Be It Therefore Enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows: —

4. In the construction and for the purposes of this Act

Interpretation of certain terms.

and in all instruments purporting to be made or executed thereunder (if not inconsistent with the contest and page 48 subject-matter) the following forms shall have the respective meanings hereinafter assigned to them that is to say—

The word "land" shall estend to and include messuages tenements and hereditaments in or concerning realty corporeal and incorporeal of every kind and description whatever may be the estate or interest therein together with all paths passages ways waters watercourses liberties easements and privileges thereunto appertaining plantations gardens mines minerals and quarries and all trees and timber thereon or thereunder lying or being unless the same are specially excepted.

"Grant" shall mean the Crown grant of any land by the Crown.

"Proprietor" shall mean any person seized or possessed of any freehold or other estate or interest in land at law or in equity in possession in futurity or expectancy.

"Transfer" shall mean the passing of any estate or interest in land under this Act whether for valuable consideration or otherwise.

"Transmission" shall mean the acquirement of title to or interest in land consequent on the death will intestacy bankruptcy insolvency or marriage of a proprietor.

"Mortgage" shall mean any charge on land created merely for securing a debt.

"Mortgagor" shall mean the proprietor of land or of any estate or interest in land pledged as security for a debt.

"Mortgagee" shall mean the proprietor of a mortgage.

"Encumbrance" shall mean any charge on land created for the purpose of securing the payment of any annuity or sum of money other than a debt.

"Encumbrancer" shall mean the proprietor of any land or of any estate or interest in land charged with any annuity or sum of money other than a debt.

"Encumbrancee" shall mean the proprietor of an encumbrance.

"Luuatic" shall mean any person who shall have been found to be a lunatic upon inquiry by the Supreme Court or by any Judge thereof or upon a Commission of Inquiry issuing out of the Supreme Court is the nature of a writ de lunatico inquirendo.

"Persons of unsound mind" shall mean any person not an infant who not having been found to be a lunatic shall be incapable from infirmity of mind to manage his own affaire.

"Consular officer" shall include Consul-General Consul and Vice-Consul and any person for the page 49 tune being discharging the duties of Consul-Geueral Consul or Vice-Consul.

"Instrument" shall mean and include any grant certificate of title conveyance assurance deed map plan will probate or exemplification of will or any other document in writing relating to the transfer or other dealing with land or evidencing title thereto.

"Sworn Valuator" shall mean and include any person appointed by the Governor to value land under this Act.

The describing any person as proprietor transferror transferree mortgagor mortgagee encumbrancer encumbracee lessor or lessee or as trustee or as seized of having or taking any estate in any land shall be deemed to include the heirs executors administrators and assigns of such person.

And generally whenever a form in the Schedule hereto is directed to be used such direction shall apply equally to any form to the like effect signed by a District Land Registrar or stamped with his seal or which for the same purpose may be authorized in conformity with the provisions of this Act and any variation from such forms not being in matter of substance shall not affect their validity or regularity but they may be used with such alterations as the character of the parties or circumstances of the case may render necessary.

Persons appointed To bold office during pleasure.

14. All persons appointed to any office under this Act shall hold office during pleasure and may be removed or suspended by the Governor They shall be paid such salary or other remuneration as shall he fixed by the General Assembly or until such salary or remuneration shall be so fixed they shall be paid out of any moneys for the time being applicable to the purpose such salary or page 51 remuneration as the Governor may from time to time appoint.

(1.) He may require the proprietor or other person

To inspect document.

making application to have any land in his district page 52 brought under the provisions of this Act or the proprietor or mortgagee or other person interested in any land in his district and under the provisions of this Act in respect of which any transfer lease mortgage encumbrance or other dealing or any release from any mortgage or encumbrance is about to be transacted or in respect of which any trans. mission is about to be registered or registration abstract granted under this Act to produce any grant certificate of title conveyance deed mortgage lease will or other instrument in his possession or within his control affecting such land or the title thereto.

(2.) He may summon any such proprietor mortgagee or other person as aforesaid to appear and give any explanation respecting such land or the instruments affecting the title thereto and if upon requisition in writing made by a District Land Registrar such proprietor mortgagee or other person refuses or neglects to produce any such instrument or to allow the same to be inspected or refuses or neglects to give any explanation which he is hereinbefore required to give he shall forfeit and pay a sum not exceeding twenty pounds and such District Land Registrar if the instrument or information so withheld appears to him material shall not be bound to proceed with the bringing of such land under the provisions of this Act or with the registration of such transfer or other dealing or with the issuing of such registration abstract as the case may be.

(3.) He may administer oaths or may take a statutory declaration in lieu of administering an oath.

(4.) He may upon such evidence as shall appear to him and the Examiner of Titles for his district sufficient in that behalf correct errors in certificates of title to land in his district or in the register-book of his district or in entries made therein respectively and may supply entries omitted to be made under the provisions of this Act Provided always that in the correction of any such error he shall not erase or render illegible the original words and shall affix the date on which such correction was made or entry supplied with his initials and every certificate of title so corrected and every entry so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry omitted except as regards any entry made in the register-book prior to the actual time of correcting the error or supplying the omitted entry.

(5.) He may enter caveats for the protection of any person who shall be under the disability of infancy page 53 coverture lunacy unsoundness of wind or absence from the colony or on behalf of Her Majesty her heirs or successors to prohibit the transfer or dealing with any land within his district belonging or supposed to belong to any such persons as hereinbefore mentioned and also to prohibit the dealing with any land within his district in any case in which it shall appear to him that an error has been made by misdescription of such land or otherwise in any certificate of title or other instrument or for the prevention of any fraud or improper dealing.

By any person (claiming to be the person) in whom the fee-simple is rested in possession either at law or in equity Provided that wherever trustees seized in fee-simple have no express power to sell the land which they may seek to bring under the operation of this Act the person claiming to be beneficially entitled to the said land shall consent in such application.

By any person claiming a life estate in possession not being a lease for a life or lives Provided that all persons claiming to be beneficially entitled in reversion or remainder shall join in such application.

By any person or persons having power legally or equitably to dispose of the fee-simple in possession but if subject to the consent of any other person or persons then with such consent.

Provided always that no such application shall be received

Undivided shares and mortgaged lands may not be brought under Act expect upon condition.

from any person claiming to be entitled to an undivided share of any land unless the persons who shall appear to be entitled to the other undivided shares of the said land shall join in such application with a view to bringing the eu- page 54 tirety under the provisions of this Act nor from the mortgagor of any land unless the mortgagee shall consent in such application nor from the mortgagee of any land except in the exercise of a power of sale contained in the mortgage deed nor from a married woman unless lier husband shall consent in such application Provided also that the father or if the father be dead the mother or other guardian of any infant or the committee or guardian of any lunatic or person of unsound mind may make such application in the name of such infant lunatic or person of unsound mind and any agent holding power of attorney authorizing the sale of a freehold estate in any land of an absent proprietor may make such application in respect to such land in the name of such proprietor unless such power shall expressly prohibit Ids so doing.

22. Every such applicant shall when making his application surrender to the District land Registrar all instruments in his possession or under his control constituting or in any way affecting his title and shall furnish a schedule of such instruments and also if required an abstract of his title and shall in his application state the nature of his estate or interest and of every estate or interest held therein by any other person whether at law or in equity in possession or in futurity or expectancy and whether the land be occupied or unoccupied and if occupied the name and description of the occupant and the nature of his occupancy and whether such occupancy be adverse or otherwise and shall state the names and addresses of the occupants and proprietors of all lands contiguous to the land in respect to which application is made so far as known to him and that the schedule so furnished include all instruments of title to such land in his possession or under his control and shall make and subscribe a declaration of the truth of such statement and such applicant may if he think fit in his application require the District Land Registrar at the expense of such applicant to cause personal notice of his application to ho served upon any person whose name and address shall for that purpose be therein stated and he shall append to his application a plan of the land applied for showing the boundaries and relative position of the land to which the application relates.

