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

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upon] the land hereinafter described in all that piece of land [here describe
land, according to the description in the lease, mortgage, or encumbrance, or in
general terms by reference to the registered instrument. Dated the
day of one thousand eight hundred and . [Signature.]



THE EIGHTH SCHEDULE.

Memorandum of Lease,

I, A.B., of [here insert residence and description] being registered as the See. lie
proprietor of an estate [here state the nature of the estate or interest, and if
not an estate of freehold refer to the instrument of title creating the same]
subject, however, to such encumbrances, liens, and interests as are notified
by memorandum underwritten or indorsed hereon, in [here insert sufficient
description to identify the land and follow the other directions given in the form
of a transfer in the Seventh Sehedale hereto so far as the same are applicable]
do hereby lease to CD. of [here insert residence and description] all the said
lands, [if so, together with, here describe the easements if any] to be held by
him the said CD. as lessee for the space of years from the

day of 18 . at the yearly rental of £ , payable [here insert

terms of payment of rent], subject to the following covenants, conditions,
and restnctions [here set forth special covenants, if any], I, the above-
named C D., do hereby accept this lease of the above described lands [if so
and easements] to be held by me as lessee, and subject to the conditions,
restrictions, and covenants above set forth. Dated this day of

, 18 . [Signature.]



THE NINTH SCHEDTILE.

Memorandum of Mortgage,

I, A.B., of [here insert residence and description] being registered as the seo. 128
proprietor of an estate [here state nature oj the estate or interest, and if not
am, estate of freehold refer to the instrument of title creating the same] subject,
however to such incumbrances, liens, and interests as are notified by memo-
randum underwritten or indorsed hereon, in [here insert sufficient description
to identify the land and follow the other directions given in the form of a
transfer in the Sixth Schedule hereto so far as the same are applicable. In
consideration of the sum of £ , this day lent to me by C.D. of [here

insert residence and description], the receipt of which sum I hereby acknow-
ledge, do hereby covenant with the said CD., that I will pay to him, the
said C.D., the above sum of £ on the day of

Secondly, that I will pay interest on the said sum of £ at the rate of

£ for every £100 by the year, by equal payments on the ,

in every year. Thirdly, [here set forth special covenants, if any.] And for
the better securing to the said C.D. the repayment in manner aforesaid of
the said principal sum and interest, I hereby mortgage to the said CD., all
my estate and interest in the said land [if so, and easements] above des-
•cribed. In witness whereof I have hereto signed my name this day

of 18 • [Signature.]



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288 SOUTH AUSyRALTAN SEAL PEOPEETY ACT.

THE TENTH SCHEDULE.

Memorandum of incumbrance Jor securing a sum of Money,

See. U8 I, A.B., of {Jkere insert residence and descriptum] being registered as the

proprietor of an estate [here state nature of the estate or interest ^ and if not
an estate of freehold refer to the instrument of title creating the samel subject,
howeyer, to such encumbrances, liens, and interests as are notified 67 memo-
randum underwritten or indorsed hereon, in [here insert sufficient description
to identify the land and follow the other directions given in the form of a



transfer in the Sixth Schedule hereto so far as the same are applicable,'] And
desiring to render the said land \ifso^ and easements] 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 ^fso^ and easements] 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 of the sum, annuity, or rent charge intended to he
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
oy " The Beal Froperty Act, 1886"]. And subject as aforesaid the said
CD. shall be entitled to all powers and remedies given to an encumbrancee
by " The Real Property Act, 1886." In witness whereof I have hereunto
signed my name this day of [Signature.]



GPHE ELEVENTH SCHEDULE.

Transfer qf Mortgage Lease or Encumbrance to he Indorsed on Original
Mortgage Encumbrance or Lease,

Bm.160 Transferred to CD, of [here insert residence and descriptum], in

consideration of £ . Receipt acknowledged [Signature] [i)f

transfer of lease add Accepted, CD., transferee.]



THE TWELFTH SCHEDULE.

