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The Pamphlet Collection of Sir Robert Stout: Volume 88

Loss or Destruction of Grant or other Instrument; Issue of Fresh certificate of Title or Certified Copy

Loss or Destruction of Grant or other Instrument; Issue of Fresh certificate of Title or Certified Copy.

76. The duplicates of all grants and certificates of title are bound up in the register-book, each constituting a folium or page, upon which the memorials of leases, mortgages, transfers, discharges from mortgage, surrenders of leases, and all other dealings affecting that particular piece of land, are recorded. Whenever, therefore, a grant or certificate of title is lost or destroyed, a fresh certificate of title can be obtained, with all particulars, affecting the title recorded as upon the original; and such fresh certificate will be available for all purposes for which the lost or destroyed grant or certificate was available.

77. Before issuing such fresh certificate, the District Land Registrar will require the fact of the loss or destruction, with attendant circumstances, to be authenticated to him by a declaration subscribed before a Justice of the Peace, and such other evidence as the proprietor may be able to produce. The District Land Registrar will also give notice of his intention to issue such fresh certificate by advertisement in the Gazette and in the local papers.

78. The cost of the advertisement shall be about thirty shillings, and of the fresh certificate twenty shillings.

79. Upon the loss of a lease, mortgage, cueumbrance or other instrument evidencing title to a registered estate, or interest less than an estate in fee, the duplicate of the same retained in the Land Registry Office will be available for all purposes of dealing by the parties interested, and a certified copy, available as evidence in all Courts of law or equity, can be had on application, at the cost of a few shillings.

80. Proprietors desiring to procure certificates of title free from memorials and records disclosing past liabilities or transactions page 33 which have ceased to affect the land can do so upon the surrender of the existing grant or certificate; and payment of twenty shillings for each new certificate.

81. Proprietors desiring to have the land included in two or more grants or certificates represented in one certificate can do so in like manner at the same charge of twenty shillings; subject, however, to the existing regulations in respect to plans and diagrams.

82. Persons requiring to have the land included in one grant or certificate subdivided and represented under two or more separate certificates must surrender the existing grant or certificate, and supply a map of the property showing the subdivisions, authenticated by the declaration of a licensed surveyor. Twenty shillings will be charged for each certificate.