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cite the devisees named in the will to come in and show cause within sizly
days after such citation why an order should not be made for him to
administer such land Such citation shall be by notice under the hand of
the Curator and shall with respect to such of the devisees as shall have a
place of residence within the colony known to the Curator be served
personally or by delivery at such residence and as to such of them as may
be out of the colony or have no known place of residence within it shall be
twice published in the Gazette If at the expiration of such sixty days cause
shall not be shown to the satisfaction of the Supreme Court or a judge
thereof why the order should not be made such order shall upon the petition
of the Curator be made accordingly. (St. Qeorge v. Burnett^ 67 ; Sail v.
Loder, 158. S. 244 ; V. m, 17, 6. 8ee Sec. Ill, 1861 Act.)

Se^'r^^St ^®' "'•^® Curator may at any time after the death of any deceased

wiUproEabiy porsou and without previous citation apply for and obtain an order to

be damaged administer any land of such person in any of the cases mentioned in the last

preceding section where the Supreme Court or a judge shall be satisfied

by a£Sdavit that such land would otherwise be probably damaged or injured

or that great expense would be incurred by delay in the matter.

^unciaHon 1®' ^^^©^^©ver Ihe Curator shall have received information on oafch

by tnutees that auy person has died either before or after the commencement of tbia
Act having made a will devising land within the said colony to trustees and
that such trustees have refused to accept the trusts of the will and no other
trustees shall have been appointed the Curator may apply for an order to
administer the land of such deceased person and the Supreme Court or any
judge thereof may thereupon without citation and at any time after the
death of the deceased person if satisfied of the facts make such order
accordingly.

oSnSor**^ 20. "Whenever an order to administer shall have been made under

either of the three last preceding sections the Curator shall have the same
rights powers and authorities subject to the provisions of this Act and to
the trusts of the will as if the land had been devised to him or he had been
originally appointed trustee thereof by the wilL (T. 74-8, 18, 19,-
V. 66-72.)

Case of land 21. When any person shall have heretofore died intestate leaving land

ofw^^- within the Colony of Queensland and his heir at law is unknown or shall
seMionis not withiu twclvo mouths after the death of the intestate have taken

E^**^* ossession of the land the Curator upon information on oath being given to

im of the facts may cite the heir at law to come in and show cause within
sixty days after such citation why an order should not be made for him to
administer the land Such citation shall be by notice under the hand of the
Curator and shall with respecfc to such persons as shall have a place of
residence within the colony known to the Curator be served personally or
by deliverv at such residence and as to such of them as may oe out of the
colony or have no known place of residence within it shall be twice published
in the Chzette and affixed upon the land If at the expiration of such sixty
da^s pt^usp 9h^ pot be shown to the satisfaction of the Supreme Court or



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QUEENSLAND REAL PROPEETT ACT - No. 2. 171

a judge thereof why the order should not be made such order shall upon the
petition of the Curator be made accordingly "Whenever an order to
administer shall have been made under this section the Curator shall be
deemed to be the owner of the land as against all persons except the heir
at law and any person claiming through or under him and shall be entitled
to recover possession of the land from any person who is not in possession
thereof under some valid agreement made by or binding on the intestate or
heir at law and shall be entitled to recover and receive all rents and profits
thereof accrued since the death of the intestate.

22. The Supreme Court or a judge thereof may from time to time upon P^^^'^
the application of the administrator or any person beneficially interested and maf especial
after such previous notice to other parties and inquiry as shall seem fit JjJ/^^JjJJj
order and direct the course of proceedings which shall be taken in regard

to the time and mode of sale of any land the letting and management thereof
until sale the application for maintenance or advancement or otherwise of
shares or income of shares of infants the expediency and mode of effecting
a partition if applied for and generally in regard to the administration of
the land for the greatest advantage of all persons interested.

23. In any case wherein upon such inquiry the court or judge shall be fj®^ ^
satisfied that a partition of the land would be advantageous to the parties ^der paru.
interested therem it shall be lawful for such court or judge to appoint one ^^^^^
or more arbitrators to effect such a partition And the report and fuial award way

of the arbitrators setting forth particulars of the land allotted to each party
interested shall when signed by them and confirmed by the order of the
court or judge and when also registered in the office of the Eegistrar-
Qeneral be effectual without the necessity of any further conveyance to
vest in each allottee the land so allotted In the case of land subject to the
provisions of " The Real Property Act of 1861 " each such allottee shall be
entitled to have issued to him a certificate of title for the land so allotted to
him And if such allotment be made subject to the charge of any money
payable to any other party interested for equalising the partition such charge
shall take effect according to the terms and conditions in regard to time
and mode of payment and otherwise which shall be expressed in such award
without the necessity of any further instrument bemg made or executed
And in the case of land subject to the provisions of ** The Real Property
Act of 1861 " the certificate of title shall issue subject to such charge.

