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against the Eecorder of Titles, as nominal defendant, to allow the Beo^rder
of Titles 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 such judgment shall be final, and signed in like manner as a final judg-
ment 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 colonv sumcient to satisfy the amount for which execution
mav have been issued as aforesaid, it shall be lawful for the Eecorder of
Titles to recover such amount, or the unrecovered balance thereof, by action
against such person at any time thereafter he may be found within the
jurisdiction of the Supreme Court. {Moyle v. QibU, 40. N. 123 ; S. 218;
V. 66-150.)



^. 133. The Assurance Fund shall not, under any circumstances, be liable

liftbiebi 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 deprivation has been occasioned by
any land being included in the same certificate of title with other land
through misdescription of the boundaries or parcels of any land, unless in
the case last aforesaid it shall be proved that tne person liable for compensa-
tion and damages is dead or has absconded, or has been adjudged insolvent,
or the ShenlE shall certify that such person is unable to pay the full amount
and costs awarded in any action for recovery of such compensation, and the
said fund shall be liable for such amounts only as the SherifE shall fail to
recover from the person liable as aforesaid {Moyle v. Chibhty 49. N. 116-
124 ; Z. 53 ; Q. 77-47 ; S. 206 ; V. 66-151.)



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TASMANIAN SEAL PEOPEETT ACT-No. 1. 283

134. The Becorder of Titles shall not indiyidoallj, nor shall any person fieoorder of
acting under his authority, be liable to any action, suit, op proceeding for or bl^bie*^for
in respect of any act or matter bona fide done, or omitted to be done in the "*• ^^*
exercise or supposed exercise of the powers of this Act. -^

135. Any certificate of title issued upon the first bringing of land under oertifloateof
the provisions of this Act, and every certificate of title issued in respect of ^^51?™
the same land, or any part thereof, to any person claiming or deriving title person Um
under or through the applicant proprietor, shall be void, as against the title SSS^ghJ
of any person adversely in actual occupation of, and rightfully entitled to, ^y®*?^j^
such land or any part thereof, at the time when such land was so brought the^i^t
under the provisions of this Act, and continuing in such occupation at the time p«>pn«*0Jf
of any subsequent certificate of title being issued in respect of the said

land, but every such certificate shall be vaUd and effectual as against the
title of any other person whomsoever. (S. 69-6 ; Z. 67.)

136. In case it shall appear to the satisfaction of the Eecorder of Titles ^"*^J^.
that any certificate of title or other instrument has been issued in error, or flower
contains any misdescription of land or of boundaries, or that any entry or ^Jf Jf^S
endorsement has been made in error on any grant, certificate of title or other has been
instrument, or that any such grant, certificate, instrument, entry, or endorse- SnSi?orwho
ment, has been fraudulently or wrongfully obtained, or that any such grant, wrongfoUy
certificate, or instrument is fraudulently, or wrongfully retained, he may sum- SSJSLImt,
mon the person to whom such grant, certificate or instrument has been so issued, °^J^ ■'*™"
or by whom it has been so obtained or is retained, to deliver up such certifi-
cate or instrument for the purpose of being cancelled or corrected, as the

case may require; and in case such person shall refuse or neglect to comply Person re-
with such summons, or cannot be found, the Eecorder of Titles may apply SSuvfr*np
to a Judge of the Supreme Court to issue a summons for such person to S*'**?^^^
appear before such court or judge, and show cause why such grant, certificate ti^% cor-
or other instrument, should not be delivered up to be cancelled or corrected JJ^^^^
as aforesaid, and if such person, when served with such summons, shall and brought
neglect or refuse to attend before such judge or court, at the time therein SSSgeofthe
appointed, it shall be lawful for such judge to issue a warrant authorising Supreme
and directing the person so summoned to be apprehended, and brought ^"*
before a Judge of tne Supreme Court for examination. {Sharpe v. Hadley^
8 ; Camphell v. Jarrett, 96. S. 61 ; V. 66-132 ; N. 126 ; Z. 69, 71. See note
to Sec. 11, ante.)

