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

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any material document fact or matter of information or wilfully makes any
false statutory declaration required under the authority or made in pur-
suance of this Act or if any person in the course of his examination beiore
the Commissioner wilfully and corruptly gives false evidence or if any
person fraudulently procures assists in fraudulently procuring or is privy
to the fraudulent procurement of any certificate of title or instrument or
of any entry in the Register Book or of any erasure or alteration in any
entry in the Register Book or knowingly misleads or deceives any person
herembefore authorised to require explanation or information in respect
to any land or the title to any land under the operation of this Act or
in respect to which any dealing or transmission is proposed to be regis-
tered such person shall be guilty of a misdemeanour and shall incur a
penalty not exceeding five hundred pounds or may at the discretion of the
court by which he is convicted be imprisoned for any period not exceeding
three years and any certificate of title entry erasure or alteration so pro-
cured or made by iraud shall be void as against all parties or privies to such
fraud. (Fotheringham v. Archer, 10 ; Saunders v. Oabot, 15 ; Pannan v.
Pannan , 16 ; McArtney v. Kesterson, 17 ; Chomley v. Firebrace^ 21 ; Wiggms
app. Hammellresp., 38 ; Oeorge v. Australian Mutual Provident Society, 56;
Siggs and others v. Waterhouse, 58 ; Sail v. Hall, 98 ; Colonial Bank v. Pie,
107 ; Jones v. Jones, 134 ; Finnoran v. Weir, 136 ; Stockdale v. Hamilton,
154 ; Wadham v. Buttle, 155 ; Franklin v. Ind, 156 ; Oullen v. Thompson, 157.
N. 130 ; Z. 200 ; Q. 61-126, 142 ; S. 187, 233 ; T. 62-139.)

154, If any person is guilty of the following offences or any of them Porgerrto
(that is to say):- ^••^•'^"^

(1) Forges or procures to be forged or assists in forging the seal of the
of&ce of titles or the name signature or handwriting of any officer
in cases where such officer is by this Act expressly or impliedly
authorised to affix hii^ signature.

(2) Stamps or procures to be stamped or assists in stamping any docu-

ment with any forged seal purporting to be of the office of titles.

(3) Forges or procures to be forged or assists in forging the name
signature or handwriting of any person whomsoever to any instru-
ment which is by this Act or in pursuance of any power contained
in this Act expressly or impliedly authorised to be signed by such
person. {Oohman and Clark v. JRiria, 46 ; Bailey v. Chrisp, 54 ;
Beg. v. Tideman, 99.)

(4) Uses with an. intention to defraud any person whomsoever any
document upon which any impression or part of the impression of
the seal of the office has been forged knowing the same to have
been forged or any document the signature to which has been
forged knowing the same to have been forged such person shall be
guUty of felony. (N. 132 ; Z. 200, 201 ; S. 229-1 ; T. 62-140.)



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356



VICTOEIAN LAND TBANSPEE ACT— No. 1.



Ptt

of feloDj



CooTiotioD
nottoaffiBct
dTil remedy



Obligstioii
to make
dueoterj
notexeluded



Joriadietiaii



Powen of



onderthe
LaadAet
not extended



155. Any person convicted of felony under this Act shall be liable to
imprisonment for any term not exceeding four years and to be kept to hard
labour or solitary confinement for any part of the period aforesaid. (N. 133 ;
Z. 208 : S. 229-231 ; T. 62-141.)

156. No proceeding or conviction for any act hereby declared to be a
misdemeanour or a felony shall affect any remedy which any person
aggrieved or injured by such act may be entitled to at law or in equity
against the person who has committed such act or against his estate. (N.
131 ; Z. 204 ; S. 240 ; T. 62-142.)

157. Nothing in this Act contained shall entitle any person to refuse
to make a complete discovery by answer to any bill in eqvity or to answer
any question or interrogatory in any civil proceedings in any conrt of law or
equity or insolvency' but no answer to any such bill question or interrogatory
shall be admissible in evidence against such person in any criminal pro-
ceeding.

158. Unless in any case herein otherwise expressly provided all ofEences
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 pro-
visions of the same may be sued for and recovered in the name of the
Attorney-General before any court in Victoria having jurisdiction for
punishment of offences of the like nature or for the recovery of penalties or
sums of money of the like amount. (Be Wm. Biggt^ 59 ; re Chat, WiUiamton,
65 ; re HaH v. Beg%t, 84 ; Rodgton v. Hunter, 112 ; Beg, v. Brice, 162. T.
62-144.)