24. No land passing under this Act shall be sold by the Curator or j,^^ not to
any administrator without the consent of all persons beneficially interested Jj/jJJ^***'
or the order of the Supreme Court or a judge thereof for that purpose first
obtained And no such order shall be made without such consent before the
expiration of one year from the date of the letters of administration or

order to administer.

25. The Registrar-General is hereby required to register transmission Begiatratioii
of any land subject to the provisions of *' The Real Property Act of 1861 " pJS^^
to the Curator or to any administrator when duly appointed and to register Actofi&i
all transfers and other instruments executed by such Curator or adminis-
trator in the same manner as transmission is now entered up to the heir or
devisee and as transfers and other instruments are now registered under the
provisions of the said Act. {Mtidgway v. Davy and Buick, 1 ; Barker v.

WeU, 31 ; re Beattie, 53 ; Bailey v. CAmp, 64 ; re Battray^ 73 ; re Woods^
95 ; Buekett v. £jiobbe, 168.)



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172 QUEENSLAND EEGISTBAE OF TITLES ACT.

Order 26. Whenever the land in respect of which any administrator shall bo

SSaSfuSS' appointed or any part thereof shall not be subject to the provisions of " The
of ^^ not Eeal Property Act of 1861 " the letters of administration appointing such
f?opertxAot administrator shall and may be registered in the office for registration of
t^wd "^ deeds at Brisbane in the same manner as orders of appointment of official

trustees in insolvency are now registered. (Saunders v. Cabot, 15 ; Pannan

V. Fannan, 16 ; McCJartney v. Kegterson, 17 ; Pannan v. Pannan, 18 ; re

McQwrihy, 19. V. 66-70.)
AoceptaUon 27. "Whenever in any Act the word " heir " is used the same shall as

"heir" to any land passing under this Act be deemed if necessary to signify the

person iu whom such land is vested under this Act for the time being.

SSwMd**' 28. From and after the commencement of this Act estates or riehts of

oourteay dower or by tjie courtesy of England shall not be claimed or allowed in

favour of any widow or widower as to lands in respect of which the husband

or wife shall thereafter die seized. {Jones v. Sellich 78.)

No escheftt 29. No land or estate or interest in land shall be deemed forfeited or

hdrs escheated to the Crown by reason only of the death of any person who shall

die after the commencement of the Act intestate and without heirs or next

of kin except as to the residue remaining after payment of the debts of such

person.

dutJ*to*fe ^^* -^^ ^^*y ®^*^^ ^® charged or chargeable under "tThe Stamp Duties

charged in Act of 1866 " in rcspcct of auy land whereof administration is granted
rwgS,t of ^^ler this Act. (Z. 41.)

[31 to 55 inclusive relate to Intestacy and are omitted here.]

Bepeai of 31 56. The " Curator of Intestate Estates Act of 1867 " is hereby repealed
Vic. c. 10 Provided that such repeal shall not affect anything lawfully done op
authorised or contracted to be done under the said Act or the collection
management or administration of any estate in which an order to collect
manage and administer shall have been made under the said Act And
provided further that for the purpose of such estates the Governor in
Council may continue from time to time to appoint an officer to be Curator
of Intestate Estates under the said repealed Act.

meSt^d^ 57. This Act shall commence on the first day of July one thousand

short title eight hundred and seventy-eight and shall be styled and may be cited as
" The Intestacy Act of 1877."

SCHEDULE.

Eor every order to administer where the estate shall appear to be s. d.

above fifty pounds and not above two hundred pounds ... 7 6

Where the estate shall appear to be above two hundred poimds ... 15

For every office copy per folio 3



Preamble



THE QUEENSLAND EEGISTBAE OP TITLES ACT, 1884.