23. Upon the receipt of such application the District Land Registrar shall cause the title of the applicant to be examined and reported upon by the Examiner of Tilies for his district and shall thereafter take into consideration such application with the report of the Examiner of Titles thereon and shall confer with such Examiner of Titles thereon and if it shall appear to such District Land Registrar

When applicat is original grantee and no transactions have been registered.

and Examiuer of Titles that the applicant proprietor is the original grantee from the Crown of the land in respect to which application is made and that such land has been granted on or subsequent to the twenty-eighth day of page 55 December one thousand eight hundred and forty-one and that no sale mortgage encumbrance or other transaction affecting the title of such land has at any time been registered in the colony and that such applicant has not required notice of his application to be served personally upon any person then in such case it shall be lawful for such District Land Registrar and Examiner to direct that the District land Registrar shall bring each land under the provisions of this Act forthwith by issuing to the applicant proprietor or to such person as he or the person applying in his behalf may by writing under his hand direct a certificate of title for the same as hereinafter described.

25. But if it shall appear to the satisfaction of the said

When evidence of title is imperfect.

District land Registrar and Examiner that any parties interested in any unsatisfied mortgage or encumbrance affecting the title to such land or beneficially interested therein otherwise than as lessees are not parties to such application or that the evidence of title set forth by the applicant is imperfect or that the applicant has required notice of his application to be served personally upon any person then and in such ease it shall he lawful for such District Land Registrar and Examiner to reject such application altogether or at their discretion to direct that the District land Registrar shall cause notice of such application to be served in accordance with such requirement, upon all persons other than the applicant who shall appear to them to have any interest in the land which is the subject of such application and to be advertised three times in at page 56 least one newspaper published in the district and in such newspapers published elsewhere as to such District Land Registrar and Examiner may seem fit and to be published in the New Zealand Gazette and in the London Gazette and in the official Gazettes of each of the Colonies of New South Wales Victoria South Australia Queensland Tasmania and Western Australia or in any one or more of such Gazettes and the said District Land Registrar and Examiner shall specify the number of limes and at what intervals such advertisements shall be published in each or any of such Gazettes and shall also limit and appoint a time in such advertisements not less than two months nor more than twelve months from the date of the first of such advertisements in the New Zealand Gazette upon or after the expiration of which it shall be lawful for the District Land Registrar to bring such land under the provisions of this Act unless he shall in the interval have received a caveat forbidding him so to do.

26. The District Land Registrar shall under such direction as aforesaid or under any order of the Supreme Court cause notice to be published in such manner as by such direction or order may be prescribed that application had been made for bringing the land therein referred to under the provisions of this Act and shall also cause a copy of such notice to be posted in a conspicuous place in his office and in such other places as he mar deem necessary and shall forward by registered letter marked outside "Lands Registry Office" through the Post Office a copy of such notice addressed to the persons if any whom the said District Land Registrar and Examiner shall have directed to be served with such notice and to the persons if any stated in the declaration by the applicant proprietor to be in occupation of such land or to be occupiers or proprietors of land contiguous thereto so far as his knowledge of the addresses of such persons may enable him and in case such applicant shall have required any such notice to be personally served upon any person named in his application then and in such case the District land Registrar shall cause copy of such notice to be so served upon such person.

27. If within the time limited in such direction or under any order of the Supreme Court any notice forwarded by registered letter as aforesaid shall not be returned to him by the Postmaster-General and if within the time so limited he shall not have received a caveat as hereinafter described forbidding him so to do and in any case in which personal notice may be required as aforesaid if he shall have received proof to his satisfaction that such notice has been served the District Land Registrar shall pursuant to such direction as aforesaid bring the land described in such application under the provisions of this Act by issuing to the applicant proprietor or to such person as he or the page 57 person applying in his behalf may by any writing under his band direct a certificate of title for the same as hereinafter described.

32. Any applicant proprietor may withdraw his application

Applicant proprietor may withdraw his application.

at any time prior to the issuing of the certificate of title and the District Land Registrar shall in such case upon request in writing signed by such applicant proprietor page 58 return to him or to the person if any notified in such application as having a lien upon such instruments the abstract and all instruments of title deposited by such proprietor for the purpose of supporting his applies-tion.

33. Upon issuing a certificate of title hringing land under the provision of this Act the District Land Registrar shall stamp as cancelled every instrument of title surrendered by the proprietor when making his applica-tion Provided that if any such instrument shall relate to or include any property whether personal or real other than the land included in such certificate of title then the District Land Registrar shall indorse then on a memorandum cancelling the same in so far only as relates to the land included in such certificate of title and shall return such instrument to such proprietor otherwise he shall retain the same in his office and no person shall be entitled to the production of such instrument so stamped except upon the written order of the applicant proprietor or of some person claiming through or under him or upon the order of the Supreme Court or a Judge thereof.

34. In ease an applicant proprietor or the person to whom an applicant proprietor may have directed a certificate of title to he issued shall die in the interval between the date of his application and the date appointed for the certificate of title to issue in accordance with the provisions hereinbefore contained the certificate of title shall be issued in the name of such applicant proprietor or in the name of the person to whom he may have directed it to be issued as the case may require and such land shall devolve in like manner as if the certificate of title had been issued prior to the death of such applicant proprietor or person so named by him.

35. Upon the first bringing of land under the provisions of this Act whether hy the grant thereof in fee by the Crown or consequent upon the application of the proprietor as hereinbefore provided and also upon the registration of the title to an estate of freehold in possession in land under the provisions of this Act derived through the will or intestacy of a previous proprietor or under any settlement there shall be paid to the District Land Registrar of the district in which the land is the sum specified in the Schedule hereto marked P and in the case of land brought under the provisions of this Act hy grant in fee from the Crown if such land shall have been sold hy or on hehalf of the Crown the price paid for such land shall be deemed and taken to be the value thereof for the purpose of levying such sum and in all other cases as aforesaid such value shall be ascertained by the oath or solemn affirmation of the applicant proprietor or person deriving such land hy transmission Provided always that if the District Land Registrar shall not be satisfied as to the correctness of the page 59 value so declared or sworn to it shall be lawful for him to require such applicant proprietor or person deriving such land by transmission to produce a certificate of such value tinder the hand of a sworn valuator which certificate shall be received as conclusive evidence of such value for the purpose aforesaid. All sums so paid to the District Land Registrar shall form one common fund. They shall be paid to the Public Account to the credit of an account to be called "The Land Assurance Fund Account" and such money shall be deemed to be and be treated as part of the Public Trust Funds within the meaning of the Public Revenues Act.

39. Every certificate of title duly authenticated under the hand and seal of the District Land Registrar shall be received in all Conrta of law and equity aa evidence of the particulars therein set forth and of their being entered in the register-book and shall except in any of the cases hereinafter otherwise provided be conclusive evidence that the person named in such certificate of title or in any entry thereon as seized of or as taking estate or interest in the land therein described is seized or possessed of such land for the estate or interest therein specified and that the properly comprised in such certificate of title has been duly brought under the provisions of this Act and no certificate of title shall be impeached or defeasible on the ground of want of notice or of insufficient notice of the application to faring the land therein described under the provisions of this Act or on account of any error omission or informality in such application or in the proceedings pursuant thereto by the District Land Register or by the District Land Registrar in conjunction with the Examiner of Titles.

41. Except as hereinafter otherwise provided every grant or other instrument presented for registration shall he in duplicate and shall be attested by a witness and shall be registered in the order of time in which the same is produced

Instruments entitled to priority according to date of registration.

for that purpose and instruments registered in respect to or affecting the same estate or interest shall notwithstanding any express implied or constructive notice be entitled in priority the one over the other according to the date of registration and not according to the date of each instrument itself and the District Land Registrar upon registration thereof shall file one original in his office and

and when registered to be deemed to be ebodied in register book and to have the effect of a deed.

shall deliver the other to the person entitled thereto and so soon as registered every instrument drawn in any of the several forms provided in the Schedule hereto or in any form which for the same purpose may be authorized in conformity with the provisions of this Act shall for the page 61 purposes of this Act be deemed and taken to be embodied in the register-book as part and parcel thereof and such instrument when so constructively embodied and stamped with the seal of the District land Registrar shall have the effect of a deed duly executed by the parties signing the same.

45. No instrument shall be effectual to pass any estate

Instruments not effectual until entry in registry book.

or interest in any land under the provisions of this Act or to render such land liable as security for the payment of money but upon the registration of any instrument in manner hereinbefore prescribed the estate or interest specified in such instrument shall pass or as the ease may be the land shall become liable as security in manner and subject to the covenants conditions and contingencies set forth and specified in such instrument or by this Act declared to be implied in instruments of a like nature and should two or more instruments executed by the same proprietor and purporting to transfer or encumber the same estate or interest in any land be at the same time presented page 62 to the District land Registrar for registration and indorse-ment he shall register and indorse that instrument under which the person claims property who shall present to him the grant or certificate of title of such land for that purpose.

