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

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tranBferee so long as the said principal sum or any part thereof shall
remain unpaid interest on the saia sum or on so much thereof as shall for
the time being remain unpaid at the rate of per centum per annum

by equal payments on the day of and on the day

of in every year. Thibdlt that I will insure against fire in the

name of the mortgagee Foijsthly [^here set forth any special eovenantt].
Aim for better securing the payment in manner aforesaid of the said nrin-
cipal sum and interest I hebbbt icosTeAGE to the said mortgagee all my
edtate and interest and all the estate and interest which I am entitled or able
to transfer or dispose of in All that piece of land being [insert if applicable
part of] Crown allotment section [or otherwise according to

the Grown grant"} parish of county [|f the land mortgaged he

part only of the land comprised in the grant or emistinq certificate set 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 A.B.

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

[Eneumbrances referred toI\



THIETBBNTH SCHBDTTLB.
Charge,

VlCTOBIA.

I A.B. [insert addition'] being registered as the proprietor of an estate Sao^ss
[here state nature of the estate'] in All that piece of land being [insert
if applicable part of] Crown allotment section [or otherwise

according to the Orown grant] parish county [tfthe land

charged be part only of the land comprised in the grant or ewistin^ certificate
set forth in links or feet the boundaries and refer to a map] subject to the
encumbrances notified hereunder and desiring to render the said land ayail-
able for the purpose of securing to and for the benefit of CD. [insert
addition] the annuity hereinafter mentioned i3o hbbebt chaboe the said
land for the benefit of the said CD. with an annuity of to be paid

at the times and in the manner following that is to say [here state the times
appointed for the payment of the annuity and the events on which it shall cease
to be payable also any special covenants or powers and any modification of the
powers or remedies given to an annuitant by the Act], And subject as afore-
said the said CD. shall be entitled to all powers and remedies given to an
annuitant by the '* Transfer of Land Statute." Dated the day of

one thousand eight hundred and Signed by the said A.B.

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

[Eneumbrances referred to,]



POtTRTEENTH SCHEDULE.

Column One, — Column Two.

That I will insure against fire in the name of the mortgagee. — ^That I my atf*n
heirs executors administrators or transferees will insure and so long as any
money shall remain secured by this mortgage keep insured against loss or
damage by fire in the name of the mortgagee or his transferees in some
public insurance ofBce to be approyed of by him or them all buildings which
ahall for the time being be erected on the said land and which shall be of a
nature or kind capable of being so insured to the amount either of the



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364 VICTOETAN LAND TRANSFER ACT— No. 1.

prineipal money hereby secured or of tbe full value of such buildings and will
when required deposit with the mortgagee or his transferees the policy of
such insurance and within seven days after each premium shall become
payable the receipt for such premium And that the moneys which shall be
received on account of such insurance shall at his or their option be applied
either in or towards satisfaction of the moneys secured by this mortgage or
in rebuilding or reinstating under the superintendence of his or their
surveyor the buildings destroyed or damaged And that on any breach or
non-observance of this covenant he or they shall be at liberty to effect such
insurance and continue the same for such period as may be deemed fit and
the costs and expenses paid on account thereof shall be a charge upon the
said land and bear interest at the same rate as if principal money overdue.



FIFTEENTH SCHEDULE.

ViCTOEIA.

Ibrm of Transfer of Land under Writ of Fieri Faeiat.
Sec 106 I [insert name'] as the Sheriflf of Victoria [or as the sherifE of the

circuit district or as the person appointed to execute the writ hereinafter
mentioned or otherwise as the case may hel in pursuance of a writ of fieri
facias tested the day of one thousand fight hundred and

and issued out of the Supreme Court in an action wherein is the

, plaintiff and the defendant which said is registered as the

proprietor of an estate [here state nature of the estate] in the land herein-
after described subject to the encumbrances notified hereunder and to
efiectuate the sale made under such writ do herebv in consideration of the
sum of paid to me by E.F. [insert addition] trsmsieT to the said K P.

all the estate and interest of the said in all that piece of

land being [insert if applicable part of ] Crown allotment section

[or otherwise according to the Crown grant] parish county

[if the land transferred he part only of the land comprised in the grcmt or
existing certificate set 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

[Fncumhrances referred to,]

ViCTOBUL.