137* Upon the appearance before the court or judge of any person Pari/ ap.
summoned or brought up by virtue of a warrant as aforesaid, it shall be IJl^lSiSS
lawful tor the court or judge to examine such person upon oath, and, in on oath
case the same shall seem proper, to order such person to deliver up fiuch ooort may
grant, certificate of title, or other instrument as aforesaid, and upon refusal SJ^^J^^f
or neglect by such person to deliver up the same pursuant to such order to the inston-
commit such person to any gaol, and in such case, or in case such person SSSrderrf
shall have absconded, so that summons cannot be served upon him as herein- Tities
before directed, the Eecorder of Titles shall, if the circumstances of the case in oase of
require it, issue to the proprietor of the said land such certificate of title or Jfj^jj jL
other instrument as is herein provided, to be issued in the case of any grant oorder of
or certificate of title being lost, mislaid, or destroyed, and shall enter in the SS?i^sh
Segister Book notice of tne issuing of the said certificate of title or other oertifloateor
instrument, and the circumstances under which the same was issued, and ^H '°'^^'
such other particulars as he may deem necessary. {FatoheU v. Maunseli,
113 ; re Wm. Wadham, 114. Q. 61-181, 182, 50; S. 48, 62 ; V. 66-62, 188.)



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284 TASMANIAN BEAL PBOPEETT ACT— No. 1.

Powew oi 138, Upon the recoTery of any land, e«tate or interest by any pro-

SJSct «a- ce^ding at law or in equity, from the person registered as proprietor thereof ,

oeiutioiK^ it shall be lawful for the court or judge in any case in which such

S^S^ proceeding is not hereinbefore expressly barred, to direct the Recorder of

tainoMM Titles to cancel any eertificate 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 Recorder of Titles shall give effect to such order. (Be Beattie, 53 ;

Big^s T. Waierhouse, 68 ; re Wm. Biggt, 69. N. 44 ; Z. 73, 78 ; Q. 77-28 ;

8. 61-98 ; V. 66-62, 139.)

g«^^^ 139. If any person fraudulently procures, assists in fraudulently

Mta to be procuring, or is privy to the fraudulent procurement of any certificate of
dHMMoora' *^*^® ^^ 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 instru-
ment or form issued by the Recorder of Titles, or fraudulently uses, assists
in fraudulently using, or is privy to the fraudulently using of any form
purporting to be issued or sanctioned by the Re^trar- General, or know-
ingly misleads or deceives any person hereinbefore authorised 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 pro-
visions of this Act, or in respect to which any dealing or transmission
is proposed to be registered or recorded, such person shall be guilty of
a misdemeanour, and shall incur a penalty not exceeding five nundred
pounds, or may, at the discretion of the court before whom the case may
be tried, be imprisoned, with or without hard labour, for any period not
exceeding three years ; and any certificate of title, entry, erasure, or alter-
ation so procured or made by fiaud, shall be void as between all parties or
privies to such fraud. (N. 130; Z. 200; S. 74-17, 233; T. 62-139; V.
66-163.)
Formrto 140. If any person is guiltr of the following offences, or any of them

b« ft lUonj ^j.\^^ |g ^ gj^y) . — ^2^ J jf |jg gjjjjj forgo. Or procure to be forged, or assists in
forging the seal of the Recorder of Titles, or the name, signature, or hand-
writing of any oflBcer of the Registry Office in cases where such officer is by
this Act expressly or impliedly authorised to affix his signature : (2) If be
stamps, or procures to be stamped, or assists in stamping, any document,
with any forged seal of the Recorder of Titles : (3) If he forfi;e8, or ^ocuree
to be forged, or assists in forging, the name, signature or handwriting of
any person whomsoever, to any instrument wUch is by this Act, or in
pursuance of any power contained in this Act, expressly or impliedly
authorised to be signed by such person : (4) If he uses, with an intention to
defraud any person whomsover, any document upon which any impression or
part of the impression of any seal of the Recorder of Titles has been f orged,
imowing 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 u any person i^ guilty of making a false oath
or declaration concerning any matter or procedure made or done in pursuance
of this Act, such person shall be deemed guilty of perjury. {Ooleman and
Clark V. Eiria, 46 ; Bailey v. Ohriip, 64 ; Beg. v. Tideman, 99. N. 182 ;
Z. 200, 201 ; S. 229-1 ; V. 66-164.)

