777
THE
REGISTRAR OF TITLES ACT of 1884
48 Vic. No.4
An Act to provide for the Appointment of a Registrar of Titles, and for
transferring to that officer the duties now performed by the RegistrarGeneral under "The Real Property Act of 1861," "The Real Property
Act of 1877," and the Acts relating to the Registration of Deeds,
and for other purposes
[Assented to 8 August 1884]
Preamble. Whereas by "The Real Property Act of 1861," and
"The Real Property Act of 1877," and the several Acts relating to the
Registration of Deeds, that is to say,-An Act of the Governor and
Legislative Council of New South Wales, passed in the seventh year of
Her Majesty's .-eign, entitled "An Act to Consolidate and Amend the
Laws relating to the Registration of Deeds and other instruments in that
part of the Colony of New South Wales not comprehending the District
of Port Phillip," and an Act of the Parliament of New South Wales,
passed in the twentieth year of Her Majesty's reign, entitled "An Act
for Transferring to the Registrar-General the Duties of the Chief Clerk
of the Supreme Court as Registrar of Deeds and other instruments,"
and divers other Acts, certain duties are required to be performed and
executed by the Registrar-General or his Deputies, and it is expedient
that such duties should hereafter be performed and executed in the
manner and by the persons hereinafter declared and provided:
1. Registrar of Titles may be appointed. The Governor in Council may
from time to time appoint a fit and proper person to be Registrar of Titles.
2. Duties of Registrar-General under Real Property Act and Acts relating
to Registration of Deeds to be transferred to Registrar of Titles. From
and after the appointment of a Registrar of Titles all the duties, powers,
and authorities which by the said recited Acts, or any of them, or any
other Act relating to the registration of deeds or other instruments, are
imposed or conferred upon or vested in the Registrar-General, shall be
transferred to, and imposed and conferred upon, and vested in, the
Registrar of Titles.
The Registrar-General shall deliver up, and the Registrar of Titles
shall take and retain the custody of, all deeds, instruments, registers,
records, books, documents, and writings which under the said Acts, or
any of them, are in the custody of the Registrar-GeneraL
The Registrar of Titles shall and may take and receive the same fees
for performing the said duties as may now by law be taken by the
Registrar-General for performing the same.
Acts referred to:
Real Property Acts, 1861 to 1963, p. 633, aille.
Real Property Act of 1877, p. 737, ante.
As to the Registrar General and the duties imposed on him by those Acts,
see Registration of Deeds Act of 1843, ss. 3, 4, 6, p. 779, post; Registration of
Deeds Act of 1857, p. 792, post; Real Property Acts, 1861 to 1963, ss. 4-6, p. 637,
ante.
As to Local Deputy Registrars of Titles in the Central and Northern Districts,
see Real Property (Local Registries) Act of 1887, p. 773, ante.
778
REAL PROPERTY
'Vol. 14
3. Deputies may be appointed. The Governor III Council may appoint
one or more persons to be Deputy Registrar or Registrars of Titles,
whose acts with respect to the duties aforesaid 'shall have the same
force and effect as if done by the Registrar of Titles.
4. Real Property Acts and Acts relating to Registration of Deeds to be
read as if "Registrar of Titles" were substituted for "Registrar-General"
in them. From and after the appointment of a Registrar of Titles, the
said recited Acts and all other Acts relating to the registration of deeds
or other instruments in the office of the Registrar-General shall, so far as
relates to anything to be thereafter done by, under, or with regard to
the said Acts, or any of them, be read and construed as if the words
"Registrar of Titles" were used therein, instead of the words "RegistrarGeneral" whenever the said last-mentioned words are used therein, and
as if the words "Office of the Registrar of Titles" were used instead of
the words "Office of the Registrar-General," "General Registry Office,"
"Office of the Registry of Deeds," or other like words, whenever those
words or any of them are used therein with respect to any purpose connected with the registration of deeds or other instruments.
5. Registrar of Titles to have seal of office. The Registrar of Titles
shall have and use a seal of office, bearing the impression of the Royal
Arms of the United Kingdom, and having inscribed in the margin thereof
the words "Registrar of Titles, Queensland," and the imprint of such
seal shall be valid, whether impressed or made in wax, ink, or other
substance.
See Real Property Acts, 1861 to 1963,
S5.
7, 122, pp. 637, 714,
(IIIte.
6. Office copies of transcripts of deeds registered in New South Wales
to be admissible in evidence. And whereas at or before the establishment
of the Colony of Queensland certain transcripts of deeds or instruments,
and transcripts of memorials of deeds or instruments, affecting land
within the territory comprised in the said colony, which had theretofore
been deposited for registration in the office of the Registrar-General
at Sydney, were transmitted to, and are now recorded in, the office of
the Registrar-General of Queensland, and it is expedient that office copies
of such transcripts of deeds and memorials should be received in evidence:
Be it enacted as follows:In all proceedings before any court of justice an office copy of any
such transcript shall be received and taken as evidence of the contents of
the deed or instrument of which it purports to be a transcript, or of the
contents of the deed or instrument of the memorial whereof it purports
to be a transcript, as the case may be: Provided always that the party
producing the same shall before producing it give reasonable notice in
writing to the other party.
Compare Registration of Deeds Act of 1843, s. 30, p. 790, post; Evidence and
Discovery Acts, 1867 to 1967, title EVIDENCE, Vol. 5, p. 501.
7. Short title. This Act may be cited as "The Registrar of Titles Act
of 1884."