159. Nothing contained in this Act shall enable any lessee of Iao^^
under any grant to transfer or otherwise deal with such land contrary to^
provisions of " The Amending Land Act 1865.*'



FIRST SCHEDULE.



Seo.8



Date of Act.



25 Yiotoria Ko. 140



27 Victoria No. 180
27 Yictoria No. 210

27 Yiotoria No. 228



TiUe of Act.



" An Act to simplify the laws relating to the transfer and

encumbrance of freehold and other interests in land **

cited as the * Eeal Propeity Act.' "
'< An Act to amend the * Beal Property Act' "
" An Act to allay doubts as to the ralidity of the ' Beal

Property Act •^'
*' An Act to further amend the ' Beal Property Act ' and

for other purposes."



Extent of
Bepeal



The whole.



The whole.
The whole.

The whole
axoQ>t i#e*
tions2324
26.



860.17



SECOND SCHEDULE.
Applieation to bring Land under the operationt of
the " Tranter of Land Statu^^

ViCTOBIA,

To the Begistrar of Titles. I [insert name and additum] hereby applj
to hare the land hereinafter described brought under tiie operation of the
'< Transfer of Land Statute." And I dedar^-



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VIOTOEIAN LAND TEANSEEB ACT— No. 1. 867

1. That I am the owner of an estate in fee simple in possession [or of
an estate of freehold in possession for my life or othermse as the
ease may require'] in All tha.t piece of land being [insert if applicable part
of] Crown allotment section [or otherwise according to the
Grown grant] parish county [tfthe land he part only of that
granted add which land contains (insert area) or thereabouts and is described
m the document numbered in the Schedule hereto or otherwise after
the word thereabouts set forth a sufficient description to identify the land,]

2. That such land including all buildings and other improyements
thereon is of the value of pounds and no more.

3. That there are no documents or eyidences of title affecting such land
in my possession or under my control other than those included in the
Schedule hereto.

4. That I am not aware of any mortgage or encumbrance affecting the
said land or that any other person hath any estate or interest therein at law
or in equity in possession remainder reyersion or expectancy [if there be amf
add other than as follows and set the same forth],

5. That the said land is occupied [if imoecupied prefix un to
occupied if occupied add by whom and state the name and addition of the occupant
and the nature of his occupancy],

6. That the names and addresses so far as known to me of the occupants
of all lands contiguous to the said land are as follows —

7. That the names addresses so far as known to me of the owners of all
lands coifctiguous to the said land are as follows — [If the certificate
of title is not to issue to the applicant add] And I direct the certificate of title
to be issued in the name of [insert name and addition]. Dated this

day of one thousand eight hundred and Made and subscribed

at in the presence of [The applicant if within the Colomf to

sign before the Begistrar or an Assistant-Begistrar or a Notary Fubiic Justice
of the Peace Commissioner for taking affidavits or perpetual ^Commissioner ; if
abroad before a Notary public or a Commissioner for taking affidavits in the
Supreme Court,] [Schedule of documents referred to,]



THIRD SCHEDULE.

[Boyal Arms.]

Eegister Book Vol. Pol.
Certificate of Title under " Land Transfer Statute:'

ViCTOELA..

[Insert name and addition] is now the proprietor of an estate in fee seos.2ift34
simple [if not in fee simple state the nature of the estate and tf the property be
leasehold say of a leasehold estate for years from the day of

one thousand eight hundred and ] subject to the encumbrances

notified hereunder in All that piece of land delineated and coloured
on the map in the margin containing [insert[ar€a] or thereabouts

being [insert if applicable part of] Crown allotment section

EOT otherwise according to the Crown grant] parish county

If the grant was Jor any public purpose shortly mention it]. Dated the
day of one thousand eight hundred and (Seal of

ofiice.) Segistrar of Titles.

[JShtoumbrances referred to.]



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858 VICTORIAN LAND TBANSPEB ACT— No. 1.

POUETH SCHEDULE.
Caveat forbidding Land to be brought under the " Trantfer of Land Statute.'''

ViCTOBIA.