46. Notwithstanding the existence in any other person of any estate or interest whether derived by grant from the Crown or otherwise which but for this Act might be held to be paramount or to have priority the registered proprietor of land or of any estate or interest in land under the provisions of this Act shall except in ease of fraud hold the same subject to such encumbrances liens estates or interests as may be notified on the folium of the register-book constituted by the grant or certificate of title of such land but absolutely from front all other encumbrances liens estates or interests whatsoever except the estate or interest of a proprietor claiming the same land under a prior certificate of title or under a prior grant registered under the provisions of this Act and except so far as regards the omission or misdescription of any right-of-way or other easement created in or existing upon any land and except so far as regards any portion of land that may be erroneously included in the grant certificate of title lease or other instrument evidencing the title of such registered proprietor by wrong description of parcels or of boundaries.

47. No District Land Registrar shall register any instrument purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions of this Act except in the manner herein provided nor unless such instrument be in accordance with the provisions hereof.

49. Whenever any easement or any incorporeal right other than an annuity or rent-charge in or over any land under the provisions of this Act is created for the purpose of being annexed to or used and enjoyed together with other land under the provisions of this Act the District Land Registrar of the district within which such land is shall enter a memorial of the instrument creating such easements or incorporeal right upon the folium of the register-book constituted by the existing grant or certificate of title of such other land.

52. In every instrument transferring an estate or interest in land under the provisions of this Act subject to mortgage or encumbrance there shall be implied the following covenant by the transferee that is to say that such transferee will pay the interest or annuity secured by such mortgage or encumbrance after the rate and at the times specified in the instrument creating the same and will indemnify and keep harmless the transferror from and against the principal sum secured by such instrument and from and against all liability in respect of any of the covenants therein contained or by this Act implied on the part of the transferror.

53. When any land under the provisions of this Act is

Lands under provision of this Act how leased.

intended to be leased or demised for a life or lives or for any term of years exceeding three years the proprietor shall execute a memorandum of lease in form E of the Schedule hereto and every such instrument shall for description of the land intended to be dealt with refer to the grant or certificate of title of the land or shall give such other description as may be necessary to identify such land and a right for or covenant by the leasee to purchase the land therein described may be stipulated in such instrument and in case the lessee shall pay the purchase-money stipulated and otherwise observe his covenantd expressed and implied page 64 in such instrument the lessor shall be bound to execute a memorandum of transfer to such lessee of the said land and the fee-simple thereof and to perform all necessary acts by this Act prescribed for the purpose of transferring to a purchaser the said land and the fee-simple thereof Provided always that no lease of mortgaged or encumbered land shall he valid and binding against the mortgagee or eneumbrnncee unless such mortgagee or eucumbrancee shall have consented to such lease prior to the same being registered.

54. Whenever any lease or demise which is required to be registered by the provisions of this Act is intended to be surrendered and the surrender thereof is effected otherwise than through the operation of a surrender in law or than under the provisions of any law at the time being in force in the colony relating to bankruptey or insolvent estates there shall be indorsed upon such lease or on the counterpart thereof the word "Surrendered" with the date of such surrender and such indorsement shall be signed by the lessee and by the lessor as evidence of the acceptance thereof and shall be attested by a witness and the District Land Registrar of the district within which the land is thereupon shall enter in the register-book a memorandum recording the date of such surrender and shall likewise indorse upon the lease a memorandum recording the fact of such entry having been made in the register-book and upon such eutry being so made in the register-book the estate or interest of the lessee in such land shall revest in the lessor or in the person in whom having regard to intervening circumstances (if any) the said land would have vested if no such lease had ever been executed and production of such lease or counterpart bearing suet indorsement and memorandum shall be sufficient evidence that such lease had been so surrendered Provided that no lease subject to mortgage or encumbrance shall be so surrendered without the consent of the mortgagee or encumbrancee.

56. In every memorandum of lease there shall also be implied the following powers in the lessor that is to say—

(1.)

That he may by himself or his agents at all reasonable times enter upon the demised property and view the state of repair thereof and may serve upon the lessee or leave at his last or usual place of abode in the colony or upon the demised property a page 65 notice in writing of any defect requiring him within a reasonable time to be therein prescribed to repair the same.

(2.)

That in case the rent or any part thereof shall be in arrear for the apace of six calendar mouths or in case default shall be made in the fulfilment of any covenant whether expressed or implied in such lease on the part of the lessen and shall be continued for the space of six calendar months or in case the repairs required by such notice as aforesaid shall not have been completed within the time therein specified it shall be lawful for such lessor to re-enter upon and take possession of such demised premises.

59. Mortgage and encumbrance under this Act shall

Mortgage or encumbrance not to operate as transfer.

have effect as security but shall not operate as a transfer of the land thereby charged and in case default be made in the payment of the principal sum interest annuity or rent-charge or any part thereof thereby secured or in the observance of any covenant expressed in any memorandum

Procedure in case of default.

of mortgage or of encumbrance registered under this Actor that is hereinafter declared to be implied in such instrument and such default be continued for the space of one calendar month or for such other period of time as may therein for that purpose be expressly limited the mortgagee or encum-brancee may give to the mortgagor or encumbrancer notico page 66 in writing to pay the money then due or owing on such memorandum of mortgage or of encumbrance or to observe the covenants therein expressed or implied as the case may be and that the sale will be effected if such default be

[Section 5, Amendment Act, 1871.]

continued [or mag have such notice on the mortgaged or encumbered land] or at the usual or last known place of abode in New Zealand of the mortgagor or encumbrancer or other person claiming to be then entitled to the said laud.

Appropriation or proceeds.

First, In payment of the expenses occasioned by such sale.

Secondly, In payment of the moneys which may then be due or owing to the mortgagee or encumbrancee.

Thirdly, In payment of subsequent mortgages or encumbrances if any in the order of their priority and the surplus if any shall be paid to the mortgagor or encumbrancer as the case may be.

61. Upon the registration of any memorandum or instrument of transfer executed by a mortgagee or encumbrancee for the purpose of such sale as aforesaid the estate or interest of the mortgagor or encumbrancer therein described as to be conveyed shall pass to and vest in the purchaser freed and discharged from all liability on account of such mortgage or encumbrance or of any mortgage or encumbrance registered subsequent thereto and if such page 67 memorandum of transfer purports to pass an estate of freehold in possession the purchaser shall be entitled to receive a certificate of title for the same.

65. Upon the production of any memorandum of mortgage or of encumbrance having thereon an indorsement signed by the mortgagee or encumbrancee and attested by a witness discharging the land estate or interest from the whole or part of the principal sum or annuity secured or discharging any part of the land comprised in such instrument from the whole of such principal sum or annuity the District Land Registrar of the district within which such land is shall make an entry in the register-book noting that such mortgage or encumbrance is discharged wholly or partially or that part of the land is discharged as aforesaid as the case may require and upon such entry being so made the estate or interest or the portion of land mentioned or referred to in such indorsement as aforesaid shall ceaae to be subject to or liable for such principal sum or annuity or as the case may be for the part thereof noted in such entry as discharged.

66. Upon proof of the death of the annuitant or of the occurrence of the event or circumstance upon which in accordance with the provisions of any memorandum of encumbrance the annuity or sum of money thereby secured shall cease to be payable and upon proof that all arrears of the said annuity and interest of money have been paid satisfied or discharged the District land Registrar of the district within which the land affected is shall make an entry in the register-book noting that such annuity or sum of money is satisfied and discharged and shall cancel such instrument and upon such entry being made the land estate or interest shall cease to be subject to or liable for such annuity or sum of money and the District Land Registrar shall in any or either such case as aforesaid indorse on the grant certificate of title or other instrument evidencing the title of the mortgagor or encumbrancer to the land estate or interest mortgaged or encumbered a memorandum of the date on which such entry as aforesaid was made by him in the register-book whenever such grant certificate of title or other instrument shall be presented to him for that purpose.