pqpiihmBDt 141. Any person convicted of felony or perjury under this Act shall

of ftio&y 1^^ liable to be kept in penal servitude for any term not exceeding ten years.
(N. 188 ; Z. 203 ; S. 229, 281 ; V. 66-166.)



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TA8MANIAN EEAL PBOPBETT ACT— No. 1. 286

142. No pro^ceeding or conviction for any act hereby declared to be a ConTiction
misdemeanour or a felony shall affect any remedy which any person aggrieved ^wi*M!edy
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.

148, In the conduct of actions under this Act, the same rules of pro- gj^ <>'
cedure and practice shall apply, and there shall be the same rights of appeal Coa?to
as are in force or exist for the time being in respect of ordinary actions in 2S» iSit
the court in which such action may be inried : Provided that the judges of of appeal m
the Supreme Court shall have power from time to time to make rules and ^5^**^
orders for regulating proceedings in the Supreme Court under this Act, and
from time to time to rescind, alter, or add to such rules and orders. (S. 9, coarTiMy
288 , V. 66-152.) J^ ™i«»

144. Unless in any case herein otherwise expressly provided, all Juiadiotion
offiences against the provisions of this Act 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 Attomey-Gteneral or of the Eecorder of Titles before any Court
in the said 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.
(flc Wm. BiggSy 69; re Oluu, Willianuon, 66 ; re Mart and Pegus^ 84 ; re
Jffeamley, 97 ; Hodgson v. Hunter, 112 ; Beg, v. Price, 162. V. 66-168.)

145« This Act shall commence and take effect from and after such day Commenoe.
as the Governor in Council may determine before the first day of July, one ™*"* ^^^
thousand eight hundred and sixty-two.



SCHEDULE.

A.

Application to Bring Land under the Provisions of

The Beal Property Act,

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

of • that he is] seized of an estate of freehold [here state whether of

inheritance, or of a life estate, 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 [excltisive 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
seetion or reserve] originally granted to by land jO^rant under the hand

and seal of formerly Governor of the Colony of Tasmania, dated the

day of , numbered in the plan of the [District

Toumship, or County] of , as delineated on the public maps of the

Colony, deposited m the Survey Office, Hobart Town. And I do further
declare that I am not aware of any mortgage, encumbrance, or claim affect-
ing the said land or that any person bath 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 particu-
lars f mortgages incumbrances, dower, or other interest to which the land may
he subject]. And I fiurther declure that there is no person in possession or



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286 TASMANIAN EEAL PBOPEETT ACT— No. 1.

occupation of tlie 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 that [here state the names and addresses of
oumers and occupiers of lands contiguous thereUi] ; 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 the foot
hereto. 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, , Eecorder of Titles [or Commissioner of

the Supreme Court]. 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 Eeal Property Act." Dated at , this

day of , 18 . A.B. Witness to signature — CD.

B.

Caveat Forbidding Lands to he Brought under
The Beat 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 Seal Property
Act," do hereby forbid the bringing of the said land under the provisions
of the said Act. Dated this day of 18 . Signed in my

presence this day of . To the Becorder of Ti&es of the

Colony of Tasmania. And I appoint as the place at which notices

relating hereto may be served.



[Boyal Arms.]
Certificate of Title.