Bee. 22 To the Eegistrar of Titles. Take Notice that I \insert name

and addition'] claim [particularise the estate or interest claimed] in the land
described as [coptf description from the advertisement] in the advertisement
relating to the application of [^state applicant's name and €uldition] and I
forbid the bringing of such land under the operation of the " Transfer of
Land Statute.'* I appoint as the place at which notices and pro-

ceedings relating hereto may be served. Dated this day of

one thousand eight hundred and Signed in the presence of

FIFTH SCHEDULE.
!Dransfer of Land,

VlCTOBIA.

See. 68 I [insert name and {iddition] being registered as the proprietor of an

estate in fee simple [if not in lee simple state the nature of the estate and if the
property be leasehold say of a leasehold estate for years from the

day of one thousand eight hundred and ] in the

land hereinafter described [if the transfer be by a mortgagee or annuitant
under his power of sale say being the proprietor of a mortgage (or chai^ as
the case may be) from CD. registered the day of one

thousand eight hundred and numbered upon the land

hereafter described] subject to the encumbrances notified hereunder in
consideration of the sum of paid to me by E.F. [^insert aMition'] Do

HEitEBT TBAN8FES to the Said E.F. all my estate and interest in [^the
transfer be by a mortgagee or annuitant under his power of sale say all the estate
and interest of the said CD. on the said day of one

thousand eight hundred and or which he was then entitled or able

to transfer or dispose of in] Alt. THiiT piece of land being [insert if applic-
able part of] Crown allotment section [or otherwise
according to the Oroum grant] parish county [if the traneferred
land be part only of the land comprised in the grant or existing certificate sH
forth in links or feet the boundaries and refer to a map]. Dated the
day of one thousand eight hundred and Signed by the said
in the presence of Signed by the said E.F. in the presence of
{See note to Sec. 46 of 1885 Act,)
[Eneumhrances referred toJ\

Transfer qfa Lease Mortgage or Charge.

ViCTOBIA.



[o;
th(



I [insert name and addition] being registered as the proprietor of a le

or mortgage or char^ as the case may be] numbered of (or upon)

^e land hereinafter described subject to the encumbrances notified here-
under in consideration of the sum of paid to me by CD. [isieert
addition] Do hebebt teakbpeb to the said CD. all my estate and interest
as such registered proprietor in All that piece of land being Crown
allotment section lor otherwise aoeording to the description im



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VICTOEIAN LAND TEANSFBR ACT— No. 1. 359

ihe lease mortgage or charge'] parisli county \or describe the

land in general terms by reference to the registered instrument,'] Dated the
daj of one thousand eight hundred and Signed by

the said in the presence of . Signed by the said CD. in

the presence of [Enctmbrances referred to,]

Transfer of Land or of a Lease Mortgage or Oharge by Endorsement,
I the within-named [insert name] in consideration of the sum of ^
paid to me by Q-.H. \msert addition] hereby transfer to the said Q-.H. the
within-mentioned hind [or lease or mortgage or charge as the case may be]
subject however to the encumbrances notified or endorsed on the within
grant \or certificate or in the Eegister Book]. Dated the day of

one thousand eight hundred and . Signed by the said

in the presence of Signed by the said G-.H. in the

presence of

SIXTH SCHEDULE.



I certify that the within-named B.B. came the day of

one thousand eight hundred and before me at \state place] and Beo. ei

acknowledged apart from any person that the within document (which I did
not prepare and under which I am not interested) was understood by her
and that she signed it without coercion.



SEVENTH SCHEDULE.
Creation of Right of Carriage-way in a Transfer of Freehold Land,
Together with full and free right and liberty to and for the transferee here- Seo. 64
under and to and for the registered proprietor or proprietors for the time
being of the land hereby transferred or any part thereof and his her and
their tenants servants agents workmen and visitors to go pass and repass at
all times hereafter and for all purposes and either with or without horses or
other animals carts or other carriages into and out of and from the said
land or any part thereof through over and along the road or way or several
roads or ways delineated and coloured brown on the said map.

Creation of Right of Carriage-way in a Lease of Freehold Land.
Together with full and free right and liberty to and for the said lessee and
bis transferees proprietors tor the time being of the land hereby leased or
any part thereof and his her and their tenants servants agents workmen and
visitors to go pass and repass at all times hereafter during the continuance
of this lease and for all purposes and either with or without horses or other
animals carts or other carriages into and out of and from the said land or
any part thereof through over and along the road or way or several roads or
ways delineated and coloured brown on the said map.