67. In case the registered mortgagee shall be absent from the said colony and there be no person authorized to givo a receipt to the mortgagor for the mortgage-money at or after the date appointed for the redemption of any mortgage it shall be lawful for the Colonial Treasurer to receive such mortgage-money with all arrears of interest then due thereon in trust for the mortgagee or other person entitled thereto and thereupon the interest upon such mortgage shall cease to run or accrue and the District Land Registrar of the district within which the land is shall upon the receipt of the Colonial Treasurer for the amount of the said mortgage-money and interest make an entry in the register-book discharging such mortgage stating the day and hour on which such entry is made and page 69 such entry shall be a valid discharge for such mortgage and shall have the same force and effect as is hereinbefore given to a like entry when made upon production of the memorandum of mortgage with the receipt of the mortgagee and the District Land Registrar shall indorse on the grant certificate of title or other instrument as aforesaid and also on the memorandum of mortgage whenever those instruments shall be brought to him for that purpose the several particulars hereinbefore directed to be indorsed upon each of such instruments respectively.

71. Such of the covenants hereinafter set forth as shall

Abbbraviated from of words for expressing AS effectual as if such covenants were act forth in words at length.

be expressed in any memorandum of lease or mortgage as to be implied shall if expressed in the form of words hereinafter appointed and prescribed for the case of each such covenant respectively be so implied as fully and page 70 effectually as if such covenants were set forth fully and in words at length in such instrument that is to say the

Insure.

words "will insure" shall imply as follows—that the lessee or mortgagor will insure and so long as the term expressed in the said mortgage or lease shall not have expired will keep insured in some public insurance office to he approved by such mortgagee or lessor against loss or damage by fire to the full amounts specified in such instrument or if no amount be specified then to their full value all buildings tenements or premises erected on such land which shall be of a nature or kind capable of being insured against loss or damage by fire and that the mortgagor or lessee will nt the request of the mortgagee or lessor hand over to and deposit with him the policy of every such insurance and produce to him the receipt or receipts for the annual or other premiums payable on account thereof and also that all moneys to be received under or by virtue of any such insurance shall in the event of loss or damage by fire be laid out and expended in making good such loss or damage Provided also that if default shall be made in the observance or performance of the covenant last above mentioned it shall be lawful for the mortgagee or lessor without prejudice nevertheless to and concurrently with the powers granted him by his memorandum of mortgage or lease or by this Act provided to insure such building and the costs and charges of such insurance shall until such mortgage be redeemed or such lease shall have expired be a charge upon the said

Paint outside.

land. The words "paint outside every alternate year" shall imply as follows namely and also will in every alternate year during the currency of such lease paint all the outside woodwork and ironwork belonging to the hereditaments and premises mentioned in such lease with two coats of proper oil-colours in a workmanlike manner

Paint and paper inside.

The words "paint and paper inside every third year" shall imply as follows namely and will in every third year during the currency of such lease paint the inside wood iron and other works now or usually painted with two coats of proper oil-colours in a workmanlike manner and also re-paper with paper of a quality as at present such parts of the paid premises as are now papered and also wash stop whiten or colour such parts of the said premises as are now whitened or coloured respectively

Fence.

The words "will fence" shall imply as follows namely and also will during the continuance of the said lease erect and put up on the boundaries of the land therein mentioned or upon such boundaries upon which no substantial fence

Fence. Cultivate.

now exists a good and substantial fence The word "cultivate" shall imply as follows namely and will at all times during the said lease cultivate use and manage all such parts of the land therein mentioned as are or shall be broken up or converted into tillage in a proper and page 71 husbandlike manner and will not impoverish or waste the same The words "that the lessee will not use the said

Not use as a shop.

premises as a shop "shall imply as follows namely and also that the said lessee will not convert-use or occupy the said hereditaments and premises mentioned in such lease 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 hereditaments and premises or any part thereof to be used for any such purpose or otherwise than as a private dwelling-house without the consent in writing of the said lessor The words "will not carry on offensive

Offensive trades.

trades" shall imply as follows and also that no noxious noisome or offensive art trade business or occupation or calling shall at any time during the said term be used exercised carried on permitted or suffered in or upon the said hereditaments and premises above mentioned and that no act matter or thing whatsoever shall at any time during the said term be done in or upon the said hereditaments and premises or any part thereof which shall or may be or grow to the annoyance nuisance grievance damage nidisturbance of the occupiers or owners of the adjoining lands and hereditaments The words "will not without leave assign

Assign or sublet.

or sublet" shall imply as follows namely and also that the said lessee shall not nor will during the term of such lease assign transfer demise sublet or set over or otherwise by any act or deed procure the lands or premises therein mentioned or any of them or any part thereof to be assigned transferred demised sublet or set over unto any person whomsoever without the consent in writing of the said lesson first had and obtained The words "will not cut timber"

Cul timber.

shall imply as follows and also that the said lessee shall not nor will cut down fell injure or destroy any growing or living timber or timber-like trees standing and being upon the said hereditaments and premises above mentioned without the consent in writing of the said lessor. The

Business of publican in orderly manner.

words "will carry on the business of a publican and con-duct the same in an orderly manner" shall imply as follows namely and also that the said lessee will at all times during the currency of such lease use exercise and carry on in and upon the promises therein mentioned the trade or business of a licensed victualler or publican and retailer of spirits wines ale beer and porter and keep open and use the messuage tenement or inn and buildings standing and being upon the said land as and for an inn or public-house for the reception accommodation entertainment of travellers guests and other persons resorting thereto or frequenting the same and manage and conduct such trade or business in a quiet and orderly manner and will not do commit or permit or suffer to be done or committed any act matter or thing whatsoever whereby or by means whereof any license shall or may be forfeited or become void or liable to be taken away suppressed or suspended page 72

Apply for renewal of license.

in any manner howsoever The words "will apply for renewal of license" shall imply as follows namely and also shall and 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 at his own expense all such licenses as are or may be necessary for carrying on the said trade or business of a licensed victualler or pub-lican in and upon the said hereditaments and premises and keeping the said messuages tenements or inn open as and for an inn or public-house as aforesaid The words "will

Facilitate the transfer of license.

facilitate the transfer of license" shall imply as follows namely and also shall and will at the expiration or other sooner determination of the said lease sign and give such notice or notices and allow such notice or notices of a renewal or transfer of any license as may be required by law to be affixed to the said messuage tenement or inn to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf and generally to do and perform all such further acts matters and things as shall be necessary to enable the said lessor or any other person authorized by him to obtain the renewal of any license or any new license or the transfer of any license then existing and in force.

73. Whenever the registered proprietor of any land or of any estate or interest in the said land which is either wholly or in part registered under the provisions of this Act is desirous of transferring the same to two or more persons in trust it shall be lawful for such proprietor in the instrument or deed declaring such trust to nodminate and appoint the District Land Registrar of the district within which the land is by the style of his office to be one of such trustees and it shall thereupon be the duty of such Registrar for the time being to act as such trustee so far as relates to the transfer of such land estate or interest.

74. Upon the transfer of any land estate or interest under the provisions of this Act to two or more persons as joint proprietors to be held by them as trustees it shall be lawful for the transferror to insert in the memorandum of page 73 transfer or other instrument the words "No survivorship"

ate to prevent a less number of trustees then those registered dealing with the land without order of Court.

and the District Land Registrar of the district within which the land is shall in such case include such words in the memorial of such instrument to he entered by him in the register-book as hereinbefore directed and shall also enter the said words upon any certificate of title issued to such joint proprietors pursuant to such memorandum of transfer And any two or more persons registered as joint proprietors of any land estate or interest under the provisions of this Act held by them as trustees may by writing under their baud authorize the District Land Registrar to enter the words "No survivorship" upon the grant certificate of title or other instrument evidencing their title to such estate or interest and also upon the duplicate of such instrument in the register-book or filed in his office and after such entry has been made and signed by the District Land Registrar in either such case its aforesaid it shall not be lawful for any less number of joint proprietors than the number then registered to transfer or otherwise deal with the said land estate or interest without obtaining the sanction of the Supreme Court or a Judge thereof by an order on motion or petition.

76. The registered proprietor of any land estate or interest

Power of attorney.

under the provisions of this Act may authorize and appoint any person to act for him or on his behalf in respect to the transfer or other dealing with such land estate or interest in accordance with the provisions of this Act by executing a power in any form heretofore in use for the like purpose or in form I of the Schedule hereto and a duplicate or an attested copy thereof shall be deposited with the District Land Registrar of the district in which the land is who after comparing the same shall enter in the register-book a page 74 memorandum of the particulars therein contained and of the date and hour of its deposit with him.