Caveat forbidding Registration of dealing with Estate or Interest,

Seo. 191 To the Begistrar-General of South Australia. Take notice that I, A.B.,

of [residence and descriptum], claiming {here state the nature of the interest
claimed, and the grounds upon which such claim is founded] in [describe land,
and refer to grant or certificate] forbid the registration of any dealing with
the estate or interest of C.D. in the said land [if so unless such dealing shall
be expressed to be subject to my claim]. Address for service of notices and
proceedings : [Here insert an address within the city of Adelaide], Dated
this day of , 18 . A.B. [or A.B., by his agent E.R]

I, the above-named A.B. [or E.F. of {residence and description), d^ent tor the
above-named A.B.], make oath and say [or declare] that the allegations in
the above Caveat are true in substance and in fact [if no personal konwledge
add, as I have been informed and verily believe]. Sworn [or declared] by
the said A.B. [or E.E.] at , this day of , 18 .

Before me.



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SOUTH AUSTEALIAN SEAL PEOPEETT ACT. 289

THE THIETEENTH SCHEDULE.

Fower of Attorney.

I A.B., of [here intert residence and description"], do hereby appoint CD. Sacise
of [here insert residence and description"], as mj attorney, and authorise him
to act for me in making applications to bring any land, estate, or interest
[or i f it is only intended to aive power to bring any particular land under the
provisions of this Acty describe same] oi which I am, or shall hereafter be,
seized or pos8e8?ed under the provisions of " The Eeal Property Act, 1886,"
and to execute all or any instruments that may be necessary for giving effect
to any dealing with any land, estate, or interest of which I am or may
be the registered proprietor [or if it is intended to limit the power to particular
land or to particular dealings; shortly describe the same]. In witness whereof
I have hereunto set my hand this day of 18 . [Signature.]

THE FOUETEENTH SCHEDULE.

Revocation of Fower of Attorney,

I, A.B., of [here insert residence and description], do hereby revoke the Sac.i57

power of attorney, dated the dav of 18 , given by me

to CD., of .[^^^ insert residence and description]. Dated this day

of 18 . [Signature.]

THE PIPTEENTH SCHEDULE.
Certificate of Acknowledgment of Married "FToman.
I certify that this [or the within] instrument was this day produced Seo* s^
before me, and was acknowledged by , the wife of , therein

named, being personally present before me, and being of full age and
competent understanding, to be her act and instrument ; previous to which
acknowlegment the said being examined by me separately and apart

from her husband touching her knowledge of the contents of the said instru-
ment, and her consent thereto, declared that she fully understood the nature
and effect thereof, and that the same was freely and voluntarily executed b;
her. As witness my hand this day of 18 . [Signature.



3



THE SIXTEENTH SCHEDULE.
Shoet Poems op Covenants and theie Inteepeetation.
Short Form, — Covenant at Length.
1. The mortgagor or encumbrancer will insure : — The mortgagor or en- Bao. 266
cumbrancer will insure, and during the continuance of this mortgage keep
insured, against loss or damage by fire, in the name of the mortgagee or
encumbrancee, in some public insurance office to be approved by the mortgagee
or encumbrancee, to the amount of their full value, all buildings and erec-
tions which shall for the time being be erected on the mortgaged land, and
shall be of a nature or kind capable of being so insured, and will when
required by the mortgagee or encumbrancee deposit with him the policy of
every such insurance, and within seven days after each premium shall become
payable the receipt for such premium, and if default shall be made in the
observance or performance of this covenant, it shall be lawful for the
mortgagee or encumbrancee, without prejudice, nevertheless to and concur-
rently with the powers granted him by this mortgage and hj *' The Eeal
Property Act^ 1386,'* so to insure such buildings and erectionS| and the



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240 SOUTH AXJSTEALIAN EEAL PEOPEETT ACT.

costs of such insurance shall be a debt from the mortgagor or encumbrancer
to the mortgagee or encumbrancee, and shall be added to the principal
moneys hereby secured, and shall, during the continuance of this mortgage,
be a charge upon the mortgaged land, and bear interest at the same rate as
the said principal moneys, and all moneys which shall be received by virtue
of any such insurance as aforesaid, shall, at the option of the mortgagee or
encumbrancee, be laid out in making good the loss or damage in respect of
which the same shall be received or be applied by the mortgagee or encum-
brancee in or towards satisfaction of the moneys hereby secured.

