"(No. 2)" refers to tuo Amendment Act, 1871, "(No. 3)" to Amendment Act, 1874, and "(No. 4)" to Amendment Act, 1876.
Absconding:— |
Section. |
Money paid out of Assurance Fund on account of person, may be recovered |
136 |
Absentee:— |
Agent may apply on behalf of, to bring land under Act |
21 |
Mortgage money may be paid to Colonial Treasurer on behalf of |
67 |
Traasure to pay mortgage money of, on requisition by Registrar |
114 |
How, can deal with land |
77,78 |
Limitation of action by |
135 |
Abstract of Registration :— |
|
See Registration Abstracts. |
|
Abstract of Title:— |
|
To be furnished, if required by Registrar |
22 |
Accounts:— |
|
To be rendered by Registrar of all moneys received |
106 |
Acknowledgment :— |
|
Of instrument by married woman, before whom to be taken (also sec. 3, No. 4) |
102 |
To be indorsed upon instrument of transfer |
102 |
Action :— |
|
Right of, passes with transfer |
70 |
How implied covenants declared on, in |
96 |
Damages recoverable in, against person lodging caveat without reasonable cause |
91 |
Trustee to allow beneficiary to sue or defend in his name |
118 |
By person deprived of land through error in certificate of title, Ac. |
130 |
Not to lie against registered proprietor except in certain cases |
129 |
To be brought against nominal defendant |
130, 132, 133 |
|
If nominal defendant dead or bankrupt or out of jurisdiction, Registrar-General to bo nominal defendant |
132 |
Notice of, to be given to Attorney-General and Registrar-General |
133 |
Plaintiff, if defeated, to pay costs of |
134 |
Limitation of |
135 |
Acts :— |
|
Repeal of former |
2 |
Land under repealed, to be brought under this Act |
3 |
Commencement of Amendment Act (No. 2) |
31
|
May take although not named |
4 |
His title to personal estate deceased proprietor |
85 |
To hold subject to trusts to which land is applicable by law |
87 |
Adverse Possession :— |
|
See Applicant Proprietor. |
|
Advertisements :— |
|
Fees for (No. 2) |
20 |
See Application; Foreclosure. |
|
Affirmation:— |
|
Of applicant proprietor as to value of land |
35 |
Agent:— |
|
Solicitor, or Attorney, may lodge caveat |
88 |
Amendment:— |
|
Act incorporated with Act of 1870 (No. 2) |
3 |
In sections 50,97,99, 107 (No. 2) |
5 |
In section 87 |
7 |
Annuitant:— |
|
Procedure by, on default |
50 |
See Encumbrancee. |
|
Annuity:— |
|
Covenant implied in every encumbrance by transferrce to pay |
52 |
Land intended to be charged with an mode of proceeding |
58 |
Form of memorandum of encumbrance for securing (Schedule G) |
58 |
Memorandum of encumbrance for securing, not to operate as transfer .. |
59 |
Procedure in case of default of payment of |
59 |
Person entitled to, upon default may sell the land so encumbered |
60 |
Person entitled to, may bring action for ejectment, or may foreclose |
62 |
Person entitled to, may enter and take possession, or may distrain |
62 |
Entry of satisfaction of, to be entered in register book |
66 |
Appeal :— |
|
From decision of Resident Magistrate's or District Court to Supreme Court |
122, 124 |
From decision of Supremo Court |
117 |
Applicant:— |
|
Who may be |
21 |
May require notice of application to be given to any person |
22 |
May withdraw such requirement |
28 |
When original grantee |
23 |
May direct certificate to issue to any other person |
23 |
Mode of procedure when not original grantee |
24 |
When certificate of title to be issued to |
27 |
May withdraw application |
32 |
Decease of, prior to issue of certificate of title, how certificate to issue |
34 |
To make oath as to value of land |
35 |
Heir-at-law may apply to be registered as proprietor |
86 |
Applicant Proprietor:— |
|
Certificate of title to he issued to |
27 |
Certificate of title void against the title of adverse claimant in possession rightfully entitled |
139 |
Application:— |
|
To bring land under Act (Schedule A), and by whom to be made |
21 |
Certificate of correctness of, by whom to be made |
112 |
Certificate of correctness of, penalty for making false |
112 |
What to state |
22 |
Notice of, to be given to persons named by applicant |
22,26 |
Instructions for preparing (Schedule A). |
|
Applicant to declare to truth of |
22 |
Plan of land to bo appended to |
22 |
Before whom to bo signed (Schedule A). |
|
Applicant when making, to deliver up title-deeds to Registrar |
22 |
Procedure on |
23 |
When and whero notice of, to be advertised |
24, 25, 26 |
To whom notices of, to be sent |
26 |
May be rejected |
28 |
May be withdrawn |
32 |
Of proceeds of sale by mortgagee or encumbrancee |
60 |
By heir-at-law, devisee, or tenant by the curtesy |
86 |
By heir-at-law, devisee, or tenant by the curtesy procedure on |
87 |
By heir-at-law, devisee, or tenant by the curtesy effect of, being granted |
87 |
By trustee of bankrupt |
82 |
By remainderman or reversioner |
94,95 |
Not to be received or registered unless on printed forms (No. 2) |
17 |
In what cases Registrar may excuse use of printed form of (No. 2) |
17 |
For provisional certificate of title when original is lost |
104 |
By mortgagee for foreclosure order |
126 |
Appointment:— |
|
Of Registrar-General of Land |
6 |
Of District Land Registrars |
7 |
Of Registrar-General as District Land Registrar |
8 |
Of Assistant Land Registrars |
10 |
Of Deputy Officers (also sec. 16, No. 2) |
11 |
Of Examiners of Titles |
12 |
Of Clerks and other officers |
13 |
Arrest:— |
|
Person refusing to deliver up certificate of title, upon summons, subject to |
140 |
Assign :— |
|
Or sublet, abbreviated form for expressing covenant not to |
71 |
Assigns:— |
|
May take although not named |
4 |
Assistant Land Registrar:— |
|
To be Registrar of Deeds unless Governor otherwise direct |
10 |
Powers and duties of |
10 |
Assurance Fund :— |
|
Under repealed Acts to form part of Assurance Fund under this Act |
3 |
Percentage contribution to, on land being brought under Act (Schedule P) |
35 |
Value of land, how ascertained for |
35 |
To be paid to Public Account |
35 |
Damages and costs of actions against Registrar-General as nominal defendant to be paid out of |
130, 132, 133 |
Not liable for breaches of trusts by a proprietor |
137 |
Not liable where same land included in two grants |
137 |
When liable if land included in certificate through misdescription of boundaries |
137 |
Not liable by reason of improper exercise of power of sale (No. 2) |
27 |
Limitation of liability of |
135 |
Moneys paid out of, may be recovered in certain cases |
136 |
Not liable, when disability of aboriginal native not correctly stated (No. 3) |
14 |
Not liable, when, in respect of unregistered instruments (No. 4) |
2 |
Attestation :— |
|
Of instruments |
41, 100 |
Of instruments certificate as to (Schedule N) |
101 |
Attorney:— |
|
May lodge caveat |
29,88 |
Power of (Schedule I) |
76 |
Revocation of power of |
81
|
Attorney-General:— |
Section. |
Of Registrar-General, to sue for and recover penalties or sums of money |
148 |
Auctioneer:— |
|
Certificate of licensed, that land mortgaged had been put up lor sale |
126 |
Bankruptcy :— |
|
Devolution on, of proprietor |
82 |
Trustees in, how to be registered as proprietors |
82 |
Of lessee, mortgagee's position on |
83 |
Of lessee, lessor's position on |
83 |
Of lessee, trustee's position on |
83 |
Boundaries:— |
|
Of Southland Registration District (No. 2) |
24 |
Of Otago Registration District (No. 2) |
25 |
Bringing Land Under Act :— |
|
See Application. |
|
Building Societies:— |
|
Mortgages to, how effected (No. 2) |
26 |
To forward names of officers to Registrars (No. 2) |
26 |
Cancellation:— |
|