WHEREAS by The Eeal Property Act of 1861, and The Real Property
Act of 1877, and the several Acts relating to the Registration of
Deeds, that is to say, — ^An Act of the Governor and Legislative Council of
New South Wales, passed in the seventh vear of Her Majesty's rei^,
entitled An Act to Consolidate and Amend the Laws relating to tne Regis-
tration of Deeds and other instruments in that part of the Colony of New



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QUEENSLAND EEGISTEAE OF TITLES ACT. 173

Soath Wales not comprehending the District of Port Phillip, and an Act
of the Parliament of New South Wales, passed in the twentietn year of Her
Majestj*s reign, entitled An Act for Transferring to the Begistrar-G-eneral
the Duties of the Chief Clerk of the Supreme Court as Begistrar of Deeds
and other instruments, and divers other Acts, certain duties are required to
be performed and executed by the Eegistrar-Gheneral or his Deputies, and it
is expedient that such duties should hereafter be performed and executed in
the manner and by the persons hereinafter declared and provided : fie it
therefore enacted by the Queen's Most Excellent Majesty by and with the
advice and consent of the Legislative Council and Legislative Assembly of
Queensland in Parliament assembled, and by the authority of the same as
follows : —

1. The Governor in Council may from time to time appoint a fit and ^Jj*'*'**'
proper person to be Registrar of Titles. boAppdnted

2. From and after the appointment of a Begistrar of Titles all the DntiM or
duties, powers, and authorities which by the said recited Acts, or any of them, GSeS^*
or any other Act relating to the registration of deeds or other instruments, imder BmI
are imposed or conferred upon or vested in the Begistrar-G^neral, shall be SS'^S'^"*
transferred to, and imposed and conferred upon, and vested in the Begistrar ^^|^^
of Titles. The Begistrar-Generai shall deliver up, and the Begistrar of oi^t»da to'
Titles shall take and retain the custody of, all deeds, instruments, registers, J ®r^j^
records, books, documents, and writings which under the said Acts, or any Reffistrar of
of them, are in the custody of the Begistrar- General, The Begistrar of '^^
Titles shall and may take and receive the same fees for performing the said

duties as may now by law be taken by the Begistrar-General for performing
the same.

3. The Governor in Council may anpoint one or more persons to be Depntiet
Deputy Begistrar or Begistrars of Titles, whose acts with respect to the ^JSed
duties aforesaid shall have the same force and effect as if done by the
Begistrar of Titles.

4. From and after the appointment of a Begistrar of Titles, the said BeuPro-
recited Acts and all other Acts relating to the registration of deeds or other ^^^
instruments in the office of the Begistrar-General shall, so far as relates to reutingto
anything to be thereatter done by, under, or with regard to the said Acts, or S^JJSJfjJf*
any of them, be read and construed as if the words '* Begistrar of Titles " |>ereadMif
were used therein, instead of the words " Begistrar-Genend " whenever the of t5S?^
said last mentioned words are used therein, and as if the words " Office of w«m aubati-
the Begistrar of Titles " were used instead of the words ** Office of the •Mttogfsiar-
Begistrar-General,** " General Begistry Office," " Office of the Begistry of g^" ^
Deeds," or other like words, whenever those words or any of them are used
therein with respect to any purpose connected with the registration of deeds

or other instruments.




land," and the imprint of such seal shall be valid, whether impressed or

made in wax, ink, or other substance. SrtrL!^^**

6. And whereas at or before the establishment of the Colony of Queens- Se^Ss re^i.
land certain transcripts of deeds or instruments, and transcripts of memorials ^i^^^^S
of deeds or instruments, affecting; land within the territory comprised in the ^|^.<
Baidcolony, which had theretofore been deposited for registration in the"^^*"



aibloin
eridflooe



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174 QTTEENSLAND SUBDIVISION LAND PBEVBNTION ACT.



Bhort title



office of the Begistrar-G-eneral at Sydney, were transmitted to, and are now
recorded in, the office of the Eegistrar-General of Queensland, and it ia
expedient that office copies of such transcripts of deeds and memorials
should be received in evidence - Be it enacted as follows : — (T. 74-13.) In.
all proceedings before any court of justice an office copy of any such
transcript shall be received and taken as evidence of the contents of the
deed or instrument of which it purports to be a transcript, or of the contents
of the deed or instrument of the memorial whereof it purports to be a
transcript, as the case may : Provided alwavs that the party producing the
same shall before producing it give reasonable notice in writing to the otber
party.

7. This Act may be cited as " The Registrar of Titles Act of 1884."



Preamble



Interpreta-
tion



THE QUEENSLAND UNDUE SUBDIVISION OP LAND
PEEVENTION ACT, 1885.