77. Every District Land Registrar upon the application of any registered proprietor of land within his district and under the provisions of this Act shall grant to such proprietor a registration abstract in the Form K of the Sehedule hereto enabling him to transfer or otherwise deal with his estate or interest in such land at any place without the limits of the colony and shall at the same time enter in the register-hook a memorandum recording the issue of such registration abstract and shall indorse on the grant certificate of title or other instrument evidencing the title of such applicant preprietor a like memorandum and from and after the issuing of any such registration abstract no transfer or other dealing in any way affecting the estate or interest in respect of which such registration abstract is issued shall bo entered in the register-book until such, abstract shall have been surrendered to the District Land Registrar to be cancelled or the loss or destruction of such abstract proven to his satisfaction.

78. Whenever any transfer or other dealing is intended to be transacted under any such registration abstract a memorandum of transfer or such other instrument as the case may require shall be prepared in duplicate in form hereinbefore appointed and shall be produced to some one of the persons hereinafter appointed as persons before whom the execution of instruments without the limits of the colony may bo proven and upon memorial of such instrument being entered upon the registration abstract and authenticated by the signature of such authorized person as aforesaid in manner hereinbefore directed for the entry of memorials in the register-book such instrument shall be held to be registered and such transfer or other dealing shall be as valid and binding to all intents as if the same had been entered in the register-book by the District Land Registrar of the district within which the land is and whenever a memorial of any instrument which has not been indorsed upon the instrument evidencing title to the estate or interest intended to be dealt with has been entered upon the registration abstract such authorized person as aforesaid shall record the like memorial on the duplicate grant certificate of title lease or other instrument evidencing title as aforesaid and the certificate of registration indorsed on the instrument of which the memorial has been so entered and signed by such authorized person and sealed with his seal shall be received in all Courts as conclusive evidence that such instrument has been duly registered.

79. Upon the delivery of any registration abstract to any District Land Registrar of the district within which the Land is he shall record in the register-book of his district in such manner as to preserve their priority the particulars of every transfer or other dealing recorded thereon and page 75 shall file in his office the duplicates of every memorandum of transfer orother instrument executed thereunder which may for that purpose be delivered to him and shall cancel such abstract and note the fact of such cancellation in the register-hook and if a freehold estate in such land or in any part thereof be transferred the grant or certificate of title shall be delivered up to the District Land Registrar who shall thereupon proceed as is here in before directed for the case of the transfer of an estate of freehold.

82. Upon the bankruptcy of the registered proprietor of

Transmission by bankruptey.

any land estate or interest under the provisions of this Act the trustees of such bankrupt shall be entitled to be registered as proprietors in respect of the same and the District land Registrar of the district in which the land is upon the receipt of an office copy of the appointment of such trustees accompanied by an application in writing under their hand to be so registered in respect to any land estate or interest of such bankrupt therein specified and described shall enter in the register-book upon the folium page 76 constituted by the grant or certificate of title of such land

Upon entry of appointnent assignees to be deemed registered proprietors. But to hold subject to equities.

a memorandum notifying the appointment of such trustees and upon such entry being made such trustees shall be deemed and taken to be registered proprietors of the estate or interest of such bankrupt in such land and shall hold the same subject to the equities upon and subject to which the bankrupt or insolvent held the same but for the purpose of any dealings with such land estate or interest under the provisions of this Act such assignees shall be deemed to be absolute proprietors thereof.

83. Upon the bankruptcy of the registered proprietor of any lease subject to mortgage under the provisions of this Act the District Land Registrar of the district in which the land is upon the application in writing of the mortgagee accompanied by a statement in writing signed by the trustees of such bankrupt certifying their refusal to accept such lease shall enter in the register-book the particulars of such refusal and such entry shall operate as a foreclosure and the interest of the bankrupt in such lease shall thereupon rest in such mortgagee and if such mortgagee shall neglect or decline to make such application as aforesaid the District Land Registrar upon application by the lessor and proof of such neglect or refusal and of the matters aforesaid shall enter in the register-book notice of the refusal of such assignees to accept such lease and such entry shall operate as a surrender of such lease.

85. Whenever any mortgage encumbrance or lease affecting land under the provisions of this Act shall be transmitted in consequence of the will or intestacy of the registered proprietor thereof probate or an office copy of the will of the deceased proprietor or letters of administration or the order of the Supremo Court authorizing the Curator of Intestate Estates to administer the personal page 77 estate of the deceased proprietor of such estate or interest as the case may he accompanied by an application in writing from the executor administrator or curator claiming to be registered as proprietor in respect of such estate or interest shall be produced to the District Land Registrar of the district within which the land is who shall thereupon enter in the register-book of his district and on the lease or other instrument evidencing title to the estate or interest

Will or probale or letters of administration or order of Court to be produced.

transmitted the date of the will and of the probate or of the letters of administration or order of the Supreme Court as aforesaid the date and hour of the production of the same to him the date of the death of such proprietor when the same can be ascertained with such other particulars as he may deem necessary and upon such entry being made the executors or administrators or the Curator of Intestate Estates as the case may he shall he deemed to be registered proprietors or proprietor of such mortgage encumbrance or lease and the District Land Registrar shall note the fact of such registration by memorandum under his hand on the letters of administration probate or other instrument as aforesaid.

87. The District Land Registrar shall refer such application

Application to be referred to Examiner of Titles and considered by Registrar in conference with him. Notice thereof to be published in Gazette.

to the Examiner of Titles for his district for examination and report and thereafter shall take the same into consideration in conference with such Examiner and the District Land Registrar and Examiner may either reject such application altogether or direct that the District Land Registrar shall cause notice thereof to be published

Notice thereof to be published in Gaztta.

once the Government Gazette and three times in at least one newspaper published in the district and shall give such page 78 further publicity to such application as he may think fit whether by advertisement or the serving or posting of notices and shall limit and appoint a time in such advertisement

[section 7, Amendment Act, 1876.]

or notice not less than one calendar month from the date of the advertisement in such Gazette upon or

Upon the expiration of the time limited by Registrar and Examiner application to be entered in register-book.

after which the District Land Registrar may unless he shall in the interval have received a caveat forbidding him so to do register such applicant as proprietor of such land by entering in the register-book the particulars of the transmission through which such applicant claims and by issuing to such applicant a certificate of title for the land so transmitted and the District Land Registrar and Examiner may direct any caveat to he entered by the District Land Registrar for the protection of the interests of such other person (if any) as may be interested in such

but to hold subject to the trusts to which the land is liable by law.

land Provided always that the person registered consequent on such direction of the District Land Registrar and Examiner or any executor or administrator or the Curator of Intestate Estates when registered in respect of any mortgage encumbrance or lease shall hold such land estate or interest in trust for the persons and purposes to which it is applicable by law but for the purposes of any dealing with such land estate or interest under the provisions of this Act he shall be deemed to be absolute proprietor thereof.

88. Any settlor of land under the provisions of this Act transferring such land to be held by the transferree as trustee or any beneficiary or other person claiming estate or interest in any such land under any unregistered instrument or by devolution in law or otherwise may by caveat in the form M of the Schedule hereto or as near thereto as circumstances will permit forbid the registration of any instrument affecting such land estate or interest either absolutely or until after notice of the intended dealing given to the caveator as may be required and enjoined in such caveat and every such caveat shall state the name and address of the person by whom or on whose behalf the same is lodged and shall contain a sufficient description to identify the land and the estate or interest therein claimed by the caveator or by the person on whoso behalf the caveat is lodged and except in case of caveats lodged by order of the Supreme Court or by the District Land Registrar of the district within which the land is as hereinbefore provided shall be signed by the caveator or by his solicitor known agent or attorney and every notice relating to such caveat or to any proceedings in respect thereof if served at the address mentioned in such caveat or at the office of the solicitor known agent or attorney who may have signed the same shall be deemed to be duly served and every such caveat may be withdrawn by the caveator.