Of instruments surrendered by applicant on issue of certificate |
33 |
Of certificate of title or grant on transfer of land |
50 |
Of registration abstract by Registrar |
79 |
Of certificate or other instrument issued in error |
140 |
Of certificate or entry in certain cases may be ordered by Court |
142 |
Of entries on annulment of order of Native Land Court (No. 3) |
12 |
Canterbury Education Reserves Sale and Leasing Act, 1876:— |
|
Receipts for land sold under, to be in duplicate (No. 4) |
8 |
Receipts for land sold under, to form folium of Provisional Register (No. 4) |
9 |
Instruments required under, to be registered (No. 4) |
10 |
See Provisional Register. |
|
Case :— |
|
Registrar may state, for opinion of Supreme Court |
116 |
Caveat:— |
|
In certain cases Registrar may enter |
19 |
Unless received within time limited, Registrar to bring land under Act |
24, 25 |
Registrar to bring land under Act if caveat not lodged |
27 |
Against application, form of (Schedule B) |
29 |
To particularize e-tate, lien, or interest |
29 |
May be lodged by party interested |
29,88 |
When to be lodged |
29,88 |
Registrar to notify receipt of, to applicant |
30 |
Must be withdrawn, or lapse, or be adjudicated upon, before application proceeded with |
30 |
Lapses in three mouths unless caveator take proceedings to establish title, and give notice thereof, or obtain injunction |
31 |
Registrar to enter particulars thereof in register book |
37 |
Registrar and Examiner may direct, to be entered for protection of others' interests against a proprietor registered under a will or on a transmission |
87 |
Forbidding signing of certificate of title |
128 |
Forbidding registration or dealing, who may lodge |
88 |
Forbidding registration or dealing, form of (Schedule M) |
88 |
Forbidding registration or dealing, particulars to be stated in |
88 |
Forbidding registration or dealing, by whom to be signed |
88 |
Forbidding registration or dealing, to contain address forserviceof notices |
88 |
Forbidding registration or dealing, service of |
88
|
Forbidding registration or dealing, notice of, to be given by Registrar |
89 |
Forbidding registration or dealing, person lodging, may be summoned to show cause |
89 |
Forbidding registration or dealing, order may be made thereon |
80 |
Forbidding registration or dealing, when expires |
89 |
Forbidding registration or dealing, while in force no entry to be made in register book relating to any dealing |
90 |
Liability of person lodging, without reasonable cause |
91 |
Persons with notice omitting to lodge, nonsuited in action for damages |
135 |
Persons with notice omitting to lodge, or where they allow to lapse |
135 |
Certificate:— |
|
Of sworn valuator to be conclusive evidence of value of land for assurance |
35 |
Of entry of memorial, evidence of registration |
44 |
Of Registrar, Justice of the Peace, &c., taking declaration of attesting witness (Schedule N) |
101 |
Of acknowledgment of execution of instrument (Schedule O) |
101 |
Of correctness of application or instrument to be made |
112 |
Of correctness penalty for making false |
112 |
Certificate of Title:— |
|
Included in the term "Instrument" |
4 |
Errors in, may be corrected |
19 |
When applicant original grantee |
23 |
When to be issued in other cases |
27 |
In case of decease of applicant |
34 |
To be bound up in register book, and to constitute a separate folium of such book |
37 |
To be in duplicate |
38 |
Form of (Schedule C) |
38 |
Duplicate of, how dealt with |
37,38 |
If issued to person under disability, such disability to be stated |
38 |
Proprietor entitled to |
38 |
What particulars to be noted on, before issue |
38 |
When scaled and signed, evidence |
29, 120 |
To be conclusive evidence of title in all Courts |
39 |
Not to be impeachod for informality or want of notice of application |
39 |
Registered when embodied in register book |
40 |
Memorial of any instrument to be recorded on, and to be conclusive evidence |
44 |
Exceptions and qualifications implied in |
46 |
Of registered proprietor paramount |
46 |
On transfer of land in form of Schedule D, proprietor may refer for description to |
48 |
To be delivered up and wholly or partially cancelled when transfer registered (also sec. 20, No. 2) |
50 |
Fresh, to be made out when required for untransferred portion of land |
51 |
Fresh, not necesary when whole land included in transfer (No. 2) |
20 |
Transferree entitled to |
51 |
On transfer, to be cancelled, and fresh one issued to purchaser |
51 |
Cancelled, to be retained by Registrar |
51 |
To refer to the original grant, and to the memorandum or other instrument of transfer |
51 |
Of any untransferred land, to be issued to proprietor when demanded, or to a transferree thereof |
51 |
Instrument of lease, to identify land, shall refer to |
53 |
Instrument of mortgage, to identify land, shall refer to |
58 |
Purchaser of mortgaged or encumbered estate to receive a |
61 |
Entry of satisfaction of annuity to be endorsed on |
66 |
Issue of registration abstract to be endorsed on |
77
|
Shall bo delivered up to Registrar if any transfer of land has taken place under registration abstract |
79 |
To enter on, marriage of female proprietor, stating when, where, and to whom married |
84 |
Heir-at-law or devisee may apply to Registrar for |
86 |
Granted to heir or devisee or other person on a transmission |
87 |
To devisee or heir-at-law, proceedings prior to signing |
128 |
Bar to action for possession |
129 |
Tenants iu common to have separate |
93 |
Where production of duplicate may be dispensed with |
97 |
Proprietor may obtain single certificate in place of several |
103 |
Upon issue of fresh, previous grant or certificate to be cancelled |
103 |
Provision in case of lost |
140,141 |
Errors in |
130 |
Who liable for errors in |
133 |
Not to issue while land on provisional register (No. 2) |
9 |
Void against title of adverse claimant in possession rightfully entitled |
139 |
Valid against any other person's title |
139 |
Mode of proceeding when issued in error or land misdeseribed |
140, 141 |
Mode of proceeding when fraudulently obtained |
140,141 |
Fresh, to issue to proprietor |
141 |
Court or Judge may order Registrar to cancel |
142 |
For land on provisional register to issue to transferree upon receipt of grant by Registrar (No. 2) |
12 |
To bear even date with registration of Crown grant (No. 2) |
13 |
Interests noted on, when land brought under Act, how to be dealt with (No. 2) |
21 |
See Registered Proprietor; Duplicate Instruments. |
|
Certified Copies:— |
|
See Copies. |
|
Cestui Que Trust.:— |
|
May bring action in name of trustee |
118 |
Chose in Action:— |
|
Passes with transfer |
70 |
Clerks:— |
|
Appointment of |
13 |
Actions to be brought against Registrar-General for mistakes of |
133 |
Commencement :— |
|
Of Land Transfer Act by proclamation of districts |
5 |
Of Amendment Act (No. 2) |
31 |
Commissioner of Crown Lands:— |
|
His duty on issuing Crown grants (No. 2) |
11 |
Committee:— |
|
Or guardian of lunatic or person of unsound mind may make application to bring land under Act |
21 |
Compensation :— |
|
To parties deprived of land by fraud or error |
130 |
See Action. |
|
Consular Officer:— |
|
Interpretation of term |
4 |
Conveyance :— |
|
Included in the term "instrument" |
4 |
Conveyancing Ordinance Amendment Act, 1860:— |
|
Provisions of, not to apply to mortgages under Act.(No. 4) |
4 |
Conveyancing Ordinance Amendment Act, 1874:— |
|
Provisions of, as to acknowledgments by married woman to apply (No. 4) |
8 |
Conviction :— |
|
Not to affect civil remedy |
146
|