2. The lessee will insure : — The lessee will insure, and during the con-
tinuance of this lease keep insured, against loss or damage by fire, in the
joint names of the lessor and the lessee, in some public insurance office to
be approved by the lessor, to the amount of their full value, all buildings
and erections which shall for the time being be erected on the land hereby
leased, and shall be of a nature or kind capable of being so insured, and
will, when required by the lessor, deposit with him the policy of every such
insurance, and within seven days after each premium shall become due the
receipt for such premium, and on any breach or non-observance of this
covenant the lessor may, without prejudice to and concurrently with the
other powers granted to him by this lease and " The Eeal Property Act,
1886," so insure such buildings and erections, and the costs oi effecting
such insurance shall be added to the rent hereby reserved, and shall be a
charge upon the said leased land, and recoverable by action or distress in
the same manner as the said rent is recoverable. All moneys which shall
be received- under or by virtue of any such insurance as aforesaid shall be
laid out and expended in making good the loss or damage in respect of which
the same shall be received.

3. The lessee mil paint outside every alterrtate year : — The lessee will, in
every alternate year during the currency of this lease, paint all the outside
woodwork and ironwork belonging to tne premises hereby leased, with two
coats of proper oil colours, in a workmanlike manner.

4. The lessee tvill paint and paper inside every third year: — The lessee
will, in every third year during the currency of this lease, paint the inside
wood, iron, and other work belonging to the premises hereby leased, and
now or usually painted, with two coats of proper oil colours, in a workman-
like manner, and also re-paper, with paper of the quality now used, such
parts of the said premises as are now papered, and also wash, stop, whiten,
or colour such parts of the said premises as are now washed, stopped,
whitened, or coloured respectively.

6. The lessee mil fence : — The lessee will, during the continuance of this
lease, erect and put up a good and substantial fence on the boundaries of
the said leased land upon which no substantial fence now exists.

6. The lessee will cultivate : — The lessee will, during the continuance of
this lease, cultivate, use, and manage all such parts of the land hereby leased
as are or shall be broken up or converted into tillage in a proper and husband-
manlike manner, and will not impoverish or waste the same.

7. The lessee toill not use the premises as a shop : — The lessee will not
convert, use, or occupy the premises hereby leased, or any part thereof, into
or as a shop, warehouse, or other place for carrying on any trade or business
whatsoever, or permit or suffer the said premises, or any part thereof, to be
used for any such purpose or otherwise than as a private dwelling-house^
without the consent in writing of the lessor.



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SOUTH AXJSTEALIAN EBAL PEOPEliTY ACT. 241

8. The lessee mil not cany on offensive trades : — The lessee will not,
during the continuance of this lease, use, exercise, or carry on, or permit or
suffer to be used, exercised, or carried on, upon the premises hereby leased,
or any part thereof, any noxious, noisome, or offensive art, trade, business,
occupation, or calling, or do, permit, or suffer any act, matter, or thing what-
soever upon the said premises, or any part thereof, which shall or may be or
grow to the annoyance, nuisance, grievance, damage, or disturbance of the
occupiers or owners of the adjoining lands and hereditaments or any of them.

9. The lessee will not without leave assign or sublet : — The lessee will not
assign, transfer, demise, sublet, or set over, or otherwise by any act or deed
procure the leased land, or any part thereof, to be assigned, transferred,
demised, sublet, or set over unto any person whomsoever, without the consent
in writing of the lessor first had and obtained.

