"The Land Transfer Act 1870 Amendment Act, 1871."

[14th November 1871.]

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

4. Sections sixteen twenty forty-eight one hundred and five one hundred and thirteen and so much of section one hundred and eleven of the Act as relates to the administration of oaths to Land Brokers save as to things done and interests vested under the said sections or any of them are hereby repealed.

Section fifty-nine after the word "continued" iu the fourteenth line the words "or may leave such notice on the mortgaged or encumbered land "are hereby inserted and the section shall be read and construed as if such words bad been originally inserted therein and formed part thereof.

Section ninety-seven the words "the district" are hereby-added to this section.

Section ninety-nine the words "or may execute any such instrument by attorney appointed under the common seal of such Corporation" are hereby added to this section.

Section one hundred and seven the words "Registrar-General of Land" aro hereby added lo this section.

6. All Crown lands and all lands set apart as roads or

Lands contracted to be alienated in free to be subject to Act.

for public purposes which at the time of the constitution of the Laud District within which such lands may be were unalienated by the Crown and were not the subject of page 102

[substituted for section 20, "Land Transfer Act 1870".]

subsisting contract with the Crown for alienation and all lands over which at the time of the constitiution of the Land District within which such lands may be the Native title was not extinguished shall if the same have been or when the name shall be contracted to be alienated from the Crown in fee or as to the lauds over which the Native title was not so extinguished when a Crown grant thereof is issued shall become and remain in all respects subject to the provisions of the Act.

7. The words "granted or contracted to be granted by the Crown in fee" in clause twenty-one of the Act shall be taken to have meant and to mean "alienated or contracted to be alienated from the Crown in fee."

8. Dealings with land contracted to be alienated from the Crown after the coming into operation of this Act shall until the registration of the Crown grant thereof be registered as follows: — Every receipt for the purchase-money of any such lands given by the Colonial Treasurer or any Receiver of Land Revenue shall be issued in duplicate and it shall be the duty of the person issuing the same to forward one copy thereof to the District Land Registrar of the district in which the land to which the receipt relates is situate, and every District Land Registrar shall hind up such receipts in a book to be called the "Provisional Register Book" and each receipt shall constitute a separate folium of such book and the District Land Registrar shall record thereon the particulars of all instruments dealings and other matters by the Act required to be registered or entered on the register-book affecting the land included in such receipt distinct and apart and the District Land Registrar shall also record the like particulars on the duplicate receipt except where he may dispense with the production of the same winch he is hereby authorized to do in cases similar to those in which he may dispense with the production of a duplicate grant or certificate or in cases where the land was contracted to be alienated after the' Act was brought into operation but before the coming into operation of this Act as hereinafter provided.

9. So long as land remain on the provisional register no certificate of title shall he issued in respect thereof but the memorial of every dealing affecting the whole or any part of such land shall be entered on each such receipt and every such entry shall he received in all Courts of law and equity as evidence of the particulars therein set forth and shall as against the person named in the original receipt and all persona claiming through under or in trust for him be conclusive evidence that the person named in such entry-is seized or possessed of the land therein mentioned for the estate or interest therein specified and save as hereinbefore specially provided all provisions of the Act relating to dealings with or affecting land and the registra- page 103 tion of instruments and other matters affecting land of which a grant or certificate has been registered shall so far as the circumstances of the ease will admit apply to dealings with or affecting land entered on the provisional register-book and to the registration of instruments and other matters affecting the same save that the estate or interest of a registered proprietor of land on the provisional register shall be indefeasible only against the person named in the original receipt and all persons claiming through under or in trust for him.

13. Every such certificate shall bear even date with the date of the registration of the Crown grant and for all purposes shall be considered to have been issued and registered immediately after the registration of the Crown gram and if any such certificate be issued in the name of any person who may have previously died the land comprised in it shall devolve in like manner as if the certificate had been issued immediately prior to the death of such person.

