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A HANDY BOOK ON TUB Seal |P rujjfrtj %d OF SOUTH AUSTRALIA, CONTAINING A SUCCINCT ACCOUNT OF THAT MEASURE, COMP1LK1) FROM AUT1IBNTIO DOtiUMKNTS, WITH FULL INFORMATION AND EXAMPLES 70U THE GUIDANCE OF PERSONS DEALING; ALSO, AN INDEX TO TnE ACT. By ROBERT R. TORRENS, REtilftTRAH-GENBItAL. ADELAIDE: PRINTED AT THE ADVERTISER AND CUP' Git EN FELL-STREET. A HANDY BOOK ON TAB Seri ftopertg %& OF SOUTH AUSTRALIA, CONTAINING A SUCCINCT ACCOUNT OF THAT MEASURE, COMPILED FROM AUTHENTIC DOCUMENTS, % WITH FULL INFORMATION AND EXAMPLES FOE THE GUIDANCE OF PERSONS DEALING; ALSO. AN INDEX TO ME ACT. By ROBERT 11. TORRENS, REGISTRAR'GENERAL. ADELAIDE: PRINTED AT THE ADVERTISER AND CUP' GJtENFRLL-SIREET. TABLE OF CONTENTS. Uoncral Outline doscriptivo of tlio system, from “The South Australian Handbook” ... ............... 5 Instructions to Officer? of the Lands Titles Department, with Examples from the various Official Books, illustrating tho mode in which the business is transacted ............................................................... 12 Information for the Guidance of Persons bringing.Land under the Provisions of tho Act ... ... ... 32 Information for tho Guidance of Persons desiring to Transfer, Lease, Mortgage, Encumber, or otherwise deal with Land under the Provisions of the Act ... 38 Index to the Act ............... ••• ••• ••• 63 8 2 THE REAL PROPERTY ACT. [FROM THE “SOUTH AUSTRALIAN HANDBOOK.”J Tho system under which “Land” is transferred, charged, and otherwise doalt with in South Australia, claims attention os well by its intrinsic importance as bocause of the interest which the question is now exciting both in the mother country and tho colonies. Unfortunatoly tho first settlers brought out with them tho English low and practice of conveyancing, with all its fictions, complications, and circuities, devised of old for evading the tyrannical exactions imposed under feudal tenures. This law and practice, applied to the clear titles and free tenures by Crown grant which obtained in the colony, induced upon them in the short space of twenty years the same involvements, uncertainties, and expenses which burden titles in the mother country. In a colony of yeomen, proprietors of the soil they cultivate, and whore land, instead of being monopolised by tho wealthy, is the ordinary possession of tho masses, this was felt to be intolerable, and, accordingly, in the year 1856, a project for assimilating the mode of dealing with property in land to that which regulates dealings in shipping and stock was devised. This project became law in July, 1858. It has since been matured and tested by the experience of nearly four years, and has been found effectual for every requirement. It needs but that the caso be plainly stated in order to bring conviction to every mind that the evils to which landowners are subjected under tho old law have a common origin in the retrospective and dependant character of titles. Such a title is a chain no stronger than its weakest link, and each transaction, by adding a fresh link, increases at b 3 23 6 once the complexity and the risk that some informality or error may invalidate the entiro chain. Tho ancestral lino of parchments must bo perused by the gentlemen of the long robe, and a fresh geneological tree, under the name of an abstract, drawn at full length rom tho root to the last leaf of its parchment foliage every timo that a now title link is born into tho family. This evil is cumulative, and as tho services of gentlemen specially educated for the peculiar intricacies of this work are indispensible, its cost is proportionately great. From this it follows, that any system to be effective for tho reform of the law of Beal Property, must com­ mence by removing the past accumulations, and then establish a method under which future dealings will not induce fresh accumulations. This is effectuated in South Australia by substituting u Title by Bcgistration ” for “ Title by Deed,” and applying tho “ Stock-book system” to dealings in real property. All lands alienated from the Crown subsequent to this Act arc declared to be under its provisions. The earlier titles are brought under its provisions upon the voluntary application of the proprietors, who together with their applications are required to deposit the deeds and other evidences of ownership. These are referred for examination to two conveyancing solicitors, specially retained by the Crown, who are prohibited from professional practice. The solicitors are required to report indepondantly of each other upon every title, and these reports are submitted to a Board styled “ The Lands Titles Commissioners,” whose province it is, under advice of the solicitors, to reject applications altogether, or to determine to wliat extent, and during what length of time, the claim of the applicant to be recognized aB owner of tho freehold shall bo notified and advertised. Notices, with plans of the land which is the subject of application, are