Jborm of Transfer of Lease Mortgage or Charge under Writ of Fieri Facias.

I [insert name] as the Sheriff of Victoria [or as the sheriff of the
circuit district or as the person appointed to execute the writ hereinafter
mentioned or otherwise as the case may he] in pursuance of a writ of fieri
facias tested the day of one thousand eight hundred and

and issued out of the Supreme Court in an action wherein
is the plaintiff and the defendant which said is registered

,. as the proprietor of a lease [or mortgage or charge as the case may he]
numbered of [or upon] the land hereinafter described subject to

the encumbrances notified hereunder and to effectuate the sale made under
such writ do hereby in consideration of the sum of paid to me by

E.F. [insert addition] transfer to the said E.F. all the estate and interest
of the said as such registered proprietor in all that piece of land

being Crown allotment section [or otherwise according to the



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VICTORIAN LAND TRANSPBB ACT— No. 1. 866

descripiion in the hate mortgage or charge'] parish county

[or describe the land in general terms hy reference to the registered instrument']

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

[Uncumbrances referred to,]

ViCTOMA.

Form of Transfer of Land under Decree or Order of Supreme Court.

1 [^insert name'] in pursuance of a decree or order of the Supreme Court
dated the day of one thousand eight hundred and

and entered in the Eegister Book vol. fol. hereby transfer to B F.

[insert addition] subject to the encumbrances notified hereunder all the
estate and interest of (who is registered as the proprietor of an estate

[here state nature of the estate] in the land hereinafter described) in all that
piece of land being [insert if applicable part of ] Crown allotment section
[or otherwise according to the Crown grant] parish county

[•/ the land transferred be part only of the land comprised in the grant
or existing certificate set 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

[Encumbrances referred to.]

Form of Transfer of Lease Mortgage or Charge under Decree or Order of

Supreme Court,

ViCTOEIA.

I [insert name] in pursuance of a decree or order of the Supreme Court
dated the day of one thousand eight hundred and

and entered in the Eegister Book vol. fol. hereby transfer

to E.F. [insert addition] subject to the encumbrances notified hereunder all
the estate and interest of (who is registered as the proprietor of a

lease [or mortgage or charge as the case may be"] numbered of [or

upon] the land hereinafter described) in all that piece of land being Crown
allotment section [or otherwise according to the description in

the lease mortgage or charge] parish county [or describe the

land in general terms by reference to the registered instrument]. 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

[Encumbrances referred to,]



SIXTEENTH SCHEDULE.

Form of Power of Attorney.

I A.B. [insert addition] do hereby appoint CD. [insert addition] my sm. lis
attorney to sell to any person all or any lands leases mortgages or charges
whether now belonging to me or which shall hereafter belong to me under
or br virtue of the " Transfer of Land Statute " or of which I am now or
ahall hereafter be the proprietor or owner under the said statute Also to
mortgage all or any such lands or leases for any sum at any rate of interest
Also to charge the same with any annuity of any amount ^lso to lease



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866 VICTORIAN LAND TBAN8FBB ACT— No. 1.

all or any such landi at shall be of freehold tennre for any term of yean
not exceeding twenty-ime years in possession at any rent Also to surrender
or obtain or accept the surrender of any lease in which I am or may be
interested Also to exercise and execute all powers which now are or
shall hereafter be Tested in or conferred on me as a lessor mortgagee or
annuitant under the said Statute [or otherwise according to the nattare and
ewtent of the poweri intended to he conferred^ Akd for me and in my name
to sign all such transfers and other instruments and do all such acts matters
and things as may be necessary or expedient for carrying out the powers
hereby giren and for recorering all sums of money that are now or may
become due or owing to me in respect of the premises and for enforcing or
Tarying any contracts coyenants or conditions binding upon any lessee tenant
or occupier of the said lands or upon any other person in respect of the same
and for recoyering and maintaining possession of the said lands and for
protecting the same from waste damage or trespass. Dated this
daj of one thousand eight hundred and . Signed by tiie

said A.B. in the presence of

SEVENTEENTH SCHEDULE.
seo.m Oertifieate ofBegistrar ^e. taking Declaration of Atteeting WUneee.

