Warning
“Queensland Statute Reprints”
QUT Digital Collections
This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).
This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.
©State of Queensland
QUEENSLAND
THE REGISTRAR OF TITLES ACT
of1884
48 Vic. No.4
[Reprinted as at 1 July, 1981]
An Act to provide for the Appointment of a Registrar of Titles, and for transferring to that officer the duties now performed by the Registrar- General 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 reign, entitled "An Act to ·Consolidate and Amend the La\VS 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 b<! performed and executed in the manner and by the persons hereinafter . declared and provided: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament As~embled, and by the authority of the same, as. follows:-
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 rebiting 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
2 ss. 3-6 THE REGISTRAR OF TITLES ACT OF 1884
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.
3. Deputies may be appointed. The Governor in 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 "Registrar- General" 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 con- nected with the registration of deeds or other instruments.
5. Registrar of Titles to have seal of office. The Registrar ofTitles 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.
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:-
THE REGISTRAR OF TITLES ACT OF 1884 s. 7 3
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.
7. Short title. This Act may be cited as The Registrar of Titles Act of 1884.
85519-.-By Authority: S. R. HAMPSON, Government Printer, Queensland-1981