WHEREAS it is desirable that provision should be made for regulating
the width of streets and lanes and for preventing the undue sub-
division of land : Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative Council and Legislative
Assembly of Queensland in Parliament assembled, and by the authority of
the same, as follows : —

1. In this Act the following terms shall have the meanings set against
them respectively, that is to say — STREET — A road laid out on any plan
of subdivision of land or otherwise dedicated as a thoroughfare and forming
the principal means or one of the principal means of access to any portion
of land abutting upon it. LANE — A road laid out on any such plan or
otherwise dedicated as a thoroughfare and forming an additional means of
access to any portion of land abutting upon it to which there is also access
by a street. SUBUEBAN OE COUNTRY LAND - -Any land which, if
it were Crown land would be suburban or country land within the meaning
of " The Crown Lands Act of 1884." INSTEUMENT— Any deed or other
instrument whereby any land is conveyed, leased, released, transferred, or
otherwise dealt with. (N. 3 ; S. 3 ; T. 62, 3, 74-3 ; V. 66-3.)

Minimmn 2. Evorv Street laid out or dedicated after the passing of this Act shall

aSreSs^and ^® ^^ ^^^ width of sixty-six feet at the least, and every lane so laid out or
iMiea dedicated shall be of the width of twenty-two feet at the least.

Mode of en. 3. If any street or lane is laid out of a less width than that hereia-

foroement ][)efore prescribed, it shall nevertheless be deemed and taken to be of the

Erescribed width, and a space of thirty-three feet on each side of the middle
ne of any such street and of eleven feet on each side of the middle line of
any such lane shall, by virtue of this Act, without any further dedication
thereof, be and become a portion of such street or lane.

Tmee'to'en^ 4 If any plan of subdivision of land is lodged at the office of the
foroethi«Aot Ecgistrar of Titles showing a street or lane laid out contrary to the pro*
visions of this Act, the Eegistrar of Titles shall take notice of and give
effect to the provisions of the last preceding section with respect to any land
abutting upon any such street or lane which shall thereafter be transferred
under the provisions of " The Eeal Property Act of 1861."



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QITEBNSLAND SUBDIVISION LAND PREVENTION ACT. 175

5. It shall not be lawful to erect a dwelling-house fronting a lane laid Dwelling,
out after the passing of this Act at a less distance than thiriy -three feel b«ereo^ ^
from the middle line of such lane, or to use as a dwelling-house any building within oer.
erected after the passing of this Act, and being at a less distance than ^Lnee^*"^
thirl^-three feet irom the middle line of a lane unless in either case the
building is at the comer of a street and a lane.

6. If any building is erected or used contrary to the proyisions of the Houbm bo
last preceding section, such building shall be deemed to be a nmsance ^JJSdto ^^
within the meaning of Part 6 of " The Health Act of 1884," and may be JjJ^SJes
dealt with accordingly.

7* A registered proprietor of any suburban or country land held under Plan of rab.
the provisions of " The Keal Property Act of 1861," who desires to transfer ^^^
or otherwise deal with part of such land shall deposit with the Registrar of lodged with
Titles a map or plan showing the proposed division of the land, and the tuWJJsU
area of each portion thereof after division, and being in other respects in <»■«"
conformity with the provisions of the one hundred and twentieth section of
the said Act relating to maps and plans deposited under the provisions of
that section.

8. After the passing of this Act it shall not be lawful to deposit with Hsp show,
the Registrar of Titles any map or plan of subdivision of suburban or ^l^ilS^
country land held under the provisions of " The Eeal Property Act of »<>* *oJ^®
1861," in which any allotment or portion of such land is shown as of a less I^ptin
area than sixteen perches, unless such map or plan is deposited with, and <>«^»**» o**^
for the purpose of the registration of, one of the instruments following, that
is to say — (1) An instrument executed in pursuance of an agreement in
writing made before the passing of this Act ; (2) A transfer or lease of
land to the owner of land adjoining the land transferred or leased ; (8) A
transfer of land to Her Majesty or any person on behalf of Her Majesty or
on account of the Public Service ; (4) A transfer of land to or by the
council oi a municipality or board of a division : (5) A lease for a term of
less than ten years.