89. Upon the receipt of any caveat relating to land within his district the District Land Registrar shall notify page 79 the same to the person against whose application to bring land under the provisions of this Act or to he registered as proprietor or as the ease may he to the registered proprietor against whose title to deal with land under the provisions of this Act such caveat has been lodged and such applicant proprietor or registered proprietor may if he think fit summon the caveator or the person on whose behalf such

Caveator may be summoned to show cause.

caveat has been lodged to attend before the Supreme Court or a Judge thereof to show cause why such caveat should not be removed and it shall be lawful for such Court or Judge upon proof that such person has been summoned to malic such order in the promises either ex parte or otherwise as to such Court or Judge may seem fit And except

Except in certain cases caveat to lapse after fourteen days notice given to cavcator.

in the case of a caveat lodged by a settlor or by or on behalf of a beneficiary chiming under any will or settlement or by the District hand Registrar for the protection of incapable persons or for the prevention of fraud as hereinbefore prescribed every such caveat lodged against a registered proprietor shall unless an order to the contrary be made by the Supreme Court or a Judge thereof be deemed to have lapsed upon the expiration of fourteen days after notice given to the caveator that such registered proprietor has applied for the registration of any transfer or other dealing with such land estate or interest.

92. The registered proprietor of any land or of any

Proprietor may vest estate jointly in himself and others without limiting any use or executing any assignment.

estate or interest in land under the provisions of this Act whether of the nature of real or personal property may by any of the forms of instruments of transfer provided by this Act modified as may be necessary transfer such land estate or interest or any part thereof to his wife or if such, registered proprietor be a married woman it shall be lawful for her to make such transfer to her husband or it shall be lawful for such registered proprietor to make such transfer to himself jointly with any other person or persons or to create or execute any powers of appointment or to limit any estates whether by remainder or otherwise without limiting any use or executing any reassignment but upon the registration of such transfer the said land estate or page 80 interest shall vest in such registered proprietor jointly with any other person or persons or in the person taking under such limitation or in whose favour any power may have been executed or otherwise according to the intent and meaning appearing in such instrument and thereby expressed.

94. When any person is registered as joint proprietor with his wife of an estate in fee-simple in right of his wife if such person die in the lifetime of his wife and before any transfer of such estate or if such wife die in the lifetime of her husband and the said husband is entitled as tenant by the curtesy or upon the death of any person registered together with any other person as joint proprietor of the same estate or interest in any land or when the life estate in respect to which any certificate of title has been issued has determined and the estate next registered in remainder or reversion has become rested in possession or the person to whom such certificate has been issued has become entitled to the said land for an estate in fee-simple in possession the District Land Registrar of the district within which the land is may upon the application of the person entitled and proof to his satifaction of any such occurrence as aforesaid register such person as proprietor of such estate or interest in manner hereinbefore prescribed for the registration of a like estate or interest upon a transfer or transmission.

96. Every covenant and power to be implied in any instrument by virtue of this Act may be negatived or modified by express declaration in the instrument or indorsed page 81 thereon and in any declaration in an action for a supposed breach of any such covenant the covenant alleged to bo broken may be set forth and it shall be lawful to allege that the party against whom such action is brought did so covenant precisely in the same manner as if such covenant

Implied covernats to be several and not joint.

had been expressed in words in such memorandum of transfer or other instrument any law or practice to the contrary notwithstanding and every such implied covenant shall have the same force and effect and be enforced in the same manner as if it had been set out at length in such instrument and where any memorandum of transfer or other instrument in accordance with the provisions of this Act is executed by more parties than one such covenants as are by this Act declared to be implied in instruments of the like nature shall be construed to be several and not to bind the parties jointly.

98. Whenever any estate or interest in land under the

Sales by sheriff or under order of supreme Court.

provisions of this Act" shall be sold by the Sheriff under any writ or shall be sold under am' direction decree or order of the Supreme Court or whenever any order of such Court shall be made, authorizing the Curator of Intestate Estates to take the charge of the real estate of a deceased proprietor the District Land Registrar of the district within which the land is on being served with an office copy of the writ direction decree or order as the case may be shall enter in the register-book and also upon the instrument evidencing title to the said estate or interest if produced for that purpose the date of the said writ direction decree or orderand the date and hour of the production thereof and after such entry as aforesaid the Sheriff or person authorized by the Supreme Court shall do such acts and execute such page 82 instruments as under the provisions of this Act may bo necessary to transfer or otherwise to deal with the said estate or interest Provided always that unless and until such entry has been made as aforesaid no such writ shall bind or effect any land under the provisions of this Act or any slate or interest therein nor shall any sale or transfer by the Sheriff be valid as against a purchaser or mortgagee notwithstanding such writ may have been actually in the hands of the Sheriff at the time of any purchase or mortgage or notwithstanding such purchaser or mortgagee may have had actual or constructive notice of the issue of such writ.

101. The execution of any such instrument may be proved before any such person as aforesaid by the oath or statutory declaration of the parties executing the same or of a witness attesting the signing thereof and if such witness shall answer in the affirmative each of the questions following that is to say—

Are you the witness who attested the signing of this instrument and is the name or mark purporting to be your name or mark as such attesting witness your own handwriting?

Do you personally know ____ the person signing this instrument and whose signature you attested?

Is the name purporting to be his signature his own page 83 handwriting—is he of sound mind—and did he freely and voluntarily sign the same?

Then the District Land Registrar Justice or other person before whom such witness shall prove such signature as aforesaid shall indorse upon such instrument a certificate in form N of the Schedule hereto and if the person executing such instrument be personally known to the District Land Registrar Justice or other person as aforesaid he may attend and appear before such District Land Registrar Justice or other person and acknowledge that he did freely and voluntarily sign such instrument and upon such acknowledgment the District Land Registrar Assistant Land Registrar or any Deputy of such officer Justice or other person shall indorse on such instrument a certificate in form O of the Schedule hereto Provided that such questions as aforesaid may be varied as circumstances may require in case any person shall sign such instrument by his mark.

104. In the event of the grant or certificate of title of

Provision in case of lost grant.

land under the provisions of this Act being lost mislaid or page 84 destroyed the proprietor of such land together with other persons if any having knowledge of the circumstances may make a declaration before the District Land Regis-trar of the district within which the land is or before any of the persons hereinbefore appointed as persons before whom the execution of instruments may he proved stating the facts of the case the names and descriptions of the registered owners and the particulars of all mortgages encumbrances or other matters affecting such land and the title thereto to the best of declarant's knowledge and belief and the District Land Registrar if satisfied as to the truth of such declaration and the bonâ fides of the transaction may after conference with an Examiner of Titles for the district and with his consent issue to such applicant a provisional certificate of title of such land which provisional certificate shall contain an exact copy of the original grant or certificate of title bound up in the register-book and of every memorandum and indorsement thereon and shall also contain a statement of the circumstance under which such provisional certificate is issued and the District Land Registrar shall at the same time enter in the register-book notice of the issuing of such provisional certificate and the date thereof and the circumstances under which it was issued and such provisional certificate shall be available for all purposes and uses for which the grant or certificate of title so lost or mislaid would have been available and as valid to all intents as such lost grant or certificate Provided always that the District Land Registrar before issuing such provisional certificate shall give at least fourteen days' notice of his intention so to do in the Government Gazette and in at least one newspaper published in the colony.

108. The District Land Registrar of the district may

District Land Registrar may require map to be deposited.

require the proprietor applying to have any land brought under the provisions of this Act within such district or desiring to transfer or otherwise to deal with the same or any portion thereof to deposit at the Registry Office of the district a map or plan of such land certified by a licensed surveyor in manner aforesaid and if the said land or the portion thereof proposed to be transferred or dealt with shall be of less area than one statute acre then such map or plan shall bo on a scale not less than one inch in two chains and if such land or the portion thereof about to be transferred or dealt with shall be of greater area than one statute acre but not exceeding five statute acres then such map or plan shall be upon a scale not less than one inch to five chains and if such land or the portion thereof as aforesaid shall be of greater area than five statute acres but not exceeding eighty statute acres then such map or plan shall be upon a scale of not less than one inch to ten chains and if such land or the portion thereof as aforesaid shall be of greater area than eighty statute acres then such map or plan shall be upon a scale of one inch to twenty chains and if such proprietor shall neglect or refuse to comply with such requirement it shall not be incumbent on the District Land Registrar to proceed with the bringing of sUCH land page 86 under the provisions of this Act or with the registration of such transfer or lease Provided always that subsequent subdivisions of the same land may be delineated on the map or plan of the same so deposited if such map be upon a sufficient scale in accordance with the provisions herein contained and the correctness of the delineation of each such subdivision shall be acknowledged in manner prescribed for the case of the deposit of an original map.