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

11. The lessee will carry on the business of a publican, and conduct the
same in an orderly manner, will apply for renewal of licence, and will facilitate
transfer of licence : — The lessee will at all times, during the continuance of
this lease, use, exercise and carry on in and upon tiie leased premises the
trade or business of a licensed victualler or publican, and retai&r of spirits,
wines, ales, beer, and porter, and keep open and use the messuage, tenement,
or inn, and buildings upon the leased land as and for an inn or nublic-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, or commit, or permit, or suffer to be done or committed, any act,
matter, or thing whatsoever whereby or by means whereof any licence shall
or may be forfeited or become void, or liable to be taken away, suppressed,
or suspended in any manner howsoever ; and also will from time to time
daiing the continuance of this lease, at the proper times for that purpose,
apply for and endeavour to obtain at his own expense, all such licences as
are or may be necessary for carrying on the said trade or business of a
licensed victualler or publican in and upon the said leased premises, and
keeping; the said messuage, tenement, or inn open as and for an inn or
public-nouse as aforesaid; and also will at, or if necessary before, the
expiration or other sooner determination of this lease, sign and give such
notice or notices for renewal or transfer of any licence as may be requisite
or as may be desired by the lessor, and allow such notice or notices for
renewal or transfer of any licence as may be 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 will do all such further acts, matters, and things as
shall be necessary to enable the lessor, or any person authorised by him, to
obtain the renewal of any licence, or any new licence, or the transfer of any
licence then existing and in force.

THE SEVENTEENTH SCHEDULE.

Except and always reserved to his heirs, executors, adminis- seo. 266

trators, and assigns, all coals, seams of coal, mines, minerals, and quarries of
stone and slate which now are, or at any time hereafter may be found in,
upon, or under the said laud and premises, with f uU liberty of ingress,

81



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242 SOUTH AUSTEALIAN EEAL PEOPEETT ACT.

egress, and regress, at all times, to and for the said his heirs,

executors, administrators, and assigns, and his and their agents, servants,
and workmen, and others to be by him or them authoris^, at all times,
with or without horses and other cattle, carts, or other carriages, laden or
unladen, engines, machinery, and all necessary implements and things, into,
upon, and from the said lands and premises, and every or any part thereof,
and full right there to view, survey, dig for, work, store, carry away, sell
and dispose of the said coals, mines, minerals, and quarries of stone and
slate ; and also for the purposes aforesaid, to erect steam-engines and other
machinery, with the buildings necessary thereto, and to sink pits, make
wagon- ways, and use all other inventions and means for draining, sinking,
storing, leading, carrying away, selling and disposing of such coals, mines,
minerals, stone, and slate, doing or suffering to be done as little damage as
possible in the exercise o£ the said liberties and rights, and paying and
allowing to his heirs, executors, administrators, and assigns, a

reasonable compensation for damage to the surface of the said land, or any

buildings or fences thereon.

THE EIGHTEENTH SCHEDULE.

Certificate of BegUtrar- Oetieral, Justice of the Peace, ^c,, before whom in9trument
may have been executed by the parties thereto,
8eo. 267 Appeared before me at , the day of , A. B. of

[here insert residence and description], the party executing the wiihin instru-
ment, being a person well known to me, and did freely and voluntarily sign
the same. (Signed) Begistrar-General, J. P., <&c.

THE NINETEENTH SCHEDULE.

Certificate of Registrar- General, Justice of the Peace, ^c, taking Declaration of

Attesting Witness,
Sec. 268 Appeared before me at , the day of 18 ,
C. D., of [here insert name, residence, and description of attesting uniness'\,
n person known to me and of good repute, attesting witness to this instru-
ment, and acknowledged 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., that the signature to the said instrument is in the handwriting of
the said A. B., and that the said A. B. did freely and voluntarily sign the
same and was at that time of sound mind. (Signed) Registrar-
General, J.P., Ac.

THE TWENTIETH SCHEDULE.

Scale of Charges for Solicitors and Brokers, £ s. d.