Certified, of registered instruments to be furnished by Registrar |
109 |
Certified, signed, and sealed, to be received in evidence |
109 |
Of instruments attested, declaring trusts, may be deposited for safe custody and reference, but not registered |
72 |
Corporation :— |
|
Seal of, substituted for signature |
99 |
May execute by attorney (No. 2) |
5 |
Costs :— |
|
In actions against Registrar-General, to be paid out of Assurance Fund |
130, 132, 133 |
Court :— |
|
See Supreme Court. |
|
Covenants:— |
|
Implied in instruments |
42 |
Implied in transfer of equity of redemption |
52 |
Implied in lease |
55 |
Implied in mortgages |
68 |
Implied short forms of, in leases |
71 |
Implied short forms of, in mortgage |
71 |
Implied may be negatived or modified |
96 |
Implied how declared on |
96 |
Implied construed to be several |
96 |
Implied to be several and not joint |
96 |
Crown Grant:— |
|
See Grant. |
|
Crown Lands :— |
|
What, and when to he subject to provisions of Act (Repealed by sec. 20, No. 2, which see.) |
20 |
Future maps of, to be in duplicate, and one copy deposited in Registry Office |
106 |
Secretary for, to certify to accuracy of such maps |
106 |
Commissioner of, his duty on issuing grunts (No. 2) |
11 |
Cultivate :— |
|
Abbreviated form for expressing covenant to |
71 |
Curator of Intestate Estates:— |
|
Title of, to personal estate of deceased proprietor |
85 |
To hold subject to trusts to which land is applicable by law |
87 |
Order of Court authorizing to take charge of real estate |
98 |
Cut Timber:— |
|
Abbreviated form for expressing covenant not to |
71 |
Damages:— |
|
May be recovered by person sustaining through any error or mistake. |
112 |
To be recovered out of Assurance Fund |
130 |
Purchaser or mortgagee, bonâ fide, protected from |
130 |
Action for, in certain cases, may be brought against Registrar-General as nominal defendant |
133, 134 |
Date :— |
|
Of certificates of title (No. 2) |
13 |
On which Amendment Act to come into operation (No. 2) |
31 |
Death:— |
|
Of applicant or nominee before issue of certificate of title |
34 |
See Devolution. |
|
Dealings :— |
|
Interpretation of term (No. 2) |
Interpretation of term (No. 3) |
2 2 |
Interpretation of term (No. 3) |
2 |
Prior to issue of Crown grant, how registered (Repealed by sec. 8, No. 2, which see.) |
105
|
Provisions of Art to apply to land on provisional register (No. 2) |
9 |
Noted on filed receipts under sec. 103 of Act to be deemed duly registered (No. 2) |
10 |
Affecting less than whole area included in receipt (No. 2) |
15 |
With outstanding intereits after land brought under Art (No. 2) |
21 |
Registration abstract for, out of the colony |
77 |
Declaration : — |
|
In action for brench of covenant, how framed |
96 |
In case of lost grant or certificate |
104 |
Person making false, guilty of perjury |
144 |
Deeds :— |
|
Registrar of not to register instruments affecting land subject to Act .(No. 2) |
22 |
Such registration, if made, void (No. 2) |
22 |
See Instruments. |
|
DEFAULT :— |
|
In payment of principal sum or interest secured by mortgage or encumbrance |
59 |
In case of, mortgagee or cucumbraucee may enter and take possession, or may distrain |
62 |
Mortgagee may apply for order for foreclosure upon |
126 |
Deputy Officers :— |
|
Appointment of (also sec. 16, No. 2) |
11 |
Powers, duties, and responsibilities of |
11 |
Oath of office to be taken by certain (Repealed by sec. 4. No. 2) |
16 |
Devisee :— |
|
May apply to be registered |
86 |
Procedure on such application |
87 |
Title of, when registered |
87 |
What necessary to be done before registering any person as, or signing certificate of title to |
128 |
Devolution :— |
|
On bankruptcy |
82 |
On intestacy |
85 |
On death (No. 2) |
13 |
Disability:— |
|
Registrar may enter caveat for person labouring under |
19 |
If certificate of title issued to person under, disability to be stated |
38 |
Assurance Fund not liable when, not correctly stated (No. 3) |
14 |
Discharge:— |
|
Of mortgage and encumbrances |
65,67 |
Discontinuance — |
|
Of action, Registrar-General, as nominal defendant, entitled to costs on |
134 |
Distraint:— |
|
By mortgagee or cumbrancer |
62 |
By mortgagee or cucumbraucee for rent |
62 |
Districts: — |
|
Governor may alter boundaries or increase number of (No. 2) |
23 |
District Land Registrars:— |
|
Appointment of |
7 |
To have a seal |
9 |
To stamp forms |
18 |
Instruments bearing seal of, receivable in evidence |
9 |
To take oath of office (Repealed by sec. 4, No. 2) |
16 |
Deputy to take oath of office (Repeated by sec. 4. No. 2) |
16 |
Questions as to performance of duties of |
17 |
Disputes with Examiner of Titles |
17
|
Powers of |
19 |
May require applicant proprietor and others to produce deeds |
19 |
May summon applicant proprietor and others to giro explanations |
19 |
His course of procedure if they refuse |
19 |
May administer oaths and lake declarations |
19 |
May correct errors and supply entries |
19 |
May enter caveats for persons under disability, or on behalf of the Queen, or when land misdescribed, or to prerntt frand |
19 |
To keep register book |
37 |
To retain cancelled or partially-cancelled certificates and grants |
51 |
May be appointed trustee |
73 |
May be directed to lodge caveats for protection of others' interests where proprietor is registered under a will or on transmission |
87 |
To keep accounts |
114 |
May be summoned to show cause for refusing to do anything prescribed by Act |
115 |
Expense of proceedings |
115 |
May state case for opinion of Supreme Court |
116 |
To give effect to order of Court |
117 |
On production of certificate of Court or Judge that principal and interest money tendered and refused by mortgagee, to discharge mortgage |
123 |
Actions against Registrar-General for mistakes of . |
133 |
Immunity of, for acts done bonâ fide |
138 |
Mode of proceeding when certificate of title issued in error |
140 |
Mode of proceeding when land misdescribed |
140 |
Mode of proceeding when certificate of title wrongfully detained |
140 |
To issue fresh certificate of title if summons cannot be served |
141 |
Governor may appoint Examiner to be deputy to, in certain eases (No. 2) |
16 |
Powers of deputy (No. 2) |
16 |
Not to receive or register instruments till stamp duty paid (No. 2) |
18 |
Mode of proceeding when whole of land included in certificate of title or grant transferred (No. 2) |
20 |
Not liable for improper exercise of power of sale (No. 2) |
27 |
May be appointed Examiners of Titles in certain cases (No. 4) |
5 |
Dower |
38 |
Duplicate Grants and Certificates:— |
|
To be bound up |
37 |
Memorial to be entered on |
44 |
When production of, may be dispensed with |
97 |
Transferror to make affidavit that, not deposited as security |
97 |
Easements:— |
|
Included in the term "Land" |
4 |
Memorial of instrument creating, to be registered |
49 |
How created and transferred (No. 2) |
19 |
Ejectment:— |
|
Of lessee or tenant |
124 |
Summons for |
124 |
Service of |
125 |
Not to lie against registered proprietor except in certain cases |
129 |
See Recovery of possession. |
|
Encumbrance:— |
|
Interpretation of the term |
4 |
Noted on certificate of title when land first brough under Act, how to be dealt with (No. 2) |
21 |
How made (Schedule G) |
58 |
Effect of |
59 |
Procedure in ease of default |
59 |
Power of sale |
60
|
Discharge of |
65 |
Entry of satisfaction of |
66 |
Transfer of |
69 |
Excumbrancee: — |
|
Interpretation of term |
4 |
Shall be deemed to include the heirs, executors, administrators, and assigns of such person |
4 |
May give notice, and how (also sec. 5, No. 2) |