EiaHTH SCHEDULE.

In the Supreme Court of Victoria in its Ecclesiastical Jurisdiction, seos.orftes
The day of a.d. 18 Upon reading the affidavit of

it is ordered that the freehold land of which A.B. of <&c. was the
proprietor at the time of his death shall be dealt with as if it had been held
for a term of years and that CD. of &c. [or the Curator of the estates of
deceased persons] shall be administrator thereof. By the Court.



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Beo.e7
ProTiflo



860 TTCTOEIAN LAND TBANSPEB ACT— No. 1.

NINTH SCHEDULE.



Date of Act.



22 and 23 Charles II., c. 10
29 Charles II. c. 3...
1 James II. c. 17 ...



Title of Act.



** An Act for the better settling of Intestate Estates."
" An Act for Prevention of Frauds and Perjuries."
"An Act for Beyiving and Continuance of sereral Acts of
Parliament therein mentioned."



TENTH SCHEDULE.
Lease,

ViCTOBIA.

Seo. 76 A.B [insert addition] (hereinafter called the lessor) and who is redsteied

as the proprietor of an estate \here state nature of the estate^ in the land
hereinafter described subject to the encumbrances notified hereunder
HEBEBT LEASES to CD. [insert addition"] (hereinafter called the lessee) An
THAT piece of land being [insert if applicable part of] Crown aHotmeut
section [or otherwise aeeording to the Oroton grant] parish countj

[if the land leased he part only of the land comprised in the grand or
existing certificate set forth in links or feet the boundaries and refer to a map]
To BE HELD by the lessee for the term of years from the

day of one thousand eight hundred and at the clear yearly

rent of payable [here insert terms of payment] subject to tlie

covenants and powers implied under the "Transfer of Land Statute"
(unless hereby negatived or modified) and also to the covenants and
conditions hereinafter contained [here set forth any special ones^.

The following covenants by the lessee are to be construed according to
the seventy-eighth section of the " Transfer of Land Statute : " — The leasee
will not transfer or sublet. The lessee will fence. The lessee will cultivate.
The lessee will not cut timber. The lessee will insure against fire in the
name of the lessor. The lessee will paint outside every third year. The
lessee will paint and paper inside every fourth year. The lessee will not use
the premises as a shop. The lessee will not carry on any offensive trade. The
lessee will carry on the business of a publican and conduct the same in an
orderly manner. The lessee will apply for reoewal of licence. The lessee
will facilitate the transfer of licence. Dated the day of

One thousand eight hundred and Signed by the said lessor in the

presence of Signed by the said lessee in the presence of

[^Incumbrances referred to,]



ELEVENTH SCHEDULE.

Column One, — Column Two.

Sec. 78 1. one lessc't unll not transfer or sublet, — 1. The lessee his executors

administrators or transferees wiU not during the said term transfer assign
or sublet the premises hereby leased or any part thereof or otherwise by any
act or deed procure the said premises or any part thereof to be transferred
or sublet without the consent in writing of the lessor or his transferees first
had and obtained.



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VICTOEIAN LAND TRAN8FEE ACT— No. I. 861

2. The lessee will fence. — 2. The lessee his executors admiBistrators or
transferees will during the continuance of the said term erect and put up on
the boundaries of the said land or on those boundaries upon which no sub-
stantial fence now exists a good and substantial fence.

3. The lessee will euliivate, — 3. The lessee his executors administrators
or transferees will at all times during the said term cultivate use and manage
in a proper and husbandlike manner all such parts of the land as are now or
shall hereafter with the consent in writing oi the said lessor or his trans-
ferees be broken up or converted into tillage and will not impoverish or
waste the same.

4. The lessee will not cut timber, — 1. The lessee his executors adminis-
trators or transferees will not cut down fell injure or destroy any growing or
living timber or timber-like tree standing and being upon the said land
without the consent in writing of the said lessor or his ti^nsferees.