See. 271 Pq^ application to bring land under Act ... ... ... 100

Where the title has not remained in the original grantee,
an extra charge may be made in proportion to the
trouble, such cases being more in toe nature of con-
veyancing
For entering caveats ^exclusive of professional charges incident

to litigation pendmg) ... ... ... ... 1

For a memorandum of transfer ... ... ... ... lOO

For a mortgage or encumbrance ... ... ... ... 1

For a memorandum of lease if in duplicate ... ... ... 1

For a memorandum of lease if in triplicate ••• ... ... 1 10



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SOUTH AXJSTEALIAN BEAX PROPEETY ACT. 248

£ s. d.
For a discharge or transfer of mortgage ... ... ... 10

Fop a transfer or surrender of lease ... ... ... 10

For a power of attorney ... ... ... ... ... 10

Where implied covenants or powers are modified, or any covenants,
not being such for which short forms are given, are intro-
duced in any instrument, extra ... .. ... 10

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

THE TWENTT-FIEST SCHEDULE. 8«,.ta4

Sules and Regulations f^r Frocedure in the Matter of Caveats,

1. The cayeator may bring an action for the purpose of establishing Perton eo-
his claim, or may for such purpose take proceedings by way of petition to toaSfLbUA *
the Supreme Court. Sucu petition shall be filed, and shall contain, as Jjj"^^-
concisely as may be, a statement of the material facts on which the to be hnd^
petitioner relies, such statement to be divided into paragraphs, numbered '^'•'^^
consecutively, each paragraph containing, as nearly as may be, a separate

and distinct allegation, and shall state specifically what estate, interest, or
charge the petitioner claims ; and the Master of the said Court shall, upon
the receipt of such petition, appoint a time for hearing the same.

2. Tne petitioner shall cause a copy of such petition, with notice of the Oo^j of
time appointed for hearing, to be served seven days at least before the time EeMnrod'
appointed for the hearing ot the said petition, on the caveatee, or at the Jp^»* «*»**^"
aadress given in his application.

3. On the day oi nearing, the caveatee is personally, or by counsel, to S^nJjjJ
show cause, and if necessary by affidavit, why the prayer of such petition p^ition
should not be granted.

4. If the caveatee shall not appear on the day appointed for the ?^P^
bearing, the Court may, upon due proof of the service ot such petition, Son.a««n^
make such order, in the absence of the caveatee, either for the establishment ^^^J
of the rights of the caveator, or as the nature and circumstances of the case

may require, as to such Court may seem meet.

5. On the hearing of the petition, and upon reading the affidavits, if Hearing of
any, filed in support thereof, and any documents produced to the Court, and ^^^^^
hearing what may be alleged on behalf of the caveatee and caveator, the
Court may, if it shall think fit, make an order establishing the right of the
caveator, or directing any inc^uiries to be made or other proceedings taken

for the purpose of ascertaining the rights of the parties, and for that
purpose may adjourn the hearing and order the petition to be served on any
other persons the Court may consider necessary, and every person so served
shall attend at the adjourned hearing of the petition ; or the Court may
dismiss the petition.

6. The Court may, if it shall think fit, direct any question of fact QaMtion of
brought before it to be decided before a Judge thereof ; and for that purpose Jjlfe^^ ^ •
may direct an issue to be tried wherein the caveator shall be plaintifE and jury

the caveatee shall be defendant ; and the said Court shall direct when and
where the trial of such issue shall take place ; and the Court may also direct ^^^^^
the parties to produce all deeds, books^ papers, and writings in their custody S^ds, fto.



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244 SOUTH AUSTEALIAN EEAL PBOPEETT ACT.

or power, on oath before the Master, on a day to be named by the Court,
and each party shall have liberty to inspect the same, and take copies thereof,
at his own expense ; and such of them as either party shall give notice to
have produced at the trial, shall be produced accoraingly, and the issue may-
be in the form following, viz.: —
In the Supreme Court.
Form of The day oE in the year of our Lord 18

lasae SouTH AusTBALiA ) Whereas A. B. aflBrms and C. D. denies [here state

to wit, ) the questions of fact to be tried] and it has been ordered

hj His Honor Mr. Justice that the said questions shall be tried by

a jury : Therefore let the same be tried accordingly.

And in case the parties differ upon the questions to be tried, the Court
may either settle the same or refer them to the Master.
whereMt? ^" ^^ *'^® Court shall find that the caveator is entitled to all or some of the

tioner«itab- relief claimed by him, the order of the Court shall declare what is the estate,
^2^^ interest, lien, or claim to which the caveator is entitled, and the Court may
make such order as the circumstances may require, and shall have power to



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 44 of 83)