59 |
His power of sale |
60 |
Effect to be given to sale by |
61 |
May take possession |
62 |
May distrain |
62,63 |
Liability of, to lessor on entering into possession of leaseholds |
64 |
Proceedings by, for recovering possession |
122 |
Encumbrancer :— |
|
Interpretation of term |
4 |
Shall be deemed to include the heirs, executors, administrators, and assigns of such person |
4 |
Previous to sale, notice in writing to be given by encumbrancee to |
59 |
Endorsement:— |
|
See Indorsement. |
|
Entry:— |
|
Instruments not effectual until, by Registrar in register book |
54 |
Of satisfaction of annuity to be made hv Registrar and endorsed on the grant or certificate of title |
66 |
Equity, Court of:— |
|
May give effect to trusts |
70 |
Equity of Redemption:— |
|
After sale of land by order of Registrar and Examiner, mortgagor barred from all right and |
127 |
Erasure:— |
|
Person fraudulently procuring, to be made in register book, instrument, or form, guilty of misdemeanour |
143 |
Errors :— |
|
In eertificates and register book how to be corrected |
19 |
Or omissions made by Registrar not to affect title |
39 |
Effect of |
130,131 |
|
Mode of procedure in case of |
140 |
Estate :— |
|
Of registered proprietor paramount against an unregistered estate |
46 |
Evidence :— |
|
Certificate of title to be conclusive |
39 |
Certified copies of instruments receivable in |
109 |
Memorial of dealings entered on provisional register (No. 2) |
9 |
Memorial of transfer (No. 2) |
20 |
Of sworn valuator, when required |
35 |
See Certificate of Title; District Land Registrar. |
|
Examiners of Titles:— |
|
Appointment of |
12 |
Qualification of |
12 |
Not to practise |
16 |
Question as to performance of duties, to be referred to Registrar-General |
17 |
To report upon title of applicants |
23 |
And Registrar may state case for opinion of Supreme Court |
116 |
Governor may appoint District Registrar to be deputy to (No. 2) |
16 |
Powers of deputy (No. 2) |
16 |
Governor may appoint District Land Registrars to be (No. 4) |
5
|
Execution of Instruments:— |
|
Before whom to be proved |
100 |
Mode of proving (Schedules N and 0) |
101 |
Executor or Administrator :— |
|
May take estate although not named |
4 |
Title of, to personal estate of deceased proprietor |
85 |
To hold subject to trusts to which land applicable by law |
87 |
Exemplification of Will:— |
|
Included in the term "Instrument" |
4 |
Father:— |
|
Of infant may make application to bring land under Act |
21 |
Fees :— |
|
Scale of (Schedule P), (Repealed by see. 4, No. 2) |
113 |
In Schedule P to be charged till modified (No. 2) |
29 |
To be levied for assurance of title |
35 |
Chargeable by Land Brokers (Schedule Q) |
111 |
For searching register book |
110 |
To bo paid into Public Account |
114 |
To be paid before dealings registered (No. 2) |
14 |
Registrar-General may make regulations with reference to (No. 2) |
29 |
Registrar-General may fix fees for advertisements (No. 2) |
29 |
Fee-Simple:— |
|
Any person claiming in, may apply to bring land under the provisions of the Act |
21 |
Felony:— |
|
What acts constitute |
144 |
Punishment of |
145 |
Conviction for, not to affect civil remedy |
146 |
Fence :— |
|
Abbreviated form for expressing covenant to |
71 |
Foreclosure :— |
|
By mortgagee or encumbrancee in case of default |
62 |
General provisions relative to |
126,127, 128 |
Forms :— |
|
See Schedule. |
|
In Schedule may be altered to suit circumstances |
4 |
To be supplied to Registrars by Registrar-General |
18 |
To be stamped by Registrars |
18 |
Registrar-General may fix moderate price for |
18 |
Persons may be licensed to print and sell |
18 |
Registrar-General, with consent of Governor, may alter |
18 |
Sealed, taken to be in legally authorized form |
18 |
To be in accordance with the Act |
47 |
Printed, to be used (No. 2) |
17 |
Of transfer may be modified in certain cases |
92 |
Fraud:— |
|
Registrar may enter caveat to prevent |
19 |
Estate of registered proprietor paramount, except in case of |
46 |
Effect of, when dealing with registered proprietor |
119 |
Knowledge of unregistered interest not to be imputed as |
119 |
Action for damages on account of |
130 |
Any person obtaining or retaining instrument by, may be summoned by Registrar before Supreme Court |
140 |
Gardens :— |
|
To be included in the term "Land " |
4 |
Gazettes :— |
|
See Application; Foreclosure. |
|
To constitute Land Registrars' Districts |
5 |
To appoint Registrar-General of Land |
6 |
May appoint Assistant i and Registrars |
10 |
To appoint Clerks and other officers |
18 |
To appoint Examiners of Titles |
12 |
In Council to appoint fees to be charged |
113 |
Regulations as to payment of moneys to be made by |
114 |
May appoint Examiner of Titles to ho Deputy Registrar, and vice versa |
16 |
May alter boundaries of existing and create new distriets (No. 2) |
23 |
In Council to sanction regulations made by Registrar-General (No. 2) |
29 |
May apoint District Land Registrars to be also Examiners of Titles (No. 4) |
5 |
Grant:— |
|
Interpretation of term |
4 |
To be in duplicate (also sec. 11, No. 2, and sec. 11, No. 3) |
41 |
Duty of Commissioner of Crown Lands on issuing (No. 2) |
11 |
Duplicate of, to be hound up in register book |
37 |
To be deemed registered when embodied in register book |
40 |
To be delivered up and wholly or partially cancelled when transfer registered (see 20, No. 2) |
50, 51 |
When transfer includes whole of land in, need not be cancelled (No. 2) |
20 |
Where production of duplicate may be dispensed with |
97 |
Registered proprietor may surrender existing and obtain fresh certificate or certificates of title in lieu thereof |
103 |
Provision in case of lost |
104 |
Dealings may he registered prior to issue of (Repealed by sec. 4, No. 2) |
105 |
Dealings how to be registered before registration of (No. 2) |
8, 10 |
Registered, bar to action for possession |
129 |
Where land included in two or more grants, action for damages may be brought against such person as Governor may appoint |
130 |
How to proceed when such person dead |
132 |
Errors in, how to be remedied |
140 |
Person wrongfully detaining |
110 |
Entries on provisional register to he transferred to, when issued (No. 2) |
12 |
If land has been transferred by grantee, certificate of title to be issued (No. 2) |
12 |
Certificate to bear even date with registration of (No. 2) |
13 |
When not necessary to register in Deeds Registry (No. 2) |
28 |
Of land in memorial of ownership, when to be issued (No. 3) |
13 |
See Duplicate Instruments. |
|
Grantee :— |
|
Application by, to bring land under the Act |
23 |
Guardian:— |
|
Of infant may make application to bring land under Act |
21 |
Or committee of any lunatic or person of unsound mind may make like application |
21 |
Heir :— |
|
May take although not named |
4 |
At-law, contribution to Assurance Fund by (Schedule P) |
35 |
May apply to he registered |
86 |
Procedure on such application |
87 |
His title |
87 |
What necessary to be done before registering any person as |
128 |
Hereditaments :— |
|
Included in the term "Land" |
4 |
Husband and Wife:— |
|
Huaband may be registered as co-proprietor with wife |
84 |
Husband may transfer to wife and wife to husband |
92 |
Tenant by the curtesy |
94 |
Upon death of either, survivor entitled to be registered as proprietor |
94
|
Implied Covenants:— |
Section |
Covenants in every instrument to be |
42 |
By tbe transferree of land |
62 |
In every lease against the lessee |
55 |
Powers in every memorandum of lease in lesior |
56 |
May be modified or negatived |
96 |