5. The lessee will insure against ilre in the name of the lessor, — 6. The
lessee his executors administrators or transferees will insure and during the
said term keep insured against loss or damage by fire in the name of the
lessor or his transferees in some public insurance office approved of by
him or them to the amount of their full value all buildings which shall for
the time being be erected on the said land aud which shall be of a nature or
kind capable of being insured against damage by fire and will when required
deposit with the lessor or his transferees the policy of such insurance and
within seven days after each premium shall become payable the receipt of
such premium and on any breach or non-observance of this covenant the
lessor or his transferees may without prejudice to and concurrently with the
powers granted to him and them by this lease and by the "Transfer of Land
Statute insure such buildings and the costs of effecting such insurance
shall during the said term be a charge upon the said land All .moneys
which shall be received under or by virtue of any such insurance shall be
laid out and expended in making good the loss or damage.

6. The lessee mil paint outside eoery third year, — 6. The lessee his
executors administrators or transferees will in every third year during the
continuance of the said term paint all the outside woodwork and ironwork
belonging to the leased property with two coats of proper oil colours in a
workmanlike manner.

7. The lessee will paint and paper inside every fou/rth year, — 7. The lessee
his executors administrators or transferees will in every fourth year during
the continuance of the said term paint the inside wood iron and other work
now or usually painted with two coats of proper oil colours in a workman-
like manner and also repaper with paper of the same quality as at present
such parts of the said premises as are now papered and also whiten or
colour such parts of the said premises as are now whitened or coloured
respectively.

8. The lessee mil not use the premises as a shop, — 8. The lessee his
executors administrators or transferees will not convert use or occupy the
said premises 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 other-
wise than as a private dwelling-house without the consent in writing of the
said lessor or his transferees.



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862 VICTOBIAN LAND TEANSPBE ACT— No. 1.

9. The lessee will not eariy an any offensive trade. — ^9. The lessee his
executors administrators or transferees will not at any time during the said
term use exercise or carry on or permit or suffer to be used exercised ur
carried on in or upon the said premises or any part thereof any noxious
noisome or offensiye art trade business occupation or calling and no act
matter or thing whatsoeyer shall at any time during the said term be done
in or 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 properties.

10. The lessee mil carry on the business ofpubUean and conduct the same
in an orderly manner, — 10. The lessee his executors administrators or trans-
ferees will at all times during the continuance of the said term use exercise
and carry on in and upon the premises the trade or business of a licensed
Tictualler or publican and seller of fermented and spirituous liquors and
keep open and use the house inn and buildings standing and being upon the
land as and for an inn or public-house for the reception accommodation and
entertainment of travellers guests and other persons resorting thereto or
frequenting the same and manage or conduct such trade or business in a
quiet and orderly manner and will not do or commit or sulPer to be done or
committed any act mstter or thing whatsoever whereby or by means whereof
any licence shall be allowed to expire or to become void or shall or may be
liable to be forfeited suspended tasen away or refused.

11. The lessee will apply for renewal of licence, — 11. The lessee his
executors administrators or taransferees will from time to time during the
continuance of the said term at the proper times for that purpose apply for
and endeavour to obtain such licence or licences as is or are or may be
necessary for carrying on the said trade or business of a licensed victujuler
or publican in and upon the said premises and keeping the said house or inn
open as and for an inn or public-house as aforesaid.

12. The lessee will facilitate the transfer of licence. — 12. The lessee hit
executors administrators or transferees will at the expiration or other sooner
determination of the said term sign and give such notice or notices and
allow such notice or notices of a transfer or renewal of any licence as may
be required by law to be affixed to the said house or inn to be thereto affixed
and remain so afBxed during such time or times as shall be necessary or
expedient in that behalf and generally will do and perform all such acts
matters and things as shall be necessary to enable the said lessor or his
transferees or any person authorised by him or them to obtain the transfer
of any licence then existing and in force or the r^iewal of any licence or
any new licence.

TWELFTH SCHEDULE.
Mortyaye,
Victoria.
Sm. 88 I A.B. [insert addition'] being registered as the proprietor of an estate

[here state nature oj the estate'] in the land hereinafter described subject to
the encumbrances notified hereunder in consideration of the sum of
this day lent to me by CD. [insert addition] (hereinafter called the mortgagee)
do hereby covenant with the said mortgagee Fibstlt to pay to the said
mortgagee or his transferee the principsd sum of pounds on the

day of SiegoKDLT to pay to the said mortgagee or his



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VTCTOMAN LAND THANSFEE ACT— No. 1. 363



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 62 of 83)