A.B., of [here insert description, and, if certificate he issued pursuant to
any transfer, reference to memorandum of transfer], is now seized of an estate
[here state whether in fee-simple or for life], suDJect nevertheless to such
encumbrances, liens, and interests as are notified by memorial underwritten
or indorsed hereon, in that piece of land situated in the [county, hundred,
or township] of [here insert student description to identify the

land, referring to map or diagram], which said piece of land is [or is pari of]
the [country section or town allotment] marked delineated in the

public map of the said [county, hundred, or township] deposited in the office
of the Surveyor- General originally granted the day of

under the hand and seal of , Governor of the said Colony to CD.

In witness whereof I have hereunto signed my name and affixed my seal
this day of Eecorder of Titles {L.8.) Signed,

sealed, and delivered in the presence of the day of

{mte—aee See. 28 qfl8SQ Act.)



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TASMANIAN EBAL PEOPBETT ACT— No. I. 287

D.

Memorandum of Tramfer.

Tasmania.

I, A.B., being registered as the proprietor of an estate {here state
nature of the estate or Mi^drc*/], subject however to such encumbrances, liens,
and interests as are notified by memorandum underwritten or indorsed
hereon, in all that piece of land, situated in the [county, hundred, or town-
ship] of containing {here state area"] be the same a little more or
\e%^\exclusive of roads intersecting the same, if any (here state rights of
way, privileges, or easements, if any, intended te he conveyed; and if the land
to he dealt with contain all that is included in an existiny 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, deposited in the Registry Office), in considera-
tion of the sum of £ paid to me by E.E., 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, 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 aboye named by the said
A.B., in the presence of G.H.

E.

Memorandum of Lease.

Tasmaitia.

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 memorandum underwritten or endorsed
hereon, in that piece of land situated in the [county, hundred, 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 state rights
of way, privileges, or easements, if any, intended to be conveyed.) If the land
to he dealt with contains all that is included 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 apian 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 land 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 cove-
nants, conditions, and restrictions [here set forth all special covenants, if any.]
I, E.F., of {here insert description] do hereoy accept this lease of
the above- described lands, to be held by me as tenant and subject to the con-
ditions, 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 the presence of X.Y.
(Signed) A.B., lessor. E.F., lessee.

F.

Memorandum of Mortgage,
Tasmania.

I., A.B., being registered as proprietor of an estate [here state nature qf
the eitate or interest]^ subject, however, to such encumbrances, liens, and



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288 TASMANIAN EEAL PEOPBBTT ACT— No. 1.

interests as are notified by memoranda underwritten or endorsed hereon, in
that ^iece of land situated in the [county, hundred, 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 he dealt with contains all
that is included in an existing grant or certificate of title, or lease r^er thereto
for descrtpHon 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
mortgage or deposited in the Registry OfficeJ] 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, I 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 £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^. And for the better
securing to the said E.F. the repayment in manner aforesaid of the said
principal sum and interest, 1 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.

G.

Memorandum of Encumbrance for Securing a Sum of Money,

Tasmah^ia.

I, A.B., being registered as proprietor of an estate [here state nature cf
the estate or interesf] subject, however, to such encumbrances, liens, and
interests as are notified by memoranda underwritten or endorsed hereon,
in that piece of land situated in the [county, hundred, or township] 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, in 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 CD. the [sum of money, annuity, or rent charge] hereinafter men-
tioned, 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 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 encum-
brancee by *^The Seal Property Act.*'] And, subject as aforesaid, the sud
CD. shall be entitled to all powers and remedies given to an encumbrancee
by " The Eeal Property Act." In witness whereof, I have hereunto signed
my name this day of in the presence of £.F.



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TASMANIAN EEAL PROPEETT ACT— No. 1. 289

H.

Trcmrfer of Mortgage^ Lease, or Encumbrance to he endorsed on Original
Mortgage, Memoranduum of Encumbrance, or Lease.

I, the within-mentioned CD.* in consideration of £ this day

paid to me by X.T. 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-
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., transferor. Signed by the above-named CD.

in the presence of E.F., the day of Accepted, X.Y.,

transferee.

I.

JPower of Attorney.

Tasmania.

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 memoranda underwritten or indorsed
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 of title, or land grant, or lease of each parcel], do
hereby appoint CD. 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



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