estate or Interest.

To the Begistrar-Q^neral of Queensland.

Take notice that I claiming the estate or interest \here state the nature
of the estate or interest claimed and the grounds on which such claim is founded]
in [here descrihe land] forbid the registration of any memorandum of sale or
other instrument affecting the said land until this caveat be by me or by the
order of the Supreme Court or some judge thereof withdrawn or until
days shall have elapsed after notice of such intended registration
shall have been delivered to me or left at or forwarded through the post to
my address in the colony as under written. Dated this [here insert date of
caveat] day of 18 . A.B.



Power qf Attorney,

I A B. being registered as proprietor of an estate [here state nature
qf the estate or interest whether in /ee-simple or life estate or of a greater
or less description than a l\fe estate'^ subject however to such encum-
brances liens and interests as are notified by memoranda endorsed hereon
in [here refer to schedule for description and content of the several parcels
of land intended to he affected which schedule must contain reference to
the existing certificate qf title or land grant of each parcel] do hereby
appoint CD. to be my true and lawful attorney and on my behidf to
[nere state the nature and extent of the powers intended to he conferred as
whether to sell lease mortgage Sfc^ the lands in the said schedule des-
cribed subject nevertheless to the restrictions and limitations declared
and set forth at foot hereof 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 tor the enforcement of all contracts covenants or conditions
binding upon any lessee or occupier of the said lands or upon any other



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QinBENSLAND EBAL PEOPEBTT ACT— Ko. 1. 155

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.
I dedare the said lands [or mj estate or interest in the said lands] shall not
be sold for less than £ [here insert oondUions if any to he imposed.] I

declare the amount of money to be raised hj mortgage on the security of
the said lands under this power shall not exceed £ or be less than

and that the rate of interest at which the same is raised shall not
exceed £ for every £100 by the year. I declare the said land shall

not be leased for any term of years exceeding or at a less rent than

£ [here insert conditions such m whether ri^ht of purchase may he

given and at what price Sfc. StcJ] I declare that this power shall not be
exercised after the expiration oi from the date hereof. In witness

whereof I have hereunto signed my name this daj of Signed

by the above-named A.B. this day of m the presence of

i.T.

[Schedule referred to.]

M.

Begistration Abstract,

I A.B. being registered as proprietor of an estate [here state nature of
the estate or interest whether in fee-simple or l\fe estate or of a greater or
less descr^tion than a life estate] subject nowever to such encumbrances liens
and interests as are notified by memoranda endorsed hereon in [here refer to
schedule for description and content of the several parcels of land intended to he
dealt with which schedule must contain reference to the existing grants or certifi-
cates of title of the said parcel of land] request that a registration abstract of
my title to the said lands may be gnuited enabling me to sell lease or other-
wise deal with the same at places without the limits of the colonv. (Signed)
A.B. To the Begistrar*General. Signed by the above-named
A.B. this dav of in the presence of X.Y. I Eegistrar-

Gheneral of the colony of Queensland do hereby certify that the above
particulars relating to the above described land and to the estate and
interest therein of E.B. whose signature is above subscribed are correct as
appears by entries recorded in the register book of the said colony volume
folio pursuant therefore to the above application and by

virtue of the powers in me vested by Act of the Legislature of the said
colony intituled The Beal Property Act of 1861 this registration abstract is
issued for the purpose of enabling the said A.B. to deal with the said lands
at places without tne limits of the said colony. This abstract shall continue
in force from the date thereof to the day of unless sooner

delivered up. In witness whereof I have hereunto signed my name and



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 31 of 83)