To bo several and not joint |
96 |
Incorporeal:— |
|
Rights and casements to be entered by Registrar |
49 |
Indemnity:— |
|
By transferrec to transferror of any mortgage or encumbrance |
52 |
Indorsement:— |
|
By Registrar on every instrument of title of the date and hour of entry in register book |
43 |
Lease, with concurrence of lessor, may be surrendered by |
64 |
Infant:— |
|
Land of, how brought under Act |
21 |
Ago of, to be stated in certificate of title |
38 |
Registrar may enter caveat on behalf of |
19 |
Limitation of action by |
135 |
Injunction:— |
|
Supreme Court may grant, against bringing land under the Act |
31 |
Insolvency:— |
|
See Bankruptcy. |
|
Insolvent:— |
|
Moneys paid out of Assurance Fund on account of, may be recovered |
136 |
Inspection:— |
|
Of documents by Registrar prior to bringing land under the Act |
19 |
Of land by mortgagee, covenant to be implied in every memorandum of mortgage |
68 |
Instrument(S) :— |
|
Interpretation of term (also see. 22, No. 2) |
4 |
Sealed with official seal, evidence |
9 |
Of title to be surrendered by applicant to Registrar |
22 |
To be returned to applicant on withdrawing application |
32 |
To be cancelled and retained when certificate of title issued |
33 |
If relating to other property, to be partially cancelled and returned to applicant |
33 |
When Registrar bound to produce cancelled |
83 |
To be deemed registered as soon as a memorial shall have been entered in the register book |
40 |
To be in duplicate |
41 |
To be attested |
41 |
Order of registration |
41 |
Effect of registration |
41 |
Priority of, when two presented for registration |
45 |
Covenant implied in every |
42 |
Memorial to be entered on duplicates of |
44 |
Not effectual until registered |
45 |
Registered, land included in, subject to exceptions and qualifications |
46 |
Not to be registered unless in prescribed form |
47 |
Covenants to be implied in |
52 |
Declaring trust may be deposited with Registrar, but not entered in register book |
72 |
Seal of Corporation substituted for signature to |
99 |
Attested by one witness shall be held to be duly attested |
100 |
Execution of, before whom may be proved |
100 |
Mode of proving execution of |
101 |
Executed by married women not to be registered until acknowledged |
102
|
Acknowledgment to be endorsed on |
102 |
Registrar to furnish certified copies of which shall be received in evidence |
109 |
If issued in error, remedy for |
140 |
Persons refusing to deliver up, may he arrested |
140 |
Court may order the delivery of, to Registrar |
141 |
Not to be received or registered unless on printed forms (No. 2) |
17 |
When Registrar may excuse use of printed forms (No. 2) |
17 |
Informal, when they may be registered (No. 3) |
7 |
Insure :— |
|
Abbreviated form for expressing covenant to |
71 |
Interest :— |
|
Covenant implied in every mortgage by transferree to pay |
52 |
Interests :— |
|
Outstanding, in land, when brought under Act, how to be dealt with (No. 2) |
21 |
Interpretation Clauses:— |
|
Of certain terms &c in the Act (also sections 2 and 7, No. 2, and sec. 2, No. 3) |
4 |
Intestacy:— |
|
Executors, or administrators, or curator upon entry to be deemed registered proprietor |
85 |
Intestate Proprietors:— |
|
Transmission of estate of |
85 |
Joint Proprietors:— |
|
How survivorship among trustees may be barred |
74 |
To have sanction of Supreme Court before land can by dealt with by a less number than the original proprietors |
74 |
Proprietor may vest estate jointly in himself and others |
92 |
Are joint tenants |
93 |
Registration of survivor of |
94 |
Judge:— |
|
Of the Supreme Court.
See Supreme Court. |
|
Judgments:— |
|
See Writ. |
|
Jurisdiction :— |
|
Of Courts |
148 |
Justice of the Peace:— |
|
Execution of instruments may bo proved before a |
100 |
Certificate of, on execution of instrument (Schedules N and O) |
101 |
Land :— |
|
Interpretation of the term |
4 |
Under repealed Acts to be brought under the Act |
3 |
Alienated or contracted to bo alienated from the Crown after commencement of Act to be subject to its provisions when granted (repealed by sec. 6, No. 2) |
20 |
Alienated for public purposes to come under Act when granted (repealed by sec. 6, No. 2) |
20 |
To be subject to Act when contracted to be alienated from Crown (No. 2) |
6 |
Who may apply to bring land under Act |
21 |
Granted prior to commencement of Act may be brought under its provisions |
21 |
Undivided shares in, when mortgaged, may not be brought under Act except upon certain conditions |
21
|
First brought under provisions of Act liable to a percentage for assur-ance of title |
35 |
Value of, how lo bo estimated when first brought under Act |
35 |
Certificate to be given to proprietor of unsold portion of |
51 |
Under the provisions of the Act how leased |
53 |
How mortgaged or oncum bored |
58 |
May be dealt with prior to issue of grant (repealed by sec. 8, No. 2) |
105 |
Provisional register constituted for dealings prior to issue of grant (No. 2) |
8,9,10 |
Land Brokers:— |
|
Registrar-General to license |
111 |
To give security |
111 |
To take oath (repealed bv sec 4, No. 2) |
111 |
Scale of charges to be made by (Schedule Q) |
111 |
Liable in damages for negligence, & c. |
112 |
Penalty for acting as, without license (No. 4) |
6 |
Landlord:— |
|
See Lessor. |
|
Land Registrar:— |
|
See District Land Registrar. |
|
Land Registrars' Districts:— |
|
Governor lo constitute |
5 |
Name to be given to |
5 |
When to be constituted in North and Middle Islands |
5 |
Boundaries of Southland (No. 2) |
24 |
Boundaries of Otago (No. 2) |
25 |
Lease :— |
|
Reversion expectant on, not to be extinguished |
36 |
How made |
53 |
Form of (Schedule E) |
53 |
Covenant to purchase land may be inserted in |
53 |
When not binding against mortgagee or encumbraneee |
53 |
May he surrendered by endorsement |
54 |
Mortgagee must consent to surrender of |
54 |
On entry of surrender of, land to re-vest in lessor |
54 |
Covenants implied in |
55 |
Powers implied in |
56 |
Re-entry and recovery of possession by lessor |
57 |
Liability of mortgagee if he enter into possession |
64 |
Transfer of (Schedule II) |
69 |
Transfer of, transfers right to sue |
70 |
Short forms of covenants in |
71 |
Implied covenant or power may be negatived or modified |
96 |
Position of mortagee when lessee bankrupt |
83 |
Devolution on death of lessee |
85 |
Where production of duplicate may be dispensed with |
97 |
Mortgagee of, not in possession, may pay rent and perform covenats |
121 |
Bar to action for possession |
129 |
Lessee:— |
|
Term to include heirs, executors, administrators, and assigns .. |
4 |
Covenants to be implied in every lease against |
55 |
Notice may be served upon, by lessor, of repairs required |
56 |
Liability of, for breaches of covenant prior to re-entry or recovery of possession by lessor |
57 |
Bankruptcy of |
83 |
Lessor (Or Landlord) :— |
|
Term to include heirs, executors, administrators, and assigns |
4 |
On leasing land shall execute a memorandum of lease in form E |
53 |
Powers implied in, in every memorandum of lease |
50 |
Re-entering, Registrar to enter particulars thereof in register book |
57 |
In what cases, may obtain possession |
122
|
Letters :— |
Section |
Containing notices forwarded through Post Office to be registered |
26 |
By post to be marked outside "Lands Registry Office " |
26 |
Of administrtion of deceased proprietor to be produced to Registrar |
85 |
Liberties:— |
|
Included in the term "Land" |
4 |
Licensed:— |
|
Persons may be, by Registrar-General, to print and sell forms required by Act |
18 |
Surveyors.