Appeared before me at , the da^ of one

thousand eight hundred and CD. the attesting witness to tiiis

instrument and declared that he personally knew A.6. the person signing
the same and whose signature the said C.D. attested and that the name
purporting to be the signature of the said A.B. is his own handwriting and
that he was of sound mind and freely and yoluntarily signed such instru-
ment.



EI&HTEENTH SCHEDULE.

Oaveat firhidding Begietration of amy Change in Proprietorehip or ang dealing
with Estate or Interest,
Victoria.
Seo.116 To the Begistrar of Titles. Take notice that I [insert name and

addition'] claim [epeci/g the estate or interest elaimed] in [describe land]
standing in the Eegister Book in the name of And I forbid the

registration of any person as transferee or proprietor of and of any instru-
ment affecting the said estate or interest absolutely [or until after notice of
any intended registration or registered dealing be giyen to me at the addresi
hereinafter mentioned or unless such instrument be expressed to be subject
to my claim as the ease mag re^^ire] I appoint as the place at wbich

notices and proceedings relating to this cayeat may be seryed. Dated this
day of one thousand eight hundred and . Sig:ned

in the presence of



NINETEENTH SCHEDULE.
Begistration Abstract,

VlCTOWii.

[Chpg grant or certificate of title,]
Seo. Ill This registration abstract is issued under the nroyisions of the ''Transfer

of Land Statute " for the piirpose of enabling the proprietor aboye-namfld



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VICTOEIAN LAND TRANSPEE ACT— No. 1.



867



to transfer or otherwise deal with the ahove-described land atanj place
without the limits of the said Colony and will continue in force from the
date hereof until the day of one thousand eight hundred

and or until the same be surrendered to me for cancellation or the

loss destruction or obliteration hereof proved to the satisfaction of the
Commissioner of Titles. Dated this day of one thousand

eight hundred and Begistrar of Titles. (Seal of office.)



TWENTIETH SCHEDULE.
Summons,
In the matter of the ** Transfer of Land Statute." A.B. [insert addition'] SM.ias
is hereby summoned to appear before me at the office of Titles [ William
street Melbourne'] on the day of one thousand

eight hundred and at of the clock in the [fore] noon then

and there to be examined at the instance of CD [insert addition] concerning
and the said A.B. is hereby required to bring with him and produce
at the time and place aforesaid [describe documents] and all other writings
and documents in his custody or power in any wise relating to the premises.
Q-iven under my hand the day of one thousand eight

hundred and Commissioner of Titles.



LAST SCHEDULE.

On making application to bring land under the operation of

the Act ezdusiye of adrertisements : —

When the applicant is the original grantee and no transaction
afEecting the land has been registered ...

When the title is of any other description or when the appli-
cation is to be registered in respect of an estate of
freehold on a transmission and the value exceeds £500
Ditto ditto exceeds £400 and does not exceed £500
Ditto ditto exceeds £800 and does not exceed £400
Ditto ditto exceeds £200 and does not exceed £300
Ditto ditto when the value does not exceed £200
Contribution to Assurance Eund upon first bringing land

under this Act and upon the registration of an estate of freehold

on a transmission : —

In the pound sterling

For every certificate of title

For registering a transfer or a lease mortgage or charge or
transfer thereof or a discharge of a mortgage or charge
wholly or partially or a satisfaction of an annuity or a
surrender of a lease ...

For registering a transfer to persons being trustees of any
Society registered under any Act relating to Friendly
Societies ... ... .•• ... .••

For certificate of title thereon

For registering a transfer by such persons ...

For certificate of title thereon



£ s. d.



5



10


10


10



5
10

5
10



Seei.80a
140







10



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VICTOBIAN hAKD TRANSFEB ACT— ITo. 1.



Whep BUY intfanunent purports to deal witii or affect land
incladed in more tlutn one grant or certificate for each
memorial after tke firat

For registering proprietor of anj freehold estate or interest on
a transmiBBion ... ' ...