109. Every District Land Registrar upon payment of the fee specified in the Schedule P hereto shall furnish to any person applying for the same a certified copy of any registered instrument affecting land within his district and under the provisions of this Act and every such certified copy signed by him and sealed with his seal shall be received, in evidence in any Court of justice or before any person having by law or by consent of parties authority to receive evidence as primâ facie proof of all the matters contained or recited in or indorsed on the original instrument.

110. Any person may upon payment of a fee specified in Schedule P hereto have access to the register-book for the purpose of inspection during the hours and upon the days appointed for search.

Provided that it shall be lawful for any Solicitor of the Supreme Court to transact any business under this Act without being licensed as a Land Broker or paying any such fee or entering into such bond or taking such oath as aforesaid.

115. If upon the application of any proprietor to have

Proprietor may summon District Land Registrar to show cause if dissatisfied.

land of which he is seized brought under the provisions of this Act or to have any dealing or transmission registered or recorded or to have any certificate of title registration abstract foreclosure order or other instrument issued or to have any act or duty done or performed which by this Act is prescribed to be done or performed by a District Land Registrar the District Land Registrar shall refuse so to do or if such proprietor shall be dissatisfied with the direction upon his application given by the District Registrar and Examiner as hereinbefore provided it shall be lawful for such proprietor to require the District Land Registrar to set forth in writing under his hand the grounds of his refusal, or the grounds upon which such direction was given and such proprietor may if he think fit at his own page 88 costs summon the District Land Registrar to appear before the Supreme Court to substantiate and uphold the grounds of his refusal or of such direction as aforesaid such summons to be issued under the hand of a Judge of the said Court and served upon the District Land Registrar six clear days at least before the day appointed for hearing the matter Such objections shall be heard by the said Court upon motion and upon such hearing the District Land Registrar or his counsel shall have the right of reply and the said Court shall if any question of fact be invoked direct an issue to be tried to decide such fact and the said Court shall thereupon make such order in the premises as in their judgment the circumstances of the case may

Expense to be borne by applicant.

require and the District Land Registrar shall obey such order and all expenses attendant upon any such proceedings shall be borne and paid by the applicant or other person preferring such plaint unless the Judge or Court shall certify that there were no probable grounds for such refusal or direction as aforesaid.

116. It shall be lawful for any District Land Registrar on the direction of himself and the Examiner of Titles of the district whenever any question shall arise with regard to the performance of any of the duties or the exercise of any of the functions by this Act conferred or imposed upon him or them to state a case for the opinion of the Supreme Court and thereupon it shall be lawful for the said Court to give its judgment thereon and such judgment shall be binding upon the District Laud Registrar and the District Land Registrar acting in conjunction with the Examiner.

117. Whenever any order shall be made by any Court of competent jurisdiction vesting land under the provisions of this Act in any person the District Land Registrar of the district within which the land is on being served with an office copy of such order shall enter in the register-book and on the grant or other instrument evidencing title to the said land the date of the said order the date and hour of its production to him and the name residence and description of the person in whom the said order shall purport to vest the said land and such person shall thereupon be deemed to be the registered proprietor of such land and unless and until such entry shall be made the said order shall have no effect or operation in transferring or otherwise vesting the said land.

118. Whenever a person entitled to or interested in land as a trustee would be entitled under the last preceding clause to bring or defend any action in his own name for the recovering the possession of land under the provisions of this Act such person shall be bound to allow his name to be used as a plaintiff or defendant in such action by any beneficiary or person claiming an estate or interest in the said land Provided nevertheless that the person entitled or interested as such trustee shall in every such page 89 case be entitled to be indemnified in like manner as a

Trustee to be indemmited.

trustee would before the passing of this Act have been entitled to be indemnified in a similar case of his name being used in any such action or proceeding by his cestuique trust.

122. It shall be lawful for a mortgagee as against a

Mortgagee encumbrancee or landlord may obtain possession in certain cases.

mortgagor either before or after obtaining an order for foreclosure as hereinafter provided or for an eneumbrancee as against an encumbrancer or for a landlord as against a lessee or tenant whenever the term shall have expired or default shall have been made in payment of the interest or rent or annual or principal sum secured by any memorandum of mortgage encumbrance or lease for the time specified by this Act or that may be otherwise provided in any such instrument and without any formal demand or re-entry to enter a plaint in the District Court or the Resident Magistrate's Court having jurisdiction in the page 90 district in which the land is situated for the recovery or obtaining possession of the land but if the value of the land shall exceed one hundred pounds then to apply to a Judge of the Supreme Court for the recovery or obtaining possession thereof and thereupon a summons returnable not less than fourteen days after the service thereof shall issue to the mortgagor encumbrancer or lessee or to the person claiming through or under him the service of which shall in the case of a landlord against a lessee or tenant stand in lieu of a demand and re-entry and in the case of a mortgagee or eneumbraneee gainst a mortgagor or encumbrancer shall stand in lieu of the notice by this Act required to be given in such case and if the person entitled to redeem the said land or liable to the payment of such rent or annual sum shall five clear days at the least prior to the return day of such summons pay all the rent interest or annual sum in arrear or principal sum due and the costs the said action shall cease but if he shall not make such payment and shall not at the time named in such summons show good cause why the premises should not be recovered then on proof of the service of the summons if the defendant shall not appear thereto and of default having been made in payment of the rent interest or annual or principal sum for the time specified by this Act or otherwise provided as aforesaid before the plaint was entered or application made as aforesaid and in the case of a landlord against a lessee or tenant that no sufficient distress was then found to be on the premises to countervail such arrear and of the plaintiff's power to enter and of the rent interest or annual sum being still in arrear or principal money due the Court or Judge may order that possession of the premises mentioned in such summons be given by the defendant to the plaintiff on or before such day not being loss than four weeks from the day of hearing as the Court or Judge shall think fit to name unless within that period all the rent interest or annual sum in arrear or principal money due and costs be paid and if such order be not obeyed and such rent interest or annual or principal sum and costs be not so paid the Clerk of the Court or Judge shall at the instance of the plaintiff upon proof of the service of such order or that after diligent search made the party named therein cannot be found issue a warrant authorizing and requiring the Bailiff of the Court or Sheriff as the case may be to give possession of the premises to the plaintiff every such warrant to bear date on the day next after the last day named by the Court or Judge in the order for the delivery of the possession of the premises and to continue in force for three months from such date and no longer and in the case of a landlord against a lessee or tenant the plaintiff shall from the time of the execution of each warrant except as hereinafter provided hold the premises discharged of the tenancy Provided that in all cases there shall be an page 91 appeal from the District Court or Resident Magistrate's Court to the Supreme Court to be condueted in manner by law appointed for appeals from the Resident Magistrates' Courts and that every order of a Judge shall be subject to the revision of the Supreme Court Provided also that the decision of any District Court or Resident Magistrate's Court as regards the value of any land sought to be recovered therein shall be final.

125. Any such summons as aforesaid may be served by

How summons served.

delivering the same at the house or place of business of the defendant with some person there of the apparent age of not less than fourteen years and if the defendant can- page 92 not be found and his place of dwelling shall either not be Known or admission thereto cannot be obtained for the purpose of serving such summons a copy of such summons shall be posted on some conspicuous part of the premises sought to be recovered and such posting shall be deemed to be a good service on the defendant.

126. When default has been made in the payment of the interest or principal sum secured by memorandum of mortgage for six calendar months a registered mortgagee may make application in writing to the District Land Registrar of the district within which the land is for an order for foreclosure and such application shall state that such default has been made as aforesaid and that the land estate or interest mortgaged has been offered for Bale at public auction by a licensed auctioneer after notice given to the mortgagor as in this Act provided and that the amount of the highest bid at such sale was not sufficient to satisfy the money secured by such mortgage together with the expenses occasioned by such sale and that notice in writing of the intention of such mortgagee to make such application has been given to the mortgagor by leaving the same at his usual or last known place of abode if such place bo within thirty miles of the residence of such mortgagee or by forwarding the same by registered letter through the Post Office if such place be beyond that distance and such application shall be accompanied by a certificate of the licensed auctioneer by whom such land was put up for sale and such other proof of the matters stated by the applicant as the District Land Registrar may require and 1 the statements made in such application shall be verified by the oath or statutory declaration of the applicant.