See Surveyor. |
|
Land Brokers
See Land Brokers. |
|
Life Estate:— |
|
Persons clasining, may apply to bring land under Act |
21 |
Owner of, may apply to be registered |
94 |
Limitation:— |
|
Of action |
135 |
Lost Certificate:— |
|
Provision in case of |
104 |
Lunatic:— |
|
Interpretation of term |
4 |
Lands of, how brought under Act |
21 |
Registrar may enter caveat for protection of |
19 |
Limitation of action by |
135 |
Maps :— |
|
Included in the term "Instrument" |
4 |
Future public, to be in duplicate, and duplicates to be deposited in Registry Office of district where lands are |
106 |
Of subdivisions to be deposited with Registrar |
107 |
Accuracy of, to be declared to by licensed surveyor.. |
107 |
Registrar may require proprietor to deposit |
108 |
Subsequent subdivisions may be delineated or deposited |
108 |
Scale on which to he made |
108 |
Marriage :— |
|
Of female proprietor to be certified by Registrar |
84 |
To be entered in register book and on instrument evidencing title |
84 |
Married Woman:— |
|
May make application with consent of her husband |
21 |
May hold land for separate use |
85 |
Instruments executed by, to be acknowledged |
102 |
Acknowledgments by, before whom to he taken (also sec. 3, No. 4) |
102 |
Memorial:— |
|
Entry of, constitutes registration |
40 |
To state the nature of instrument, &c. |
43 |
When production of duplicate instruments for entry of, dispensed with, Registrar to notify same in register book |
97 |
To be entered on duplicate instrument |
44 |
Entries in, may be cancelled by order of Court or Judge, and fresh ones made |
142 |
To be entered on receipt, and to be evidence (No. 2) |
9 |
Messuage:— |
|
Included in the term "Land" |
4 |
Minerals:— |
|
Included in the term "Land' |
4 |
Mines:— |
|
Included in the term "Land' |
4 |
Minor:— |
|
Father, mother, or other guardian of, may make application to bring land under Act |
21 |
If certificate of title be issued to a, such disability to be stated |
38
|
Misdemeanours:— |
Section. |
What are |
81, 148 |
Punishment of |
81, 143 |
Conviction for, not to affect civil remedy |
146 |
Misdescription:— |
|
Of any right-of-way or other casement |
46 |
Remedy of person deprived of land through |
130 |
Assurance Fund not liable in cases of |
137 |
Moneys:— |
|
Paid out of Assurance Fund on account of deceased or insolvent persons may be recovered by Registrar-General |
136 |
Mortgage:— |
|
Interpretation of terra |
4 |
Unsatisfied, person interested in any |
25 |
How made |
58 |
Form of (Schedule F) |
58 |
Not to operate as a transfer of land |
59 |
Procedure in ease of default (also see. 5, No. 2, nnd sec. 4, No. 4) |
59 |
Power of sole |
60 |
Application of purchase-money |
60 |
Discharge of |
65, 66, 67 |
Money may bo paid to Colonial Treasurer |
67,123 |
Covenants implied in |
68 |
Transfer of (form Schedule H) |
69 |
Short forms of covenants in |
71 |
Transmission of, by will or intestacy |
85 |
To Building Societies (No. 2) |
26 |
Mortgagee:— |
|
Interpretation of term |
4 |
When, may Apply to have land brought under Act |
21 |
Must consent to surrender of lease |
54 |
Procedure by on default (see sec. 1. No. 1) |
59 |
May give notice to mortgagor to pay mortgage money |
59 |
How notice to be given (also sec. 5, No. 2) |
59 |
His power of sale |
60 |
Receipt of, a sufficient discharge |
60 |
Effect to bo given to sale by |
61 |
Of lease, position of, if lessee bankrupt |
83 |
Of lease, right of, not to be barred |
121 |
May take possession |
62 |
May distrain |
62,63 |
May eject |
62 |
May foreclose |
62 |
Liability of, on entering into possession of leaseholds |
64 |
Powers implied in every memorandum of mortgage in |
68 |
Moneys of absent, in Treasurer's hands, how to be paid out |
114 |
Recovery of possession by |
122 |
Bonâ fide, for valuable consideration, protected |
131 |
Mortgagor:— |
|
Interpretation of term |
4 |
Application by, to bring land under Act must be made with consent of mortgagee |
21 |
May in case of refuse of morigagee to receive, pay principal money and
[
unclear: latetest] to Colonial Treasurer |
123 |
Native Land:— |
|
When under Act, on registration of grant (No. 3) |
4 |
When under Act, on order of Court (No. 8) |
9 |
On registration of grant, to what the estate of grantees subject (No. 3) |
5 |
On registration of grant, duties of District Land Registrar (No. 3) |
6
|
Informal instruments, when they may be registered (No. 3) |
7 |
Validation of former Acts (No 3) |
8 |
Order of Court to form folium of Provisional Register (No. 3) |
10 |
Order of Court effect of annulment of (No. 3) |
12 |
Legal estate, when to vest (No. 3) |
13 |
See Assurance Fund, Cancellation. Grant, Provisional Register. |
|
Negligexce:— |
|
Liability of Solicitors, Land Brokers, and others for |
112 |
Nominal Defedant:— |
|
Governor may appoint person to be |
130 |
Registrar-General to he, in certain cases |
130,132 |
No Survivorship:— |
|
Operation of words when inserted in transfer or other instrument |
74 |
Order relieving against such operation, how obtained, and to be acted on |
75 |
Notice:— |
|
Of application to bring land under Act to be advertised |
24, 25, 26 |
Of application to be given to persons named In applicant |
25 |
Of application to be given to perso named by Registrar and Examiner |
26 |
Service of |
26 |
Of application to be published under order of Supreme Court |
26 |
Applicant may require personal service of, . |
22, 25 |
Mode of procedure when, returned unserved |
28 |
Certificate of title not to be impeached on on ground of want of |
39 |
To pay mortgage money how to be served (also sec. 5, No. 2) |
59 |
Of trust not to appear on register book |
72 |
To be given before order made for persons other than the proprietors registered with the words "No survivorship" to deal with the land |
75 |
Of trusts not to affect dealings with registered proprietor |
119 |
Of application by heir-at-law, devisee, or other person to be given |
87 |
Of caveat to be given by Registrar |
89 |
How to be served |
88 |
Of intention to register dealing when to be advertised |
97 |
Of action against Registrar-General to be given |
133 |
Of intention to sign certificate of title or foreclosure order to be given by Registrar |
128 |
Person havning, of application, and omitting to caveat or allowing caveat to lapse, to be nonsuited in action for damages |
135 |
Oath:— |
|
To be taken by Registrars and Deputies (repealed by see. 4, No. 2) |
16 |
To be taken by land brokers (repealed by sec. 4, No. 2) |
111 |
Person summoned before Court may be examined on |
141 |
Person making false, guilty of perjury |
144 |
Punishment for making false |
145 |
Offences:— |
|
What deemed misdemeanours |
143 |
What constitute felonies |