14. Save such certificates as in the two last preceding clauses mentioned no dealing with any land included in any Crown grant shall be registered subsequently to the registration of such Crown grant until the fees due for the issue and registration thereof and for the Assurance Fund have been paid and no dealing with any land included in any certificate of title shall be registered subsequently to the registration of such certificate until the fees due on such certificate have been paid.

15. No District Land Registrar shall enter on the provisional register any dealing affecting less than the whole area of the land included in any receipt unless he is satisfied that the land affected is part of the land included in such receipt and that the description and plan of the land in the instrument presented for registration are sufficient to accurately identify the same.

16. The Governor may appoint the Examiner of Titles in any district to be deputy to the District Land Registrar or the District Land Registrar to be deputy to the Examiner of Titles in case of the death illness or absence of either of such officers respectively and notwithstanding anything contained in the Act such deputy may alone exercise and perform as well the powers and duties which by the Act are to he exercised and performed by such officers separately as those which are to be exercised or performed by either of them in conjunction or concurrence with the other The Governor in any such case may in his discretion make such further provision for the due exercise and performance of such duties and powers as to him shall seem fit.

18. No District Land Registrar shall register any instrument liable to stamp duty unless the same has been duly stamped but if any District Land Registrar shall register any such instrument unstamped or stamped insufficiently page 105 such registration and such instrument shall nevertheless be as valid and effectual as if the stamp duty had been fully paid.

22. No Registrar of Deeds shall register in the Deeds

Registrar of

page 106

Deeds not to register dealing with land under Act.

Registry against any land subject to the provisions of the Act any instrument affecting or purporting to affect the same and if any such intrument shall be registered the registration thereof as regards such land shall be altogether void and of no effect The word "instrument" in this section shall bear the same meaning as in "The Deeds Registration Act 1868."

23. The Governor may from time to time as he shall think fit by Proclamation published in the Gazette alter the boundaries of any districts proclaimed or to be proclaimed under the Act and increase or diminish the number of such districts by the creation of new and the abolition of the existing districts.

21. The boundaries of the Land Registrar's District of Southland shall be deemed to be and to have been on and from the twenty-eighth day of February one thousand eight hundred and seventy-one conterminous with the boundaries of the Deeds Registration District of Southland as such Deeds Regislration District of Southland is defined in the First Schedule to a certain Proclamation hearing date the twenty-seventh day of February one thousand eight hundred and seventy-one published in the New Zealand Gazette of the second day of March one thousand eight hundred and seventy-one number fifteen.

25. The boundaries of the Land Registrar's District of Otago shall be deemed to be and to have been on and from the twenty-eighth day of February one thousand eight hundred and seventy-one February one thousand with the boundaries of the Deeds Registration District of Otago as such Deeds Registration District Otago is defined in the Second Schedule to the Proclamation last above referred to.

26. Even Society constituted or to be constituted under "The Building and Land Societies Act 1866" or any future statutory modification thereof shall forward from time to time to the District Land Registrar of every district to which its operations extend the names of the Treasurer Trustee or other officers in whom the property of the Society may by law be or become vested and also notice of the death resignation or removal of existing and the appointment of new officers also a copy of the rules of the Society Land under the Act shall be mortgaged or encumbered to such Societies only by memorandum of mortgage or encumbrance made to such officers denoted by their offical denomination and not by their own proper names and the persons in whom the property of the Society shall for the time being be vested shall be deemed to be the registered proprietors of such mortgages or encumbrances When any instrument shall be presented for registration affecting the land included in any such mortgage or encumbrance and shall purport to be executed by the persons in whom the property of the Society appears to the District Land Registrar to have been vested at the page 107 time of the execution of such instrument be shall register the same and no person claiming under any such instalment shall be affected by notice direct or constnietive that the property of the Society was not vested in the persons executing the same nor that such instrument was executed in contravention of the rules of the Society or the terms of the mortgage and no claim on the Assurance Fund shall arise from the fact that the property was not so rested or that such instrument was so executed as aforesaid.