127. The District Land Registrar shall with the Examiners of Titles of the district consider such application and they may direct that the District Land Registrar shall cause notice to be published once in the Sea Zealand Gazette and once in each of three successive weeks in at least one newspaper published and circulated in the Land District or Province or County or Township within which such land is situated offering such land for sale and shall in such case limit and appoint a time not less than one month from the date of the advertisement in such Gazelle upon or after which the District Land Registrar may issue to such applicant an order for foreclosure unless in the interval a sufficient amount has been realized by the sale of such land to satisfy the principal and interest moneys due and all expenses occasioned by such sale and proceedings and every such order for foreclosure under the hand of the District Land Registrar and entered in the register-book shall have the effect of vesting in the mortgagee all the estate and interest of the mortgagor in the land mentioned in such order free from all right and equity of redemption page 93 on the part of the mortgagor or of any person claiming through or under him.

(1)	The case of a mortgagee as against a mortgagor in default.
(2.)	The case of an encumbraucee as against an encumbrancer in default.
(3.)	The case of a lessor as against a lessee in default.
(4.)	The case of a person deprived of any land by fraud as against the person registered as proprietor of such land through fraud or as against a person deriving otherwise than as a transferree bonâ fide for value from or through a person so registered through fraud.
(5.)	The case of a person deprived of or claiming any land included in any grant or certificate of title of other land by misdescription of such other land or of its boundaries as against the registered proprietor of such other land not being a transferree of such other land or deriving from or through a transfcrree thereof bonâ fide for value.
(6.)	The case of a registered proprietor claiming under the instrument of title prior in date of regis- page 94 tration under the provisions of this Act in any case in which two or more grants or two or more certificates of titles or a grant and a certificate of title may be registered under the provisions of this Act in respect to the same land. And in any case other than as aforesaid the production of the registered grant certificate of title or lease shall be held in every Court of law or equity to be an absolute bar and estoppel to any such action against the person named in such instrument as seized of or as registered proprietor or lessee of the land therein described any rule of law or equity to the contrary not with standing.

130. Any person deprived of land or of any estate or interest in land in consequence of fraud or through the bringing of such land under the provisions of this Act or by the registration of any other person as proprietor of such land estate or interest or in consequence of any error omission or misdescription in any certificate of title or in any entry or memorial in the register-book may in any case in which such land has been included in two or more grants from the Crown bring and prosecute an action at law for the recovery of damages against such person as the Governor may appoint as nominal defedant and in any other case against the person upon whose application such land was brought under life provisions of this Act or such erroneous registration was made or who acquired title to the estate or interest in question through such fraud error omission or misdeseription Provided always that except in the case of fraud or of error occasioned by any omission misrepresentation or misdescription in the application of such person to bring such land under the provisions of this Act or to be registered as proprietor of such laud estate or interest or in any instrument executed by him such person shall upon a transfer of such land bonâ fide for value cease to be liable for the payment of any damages which but for such transfer might have been recovered from him under the provisions hereinbefore contained and such damages with costs of action may in such last-mentioned case be recovered out of the Assurance Fund by action against the Registrar-General as nominal defendant.

131. Nothing in this Act contained shall be so interpreted as to leave subject to action for recovery of damages as aforesaid or to action for possession or to deprivation of the estate or interest in respect to which be is registered as proprietor any purchaser or mortgagee bonâ fide for valuable consideration of land under the provisions of this Act on the ground that his vendor or mortgagor may have been registered as proprietor through fraud or error or may have derived from or through a person registered as proprietor through fraud or error and this whether such fraud or error shall consist in wrong description of the page 95 boundaries or of the parcels of any land or otherwise howsoever.

134. If in any such action judgment be given in favour

If action dis-

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continued or plaintiff non-suited the niminal defendant entitled to costs.

of the nominal defendant or the plaintiff, discontinue Or. become nonsuit the plaintiff shall be liable to pay the full costs of defending such action and the same when taxed shall be levied in the name of the nominal defendant by the like process of execution as in other actions on the cafe.

136. Whenever any amount has been paid out of the Assurance Fund on account of any person who may be dead such amount may be recovered from the estate of such person by action against his personal representatives in the name of the Registrar-General and whenever such amount has been paid on account of a person who shall have been adjudged bankrupt the amount so paid shall be considered to bo a debt due from the estate of such bankrupt and a certificate signed by the Colonial Treasurer certifying the fact of such payment out of the Assurance Fund and delivered to the trustee shall be sufficient proof of such debt and whenever any amount has been paid out of the Assurance Fund on account of any person who may have absconded or who cannot bo found within the jurisdiction of the Supreme Court and may have left any real or personal estate within New Zealand it shall be lawful for the paid Court or a Judge thereof upon the application of the Registrar-General and upon the product ion of a certificate signed by the Colonial Treasurer certifying that the amount has been paid in satisfaction of a judgment against the page 97 Registrar-General as nominal defendant to allow the Registrar-General to sign judgment against such person forthwith for the amount so paid out of the Assurance Fund together with the cost of the application and such judgment shall be final and signed in like manner as a final judgment by confession or default in an adverse suit and execution may issue immediately and if such person shall not have left real or personal estate within the colony sufficient to satisfy the amount for which execution may have been issued as aforesaid it shall be lawful for the Regisstrar-General to recover such amount or the unre-covered balance thereof by action against such person at any time thereafter he may be found within the jurisdiction of the Supreme Court.

140. In case it shall appear to the satisfaction of the

person to whom

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certificate or other instrument of title has been issued in error or wrongfully retains such instrument may be summrised

Distriet Land Registrar of any district that any certificate of title or other instrument relating to land in his district has been issued in error or contains any misdescription of land or of boundaries or that any entry or indorsement has been made in error on any grant certificate of title or other instrument or that any such grant certificate instrument entry or indorsement has been fraudulently or wrongfully obtained or that any such grant certificate or instrument is fraudulently or wrongfully retained he may summon the person to whom such grant has been so issued or by whom it has been so obtained or is retained to deliver up such certificate or instrument for the purpose of being cancelled or corrected as the case may require and in case such person shall refuse or neglect to comply with such summons or cannot bo found the District Land Registrar may apply to a Judge of the Supreme Court to issue a summons

Person refusing to deliver up certificate for cancellation or correction may be arrested and brought before a Judge of the Supreme Court.

for such person to appear before such Court or Judge and show cause why such grant certificate or other instrument should not be delivered up to be cancelled or corrected as aforesaid and if such person when served with such summons shall neglect or refuse to attend before such Judge or Court at the time therein appointed it shall be lawful for such Judge to issue a warrant authorizing and directing the person so summoned to be apprehended and brought before a Judge of the Supreme Court for examination.

142. Upon the recovery of any land estate or interest by any proceeding in any Court from the person registered as proprietor thereof it shall he lawful for the Court or Judge in any case in which such proceeding is not hereinbefore expressly barred to direct the District Land Registrar of the district within which the land is to cancel any certificate of title or other instrument or any entry or memorial in page 99 the register-book relating to such land and to substitute such certificate of title or entry as the circumstances of the case may require and the District Land Registrar shall give effect to such order.

such person shall be guilty of felony and if any person is guilty of making a false oath or declaration concerning any page 100 matter or procedure made and done in pursuance of this Act such person shall be deemed guilty of perjury.

145. Any person convicted of felony or perjury under this Act shall he 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.

146. No proceeding or conviction for any act hereby declared to he a misdemeanour or a felony shall affect any remedy which any person aggrieved or injured by such act may bo entitled to at law or in equity against the person who has committed such act or against his estate.

147. In the conduct of actions under this Act the same rules of procedure and practice shall apply and there shall be the same rights of appeal as are in force or exist for the time being in respect of ordinary aclions in the Court in which such action may he tried Provided that the Judges of the Supreme Court or so many of them as are for the time being authorized to make general rules for regulating proceedings in ordinary actions in the Supreme Court shall have power from lime to time to make rules and orders for regulating proceedings in the Supreme Court under this Act and from time to time to rescind alter or add to such rules and orders.

148. Unless in any case herein otherwise expressly provided all offences 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 provisons of the same may be sued for and recovered in the name of the Attorney-General or of the Registrar-General before any Court having jurisdiction for punishment of offences of the like nature or for the recovery of penalties or sums of money of the like amount.