144 |
How prosecuted |
148 |
Officers Appointed Under Act:— |
|
To hold office during Governor's pleasure |
14 |
Salaries of |
14 |
Removal of |
14 |
May hold any other office under Government |
15 |
Actions against Registrar-General for mistakes of |
133 |
Immunity of |
133 |
Order:— |
|
Of Native Land Court to form folium of Provisional Register (No. 3)
See Court, |
10
|
Otago:— |
Section. |
Boundaries of Land Registrar's District (No. 2) |
25 |
Parcels:— |
|
Remedy for wrong description of |
130,133 |
|
Errors in, how corrected |
19,140 |
Penalties:— |
|
For refusing to produce instruments to Registrar |
19 |
For refusing to surrender power of attorney to proprietor exhibiting revocation order |
81 |
For making false certificate on applimtion or other instrument |
112 |
How recoverable |
148 |
For transaction of business by unlicensed persons (No. 4) |
6 |
Perjury:— |
|
Punishment for |
144 |
Person of Unsound Mind:— |
|
Interpretation of term |
4 |
Lands of, how brought under Act |
21 |
Registrar may enter caveat on behalf of |
19 |
Limitation of action by |
135 |
Plan:— |
|
To be appended to application |
22 |
Of subdivisions to be deposited |
107 |
Accuracy of, to be declared to by licensed surveyor |
107 |
Registrar may require proprietor to deposit |
108 |
Subsequent subdivisions may be delineated on deposited |
108 |
Possession:— |
|
Proceedings for recovery of, by mortgagee, cncumbrancee, and lessor .. |
122 |
Power:— |
|
Of sale by mortgagees or enumbrancees |
60 |
Of sale Assurance Fund not liable for improper exercise of (No. 2) |
27 |
Of attorney (Schedule I) |
76 |
Of attorney revocation of (Schedule L) |
81 |
Of attorney holder of, refusing to surrender guilty of a misdemeanour. |
81 |
Of appointment may be executed or created |
92 |
Power:— |
|
Implied in leases |
56 |
May be negatived or modified |
96 |
Priority:— |
|
Instruments entitled to, according to date of registration |
41 |
Procedure.— |
|
Mode of, in case of error in certificate of title or other instrument |
140 |
In actions under this Act same as in ordinary actions |
147 |
Rules of, may be made by Judges of Supreme Court |
147 |
See Ejectment, |
|
Proof:— |
|
Of execution of instruments |
101 |
Proprietor:— |
|
Interpretation of term |
4 |
Absent, agent may apply on behalf of, to bring land under Act |
21 |
Subdividing land to deposit plan |
107,108 |
|
See Registered Proprietor. |
|
Provisional Register:— |
|
For land not granted (No. 2) |
8 |
No certificate of title to issue while land remains on (No. 2) |
9 |
Provisions of Act to apply to dealings on (No. 2) |
9 |
Receipts filed under section 105 of Act to be placed on (No. 2) |
10
|
All dealings prior to issue of Crown grant in be entered on (No. 2) |
10 |
Purchase to surender receipt to form folium of (No, 2) |
10 |
Entries on, to be transferred to grant's when issued (No. 2) |
12 |
When dealings allecting less than when area included in receipt may be registered (No. 2) |
16 |
Dealings on, with Native lands (No. 3) |
9 |
Entries on, when to be cancelled (No. 3) |
12 |
Entries on, when not invalidated through prior registration of grant (No. 4) |
12 |
See Native Land. |
|
Punishment:— |
|
For not complying with order of Court |
141 |
For felony |
145 |
For misdemeanours |
143 |
Purchaser:— |
|
From mortgagee of leaseholds liable to lessor |
64 |
From registered proprietor not to be affected by notice |
119 |
Bona fide, for valuable consideration, protected |
131 |
To surrender receipt to form folium of provisional register (No. 2) |
10 |
Receipt and Receipt in Full:— |
|
Meaning of terms (No. 2) |
2 |
Receipts:— |
|
For purchase of land to be issued in duplicate (also sec. 8 No. 1) (No. 2) |
8 |
To from provisional register book (also sec. 9, No. 11(No. 2) |
8 |
Production of duplicate, when, may be dispensed with (No. 2) |
8 |
Memorial to be entered on (No 2) |
9- |
Filed under section 105 to be placed on provisional register (No. 2) |
10 |
Dealings noted on, to be deemed duly registered (No. 2) |
10 |
Purchaser to surrender, to form folium of provisional register (No. 2) |
10 |
Recovery of PossessioN:— |
|
By mortgagee |
62 |
By lessor to be entered in register book |
57 |
Proceedings for, by mortgagee, encumbrancee, or lessor |
122 |
Re-Entry by Lessor:— |
|
See Recovery of Possession. |
|
Register Book:— |
|
To bo kept |
37 |
How errors in, may be corrected |
19 |
Entries in, may be corrected by order of Court or fudge, and fresh ones made |
142 |
Registered Proprietor:— |
40 |
Entitled to certificate of title |
38 |
Estate of, paramount |
46 |
Estate of, paramount Exceptions and qualifications |
40 |
Estate of, paramount Noticed encumbrances |
46 |
Estate of, paramount Fraud |
46 |
Estate of, paramount Prior registered certificate or grant |
46 |
Estate of, paramount Omission of rights-of-way or other casements |
46 |
Estate of, paramount Wrong description of parcels |
46 |
Bankruptcy of |
82 |
May transfer to himself jointly with another person |
92 |
May surrender existing grants or certificates of title, and obtain one or more certificates in lieu thereof |
103 |
May require Registrar to set forth in writing his grounds for refusing to do any act |
115 |
May summon Registrar to show cause |
110 |
Person in whom land vested by vesting order deemed to be |
117
|
Entitled to decree for specific performance |
120 |
Ejectment not to lie against, except in certain cases |
129 |
Title of, on provisional register, against whom indefeasible (No. 2) |
9 |
Registrar:— |
|
See District Land Registrar. |
|
Registrar of Deeds:— |
|
Not to register instruments affecting land subject to Act (No. 2) |
22 |
Such registration, if made, to be void (No. 2) |
22 |
Registrar-General Of Land:— |
|
Appointment of |
6 |
May be District Land Registrar |
8 |
To take oath of office (repealed by sec. 4, No. 2) |
16 |
To decide upon disputes between Registrars and Examiners of Titles |
17 |
May alter forms of instruments |
18 |
When damages may be recovered against, us nominal defendant |
130, 132, 133 |
|
Immunity of, for acts done bonâ fide |
138 |
Penalties recoverable by |
148 |
The words, added to section 107 of Act (No. 2) |
5 |
May make regulations with reference to fees (No. 2) |
29 |
May fix fees for advertisements (No. 2) |
29 |
May make regulations for guidance of officers (No. 2) |
30 |
Proceedings by, to recover money paid out of Assurance Fund |
136 |
Registration:— |
|
Certificate of to be evidence |
44 |
Abstracts (Schedule 3C) |
77 |
Abstracts issue of, to be recorded |
77 |
Abstracts to be surrendered before any dealings with land registered |
77 |
Abstracts procedure under |
78,79 |
Abstracts when lost |
80 |
See Instrument; Provisional Register; Grant; Certificate of Title. |