9* After the passing of this Act it shall not be lawful to register any in8^ram«nts
instrument dealing with any allotment or portion of suburban or country {2 SSa?*^
land which is of a less area than sixteen perches, unless in one of the cases '^^^^'^
following, that is to say — (1) When the instrument is a deed of grant from j^^istered
Her Majesty ; (2) When the instrument is executed in pursuance of an
agreement in writing made before the passing of this Act, and such agree-
ment is produced to the Registrar of Titles at the time of registration, and
the date of making the agreement is proved to his satisfaction ; (3) When
the land is not held under the provisions of " The Real Property Act of
1861," and is the whole of a portion of land which has been conveyed to the
person by whom the instrument is executed, or his predecessors in title, by
an instrument executed before the passing of this Act or in pursuance of an
agreement in writing made before thepassing of this Act and registered in
conformity with its provisions ; (4) When the instrument is an application
to bring such a portion of land as lastly described under the provisions of
" The Eeal Property Act of 1861 ; (5) When the land comprised in the
instrument is the whole of the land comprised in (a) A Deed of Q-rant, or
(b) A Certificate of title registered before the passing of this Act, or (c) A
Certificate of Title registered after the passing of this Act in one of the
cases hereinbefore in this section mentioned ; (6) When the land comprised



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176 QUEENSLAND SUBDIVISION LAND PEEVENTION ACT.

in the instrument is the whole of the land comprised in a subdivision
delineated on a map or plan of subdivisions, lodged with the Registrar-
General or Eegistrar of Titles before the passing of this Act, for the purpose
of the transfer of one or more of the subdivisions comprised in such map or
plan ; (7) When the land comprised in the instrument is the whole residue
of the land comprised in any such instrument as hereinbefore in this section
mentioned after the registration of any such conveyance or transfer of
portion thereof as is by this section permitted ; (8) When the instrument
is a conveyance or transfer of lana to Her Majesty or any person on
behalf of her Majesty or on account of the public service ; (§) When
the instrument is a conveyance, mortgage, transfer, of land to or by the
council of a municipality or board of a division ; (10) When the instru-
ment is a conveyance, or transfer, or lease of land to the owner of land
adjoining the land dealt with by the instrument ; (11) When the instru-
ment in a lease or assignment o£ a lease for a term of less than ten years
and not containing an agreement for renewal. The provisions of this section
do not apply to instruments dealing with easements only. {Kickham v. The
Queen, 47 ; Anderson v. Maori Hill Borough, 103, 124 ; McGlone v. Begiairar
inBtmmenu of Htles, 141. N. 43 ; Z. 61 ; S. 81 ; T. 62-43 ; V. 85-41.)

for undue ^ ' /

of^d proL 10* ^^ ®^*^ ^®* ^^ lawful to execute any instrument which by this Act

hibited is forbidden to be registered.

Power to 11, The Q-ovemor, at the request of the Council of a municipality,

opSSion of or board of a. division, may by Order in Council, and subject to such con-

^°^ ditions as may be imposed by the Order in Council, suspend the operation

of the Act or any part thereof with respect to any part of the municipality

or division which is used principally for business purposes and not for

purposes of residence.

offraiw'**' 12. Any person who ofEends against, or evades, or attempts to evade,

agunst and any of the provisions of this Act shall be liable to a penalty not exceeding

ST'""''' one hundred pounds.

Mode of 13. Any offence against this Act may be prosecuted in a summary way

proeecauon ^^j^^^ ^^ ^^ jUStices. (Z. 216.)

Short title j^ rpyg ^^^ jj^y 1^ ^-^^ ^g u rpi^^ Undue Subdivision of Land Pre-

vention Act of 1885,"



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SOTTTB A-rrSTBALIA-N fiEA.L PEOPBETT ACT. 177

isse.

SOUTH AUSTRALIA.



REAL PROPERTY ACT.



Note. — The numlers following any case quoted at the end of a section mill be found to
correspond with the same number in the Digest, The letters V. {Victoria) ;
Q. (Queensland); Z. (New Zealand) ; N. (New South Wales); T. (Tas-
mania) ^ followed by a number or numbers^ refer to the respective Land Transfer
Acts of the Colonies above-named^ and to the number of the section of such Act
where there is only one Act, or to the year and section of Acts where the original
is followed by a further Act or Acts, and all notes to sections will be found in
italics or other distinguishing type.



WHEREAS it is expedient to consolidate and amend the Praambi*
" Real Property Act of 1861/' the " Real Property



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 34 of 83)