Pot erery registration abstract

For cancelling registration abstract ... ••• ..«

For erery cayeat

For withdrawal of careat...

For entry of foredosore ...

For erery search

For eyery general search ...

For eyery map deposited ...

For depositing document declaratory of trusts

For registering recoTery of possession by legal proceedings or
registering the lessor as surrenderee ...

For registering Testing of lease in mortgagee on refusal of
assignees to accept the same ...

For entering notice of marriage or death

For entering notice of writ oiji.fa. or any order of the Supreme
Court or of the Commissioner

For entering satisfaction of any such writ ...

For taking an acknowledgment by a married woman ...

Fer order dispensing with production of any duplicate grant
certificate or instrument

For returning documents of title deposited in support of appli-
cation on withdrawal of application or rejection of title ...

For order for and inspection of any documents permanently
retained

For copy of or extract from any document deposited in support
of an application to bring land under the Act and retained
or from any caveat at per folio of seyenty-two words

For every certified copy first folio of seventy-two words

For every folio or oart of a folio after the first

For every map thereon ...

For taking affidavit or statutory declaration

For commission to a perpetual Commissioner to take acknow-
ledgments ...

For a special commission

For every summons

For examination thereunder

For statement of grounds under Section 135

For entry of an executor or administrator or the Curator or the
assignee of an iudolvent as a transferee or proprietor

For entry of husband as joint proprietor

For entry of survivors or other persons as proprietors in cases of
joint proprietorship ...



£


s.


d.





2





1








1











5








10








5





1











2








5








5








10





10








10








10








10








1








5 9


o


10





5








5











6





6











8





2








1





1











15








2








10








10








10








10






10



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VICTOEIAN LAND TEANSFEE ACT— No. 2. 369



LAND TEANSFEE ACT, 1867— No. 2.

BE IT ENACTED by the Queen's Most Excellent Majestj by and with
the advice and consent of the Legislative Council and Legislative
Ajssembly in this present Parliament assembled and by the authority of the
same as follows : —

L The thirty-third section of the " Transfer of Land Statute *' shall be
and the same is hereby repealed, and in lieu thereof the following shall be
and shall be deemed to have been from the time of the coming into operation
of the said statute and may be cited as the thirty -third section of the said
statute (that is to say) : — "AnoflBcecopy of any order heretofore made The title to
or which shall hereafter be made by the Supreme Court in equity (whether Jj^ae^in
such order shall hereafter be iu the form of an order confirming the order or
master's report or in any other form) confirming a person as the purchaser J^mj mav
of any lana sold in fee-simple under or in pursuance of any decree or .^^^J
order of such court, together vrith an office copy of such decree or
order and such certificate of payment as is hereinafter mentioned may, for
the purpose of bringing land under this Act, be deemed by the Commis-
sioner sufficient evidence of the title of the purchaser to such land, subject
to any estate or interest appearing by the decree or order or order of con-
firmation or subsequently created and registered. Every order of confirma-
tion of a purchase which shall hereafter be made shall be drawn up so as to
refer to a schedule thereto containing the name and addition of the
purchaser, and a description of the land purchased by him ; and the master
m equity is hereby required, after payment and acceptance of all the money
payable in respect of any particular purchase, to give upon any such office
copjr order of confirmation a written certificate that the purchase money and
all mterest in respect thereof payable by any purchaser named in such
certificate for any land therein referred to has been wholly paid. " (Colonial
Bank V. Fie, 107.)

2, The eighty-eighth section of the " Transfer of Land Statute " shall
be and the same is herebv repealed, and in lieu thereof the following shall
be and may be cited as the eighty-eighth section of the said Statute (that is
to say) : — " The mortgagee or annuitant or his transferees, upon default in in ewe of
payment of the principid sum or interest or annuity or any part thereof mortgifree
respectively at the time mentioned in the mortgage or charge, may enter or ummtuit
into possession of the mortgaged or charged land by receiving the rents and SJo posses
profits thereof, and may distrain upon the occupier or tenant of the land Jj^^*^^^'*'
under the power to distrain hereinafter contained, or may bring an action of bring Seou
ejectment to recover the land either before or after entering into the receipt JJJJ^J^
of the rents and profits thereof or making any distress, and either before or in»y fore-
after any sale of such land shall be effected under the power of sale aforesaid, SfrSiemp*-
in the same manner in which he or they might have brought such action if ^^o"
the mortgage money or annuity had been sequred to him or them by an
assurance of the legal estate in the land mortgaged or charged ; and any
mortgagee or his transferees shall be entitled to foreclose the right of the
mortgagor or his transferees to redeem the mortgaged land in manner
hereinafter provided." (N. 68 ; Z. 97 ; Q. 61-60, 61 ; S. 137, 138 ; T. 62-52,
57. See note to 8ec. 138 of 1866 Act,)