|
Regulation's:— |
|
Governor in Council to make, for bringing land under repealed Acts under this Act |
3 |
Registrar-General may make, for guidance of officers (No. 2) |
30 |
Remainder:— |
|
May be created |
92 |
Person entitled in, may apply to be registered |
94, 95 |
Procedure on such application |
94, 95 |
Repeal:— |
|
Of former Acts (Schedule K) |
2 |
Of sections 16, 20, 48, 105, 113. part of 111 of Act (No. 2) |
4 |
Of section 78', Native Land Act, 1873(No. 3) |
13 |
Of part of section 87 of Act (No. 4) |
7 |
Reversion:— |
|
Expectant on a lease |
36 |
Person entitled to, may apply to be registered |
94,95 |
Procedure on such application |
94,95 |
Right:— |
|
To sue, passes on transfer |
70 |
Of-way, how created and transferred (No. 2) |
19 |
Roads:— |
|
Lands set apart as, and unalienated by the Crown, to be subject to provisions of Act when grant issued (repealed, see sec. G, No. 2) |
20 |
Lands unalienated set apart as roads to be subject to Act when contracted to be alienated (No. 2) |
6 |
Rvles:— |
|
See Procedure. |
|
Sale:— |
Section |
By mortgagee |
61 |
By order or decree of Supremo Court |
98 |
Writ authorizing, to be registered |
93 |
Registrar need not inquire if power of, properly exercised (No. 2) |
27 |
Sales By Mortgagees Act, 1870:— |
|
Provisions of, not to apply to mortgages under Act (No. 4) |
4 |
Satisfaction — |
|
Of annuity |
66 |
Of mortgage |
65,67 |
Saving clause |
2 |
Seal of Office: — |
|
District Land Registrar's |
9 |
See Instrument; Corporation. |
|
Searches:— |
|
In Register Book |
110 |
Separate Use:— |
|
Woman may hold property for |
85 |
Secretary for Crown Lands:— |
|
To certify to accuracy of duplicate maps |
106 |
Settlement:— |
|
Contribution to Assurance Fund by person taking under (Schedule P). |
35 |
Sheriff:— |
|
Sales by |
98 |
Solicitors:— |
|
To practise under Act without license |
111 |
Liability of, for negligence |
112 |
Execution of instruments may be proved before |
101 |
Penalty for practising under Act without certificate (No. 4) |
6 |
Southland:— |
|
Registration District (No. 2) |
24 |
Specific Performance :— |
|
May be decreed |
120 |
Stamp Duty: |
|
Instruments liable to, to be stamped before registration (No. 2) |
18 |
If instrument registered before, paid, to be valid (No. 2) |
18 |
Suit:— |
|
For specific performance, evidence in |
120 |
Summons:— |
|
To show cause why caveat should not bo removed |
80 |
To Registrar to show cause for refusal to do certain acts |
115 |
Expense of such proceedings |
115 |
In ejectment |
124 |
Service of |
125 |
To person wrongfully detaining certificate of title or grant |
140 |
When cannot be served |
141 |
Supreme Court:— |
|
To give effect to trusts |
70 |
May order instruments wrongfully detained to be given up |
141 |
Punishment for not complying with order of |
11 |
May order Registrar to cancel certificate of title or entries in register, and substitute others |
142 |
Registrar may state case for opinion of |
116 |
Orders of, to be carried out by Registrar |
117 |
Rules of, to apply to proceedings under Act |
147 |
Decision of, may be appealed against |
147
|
Surrender:— |
Section. |
Of lease |
54,83 |
Surveyor:— |
|
Not to practice under Act unless licensed |
107 |
To be licensed by Registrar-General of Land (No. 2) |
5 |
Survivor:— |
|
Of joint proprietors, registration of |
94 |
Sworn Valuator:— |
|
Interpretation of term |
4 |
Evidence of, when required |
35 |
Tenant By the Curtesy:— |
|
May apply to be registered |
|
Tenants in Common:— |
|
To receive separate certificates of title |
93 |
Title:— |
|
Of registered proprietor, when sufficient |
46 |
Mode of proceeding when evidence of, imperfect |
26 |
Title-Deeds:— |
|
See Instruments. |
|
Transfer:— |
|
Inlernreation of term |
4 |
When effective |
40 |
Memorial of memorandum of |
40 |
Form of (Schedule D) |
48 |
Form of contents of (repealed by sec. 19, No. 2, which see) |
48 |
Of mortgage (Schedule H) |
69 |
Right to sue passes with |
70 |
Ry husband to wife and wife to husband |
92 |
By proprietor to himself and another |
92 |
When unnecessary to be in duplicate (No. 2) |
19 |
Transferees:— |
|
Entitled to certificate of title |
51 |
Of land subject to mortgage or encumbrance to indemnify transferror |
51 |
Transferror:— |
|
To deliver up grant or certificate to be cancelled (also sec. 20, No 2.) |
50 |
Entitled to certificate for untrausferred portion |
51 |
Registrar may require, to make affidavit that duplicate instruments not deposited |
97 |
Transmission:— |
|
Interpretation of term (also sec. 2, No. 2) |
4 |
See Will; Certificate of Title; Devisee; Heir-at-Law; Devolution. |
|
Treasurer, Colonial:— |
|
When mortgage money may be paid to |
67 |
Must obey requisitions of Registrar as to trust moneys |
114 |
Damages to be paid by, and charged against Assurance Fund on Sheriff making return of nulla bonâ |
132 |
Damages to be paid out of Assurance Fund |
133 |
Trustee:— |
|
Willi consent of cestui que trust, may bring land under Act |
21 |
Registrar may be appointed |
73 |
In bankruptcy, how to be registered as proprietor |
82 |
In bankruptcy, appointment of, to be entered in register book |
82 |
In bankruptcy, deemed absolute proprietor |
82 |
In bankruptcy, may refuse to accept mortgaged leaseholds |
83 |
To allow his name to be used in any action by beneficiary |
118 |
To be indemnified |
118
|
Trustees:— |
Section. |
All to join in dealings whore words "No survivorship" used, unless Court otherwise order |
74 |
Trusts:— |
|
May be enforced by Court |
70 |
Not to be entered in register book |
72 |
May be declared by any instrument |
72 |
Deed declaring, may be deposited but not registered |
72 |
Not to affect title of registered proprietor |
119 |
Uses :— |
|
Dispensed with |
92 |
Validation:— |
|
Instruments acknowledged by married women (No, 4) |
3 |
See Native Land. |
|
Vesting Order: — |
|
To be carried out by Registrar |
117 |
Way:— |
|
Right-of-, how created and transferred (No. 2) |
19 |
Will:— |
|
Contribution to Assurance Fund by person taking under (Schedule P) |
35 |
Title to estate of deceased proprietor, under |
85 |
Registrar may direct caveat to be lodged against proprietor registered under |
37 |
Witness:— |
|
To execution of instruments |
100 |
Word (S):— |
|
"Dealing" to include "transmission "(also sec 2. No. 3)(No. 2) |
2 |
"Receipt," meaning of (No. 2) |
2 |
Meaning of "Receipt in full" (No. 2) |
2 |
Meaning of "granted or contracted to be granted in fee"(No. 2) |
7 |
Inserted in section 59 of Act (No. 2) |
5 |
Added to sections 97.99, and 107 of Act (No. 2) |
5 |
Substituted "for six calendar months" in section 87 of Act (No. 4) |
7 |
Writ:— |
|
Sales by Sheriff under |
98 |
To be registered |
98 |