served through the post upon tho persons in possession, and upon the occupiers and proprietors of contiguous lands, and are also exhibited in the offices of tho District Corporations and Councils, at tho 7 Local Courts, General Post Office, Supreme Court, and other public places. Theso claims are also advertised three times at least in daily and weekly papers. The period to elapse after advertisement may be varied at the discretion of tho Commissioners from one month to two years, but is usually two months. If, within the period so limited, any adverse claim is lodged, the case is referred for decision to the Supreme Court; and the land cannot be brought under the A.ct until final judgment be had, or the adverse claim is withdrawn. Where no question is raised within the period limited, the land is brought under the Act, and a certificate issued to the applicant, vesting him with title indefeasible in tho fee simple, or as tenant for life as tho case may be. In the case of tenants for life, the persons entitled in reversion and remainder must join in tho application, and their rights aro notified ou tho certificate of title granted to tho tenant for life in possession. All grants from the Crown, and certificates of title representing the freehold, are issued in duplicate. One original is delivered to the proprietor, the other is bound up in " Tjie Rkoistkr Book." Each grant or certificate constitutes a separate fo'ium of this book, on which are recorded memorials of all lesser estates, interests, or dealings, existing at the time or subsequently created; until the ownership of the freehold is changed by transfer, insolvency, will, or intestacy. Tho duplicate grant or certificate in the hands of tho proprietor bears the same memorials, and upon change of ownership through any of the above events it must bo delivered up to be cancelled. The duplicate in the Register is at the same time cancelled, and a fresh certificate is executed to tho new proprietor, constituting a fresh folium of the Register, on which are brought forward the memorials of all lesser estates or interests, leases, or charges, then remaining current affecting the land. Transfers, leases, charges, whether of tho fee or free­ hold, or of any less estate or interest, arc created by entering memorial of the transaction on the folium of the 25 8 Register constituted by the grant or certificate of the land which is the subject of the dealing. Simple forms with instructions and examples for tho guidance of persons dealing, and adapted to each des­ cription of transaction, are supplied at the Registry Office. These, when filled up, must be executed in duplicate, witnessed, and the identity of the parties proved before a Justice of the Peace, or certified to the satisfaction of tho Registrar by a Solicitor or Licensed Broker. Upon memorial of any instrument so executed and attested being entered in tho Register, a certificate of tho day and hour when such entry was made, stating tho volume and folium of the Register where it may be found is endorsed, both upon the original and duplicate, under the hand and seal of the Registrar. All instruments thus registered are numbered in consecutive series, one original is delivered to the proprietor, tho other is filed in the Registry strong room. Instruments when executed are merely personal contracts betweon tho parties, upon which action for damages may be raised, but they do not bind the land. The entry on the folium of tho Register alone passes the property, creates the charge or lesser estate, discharges, or transfers it. The certificates of registration, endorsed on instruments, render them conclusive evidence in all courts of law or equity, unless fraud bo proved. Upon transfer of tho freehold in part only of tho land included in a grant or certificate, that grant or certificate is surrendered, cancelled, and fresh certificates issued, tho one to the proprietor, for the portion retained, the other to the transferee, for the portion transferred. Transfers of leases and charges, surrenders of leases, and acquittances of charges, are endorsed on tho original instruments, which, in the two last-named cases, must bo surrendered to the Registrar to be cancelled. Under this method no accumulation of instruments (the fatal objection against all other systems of registra­ tion) can tako place, as each estate or interest is represented so long as it exists by one instrument only. Each pro- 26 9 prietor, whatever may bo bis estate or interest, holds in his own custody one ordinal of tho instrument which affords conclusive evidence of his title in all courts of law and equity. The other original is bound up in the register, or deposited in the registry strong room, available for all purposes in the event of loss or destruction of the first, an arrangement which likewise affords something like guarantee against injury through tho fraudulent alteration of instruments in the hands of interested parties.

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