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370 VICTORIAJ^ CLAIMS TO DO WEB ACT— No. 3.

LAND TEANSFER (DOWER) ACT, 1869— No. 3.

BE IT ENACTED by the Queen's Most ExceUent Majesty by and with
the advice and consent of the Legislative Council and LegislatiTO
Assembly of Yicforia in this present Parliament assembled and by the
authority of the same as follows : —
Short tiue -^ rpi^jg ^g^ gjj^ lj^ deemed to be part of " The Transfer of Land

Statute " and to be included in the citation thereof by its short title.

2JJJ^ 2. The Commissioner shall within seven days after the passing of thia

lod^ with Act lodge with the Registrar a statement certified as hereinatter mentioned
JJg^^j ^^ containing the names of all persons whose widows or wives are or may
oertiOii out- bocomo entitled, by reason of having been married before the year one
do!Ui?l^ht» thousand eight hundred and thirty-seven, to outstanding rights or contingent
rights to dower out of land in Victoria alienated in fee by Her Majesty
before the secoBd day of October one thousand eight hundred and sixty-two.

iwtif^Mune ^* "^^^ Commissioner shall certify under his hand that to the best of

his remembrance such statement contains an account of all persons whose
widows or wives are entitled to outstanding rights or contingent rights to
statement dowcr out of any such land by the reason aforesaid. Such statement shall
JJSted"*' for t^© period of one month after the passing of this Act be open to the
inspection of any person during the usual hours of business without pay-
ment of any fee. {Moyle v. GMs, 120.)

2J^2^ 4. Any husband married before the year one thousand eight hundred

be supplied and thirty-sevon, the contingent right of whose wife to dower and any

St«Sted* ^'dow or wife married before that year whose right or contingent right to

dower shall not be included in such statement by the husband's name being

mentioned therein, may after seven days and within two months next after

the passing of this Act lodge with the Registrar a statement of the day and

place of his or her marriage; if such statement shall be lodged by a widow

or wife she shall mention therein the husband*s name as well as the day and

place of her marriage.

Be^trw to 5. The Registrar shall forthwith after the expiration of the said period

Utt ^° of two months make out from such statements an alphabetical list of the

names of the husbands named therein.

in5uded*^ ®' ^^ ^^g^* or Contingent right to dower out or in respect of any land

ILtimdii^ in Victoria alienated in fee by Her Majesty before the said second day of

SJtiSt^nSt October one thousand eight hundred and sixty-two, and which i^ter the

to be men- expiration of the said two months shall be brought under the operation of

SmS^-** " The Transfer of Land Statute," or out or in respect of any such land as

J|«^jg®~«» aforesaid which theretofore shall have been brought under the operation or

which shall be then subject to the provisions of the said statute, shall charge

or affect any such land or be recoverable out of or against the same either

at law or in equity by reason alone of the marriage having taken place before

the year one thousand eight hundred and thirty-seven, unless the name of

the husband whose widow or wife can or may claim such right or contingent

right shall be lodged with the Registrar within the time aforesaid, or unless

the owner for the time being died intestate before the first day of July one

thousand eight hundred and sixty-four, leaving a widow whose right to

dower had not been barred, or unless the title to the land shall show

expressly or by necessary inference that the owner for the time being had

been married, in any of which cases such right or contingent right while

outstanding may be mentioned as an encumbrance in the certificate of title :



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VICTOEIAN CLAIMS TO DOWEE ACT— No. 8. 371

ProTided always that nothing contained in this Act shall confer on the



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 63 of 83)