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The Pamphlet Collection of Sir Robert Stout: Volume 88
"The Land Transfer Act 1870 Amendment Act, 1876."
"The Land Transfer Act 1870 Amendment Act, 1876."
Title
An Act to amend "The Land Transfer Act, 1870." [30th October, 1876.]
Be It Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows : —
Short Title
1. The Short Title of this Act shall be "The Land Transfer Act 1870 Amendment Act, 1876."
No claim on Assurance Fund in respect of unregistered instruments affection under provision of the Act.
2. When anv kind shall hereafter be brought under the provisions of The Land Transfer Act, 1870" (hereinafter called "the said Act"). upon the application of any person claiming to be the proprietor thereof, no person claiming any estate or interest in such land by virtue of any dead or instrument which prior to the bringing of such land under the said Act might have been registered against the same under the provisions of "The Deeds Registration Act, 1868," shall have any claim or action against the Registrar-General of Land or upon the Assurance Fund by reason of deprivation of such estate or interest occasioned by bringing such land under the said Act upon such application, unless such deed or instrument shall have been duly registered as aforesaid, or unless the Registrar shall have had actual personal knowledge affecting him with fraud, or been served personally with an express notice in writing of such deed or instrument, whether the same may or may not have been registered.
Acknowledgements married woman to be vaild if made in accordance with the provision of "The Conveyancing Ordinance Amendment Act, 1874."
3. The acknowledgment by any married woman in accordance with the provisions of the third section of "The Conveyancing Ordinance Amendment Act, 1874," of any instrument purporting to deal with her interest in land under the said Act, shall be sufficient for the purposes of the said Act; and all such instruments heretofore acknowledged as aforesaid shall be as valid and effectual as if made after the passing of this Act.
Mortgages created under provision of said Act not to be affected.
4. The provisions of "The Conveyancing Ordinance Amendment Act, 1860," and of "The Sales by Mortgagees Act, 1870," shall not extend or apply to mortgages created or to be created under the provisions of the said Act.
District Land Registrar and Exmainer of Titles.
5. It shall be lawful for the Governor, if in his opinion the circumstances of any now existing Land Registration District shall so require, to appoint the District Land Registrar of such district, if a barrister or solicitor of the Supreme Court of Now Zealand, to be also Examiner of Titles in and for the same district, and any person so appointed may hold the said offices conjointly; but in no district hereafter to be formed shall the two offices of Registrar of Land and Examiner of Titles be held by the same person.
page 111
Penalty for transaction of business by unlicensed persons.
The words "one calender month" to be substituted for "six calender months" in section 87 of "Land Transfer Act, 1870."
Receipts for the purchase money of land shall be in duplicate.
District Land Register shall include receipt in Provisional Register Book.
Act not to preclude registration of instrument required under "Center bury Education Reserves Sale and Leasing Act 1876."
Upon registration of Crown grant and transfer, District Land Registrar shall cancel grant.
No entery to be invalidated by reason of prior registration of Crown grant. Proviso.
By Authority: George Didsbeury, Goverment Printer, Wellington.
