The Pamphlet Collection of Sir Robert Stout: Volume 88

"The Land Transfer Act 1870 Amendment Act 1874."

" The Land Transfer Act 1870 Amendment Act 1874."

Title

As ACT to amend "The Land Transfer Act, 1870," in respect to dealings with Lands granted under the Native Land Acts. [31 st August, 1874.]

Preamble

Whereas by "The Land Transfer Act, 1870," and "The Land Transfer Ad Amemdment Act, 1871," no provision was made for the registration of instruments affecting land granted under the Native Land Acts until a Crown grant for the same is issued, and it is expedient to alter and amend the law in this and other respects :

Be it Therebefore Enacted by the General Assembly of New Zealand in parliament assembled, and by the authority of the same, as follows : —

1.

Short Title

The Short Title of this Act shall be "The Land Transfer Act 1870 Amendment Act, 1874."
2.

Interpretation

In this Act, the words "the Act" shall mean "The Land Transfer Act, 1870;" the word "dealing" shall include transmission.

Act to be read as part of land Transfer Act.

3. This Act shall be road and construed as incorporated with and as part of the Act.

Land to be under Land Transfer Act from registration of grant.

4. Land over which the Native title has been extinguished since the constitution of the land district within which such land is situate by virtue of any of the Acts repealed by "The Native Land Act, 1873," shall be deemed to have been and shall be subject to the provisions of the Act from the date of the registration of the Crown Grant thereof.

Grants to be registered. Estate of grantees to be subject to instruments previously registered in Deeds Registry.

5. All grants of such land shall be registered under the Act as soon as conveniently may be after the issue thereof in the Land Registry of the district in which the land granted is situate. Upon the rgistration of the grant and until the registration under the Act of some further deal-ing, the estate of the grantees under any grant already registered or to be registered shall be subject only to such estates and interests as may have been or may be created by any instruments executed subsequently to the ante-vesting date mentioned in such grant, and registered in the Deeds Registry against the land included in such grant prior to the registration of the grant under the Act.

On registration of grant, estates created by such instruments to be registered.

6. On registration of the grant, the District Land Regis-trar shall satisfy himself of the nature and extent of the estates and interests created by such instruments so registered in the Deeds Registry, and shall do all such things as he would have been required to do if the persons appearing to be entitled to such estates and interests had been registered as proprietors thereof on the provisional register.

7. Instruments affecting the land included in any such

Informal instruments may be registered in certain cases.

grant, executed after its ante-vesting date and prior to its registration, may he registered under the Act, and need not be in duplicate nor in the form prescribed by the Act, but nothing in this Act skill authorize the registration of any person as proprietor of any estate or interest of which he could not be registered as proprietor under the Act.
8. All things heretofore done by any District Land

Former acts validated.

Registrar in terms of the preceding sections six and seven of this Art shall be deemed to have been done under the authority of such sections.
9. Land over which the Native title has not been extinguished

As to land over which the Native title may be extinguished hereafter.

shall he subject to the provisions of the Act from the date of any order of the Native Land Court made under the provisions of "The Native Land Act, 1873," declaring that the land referred to in such order shall be hold in freehold tenure.
10. Until the registration of the Crown grant, dealings

Until registration of grant, dealings to be on provisional register.

with such last-mentioned land shall be registered on the provisional register-book of the district in which such land is situate, in the same manner and with the like effect as dealings with other land on the provisional register, and the order of Court shall be surrendered to the District Land Registrar for the purpose of forming the folium of the provisional register-book on which dealings may be recorded.
11. The grants of such laud shall bo in duplicate, and

Grants to be in duplicate.

shall be forwarded to the District Land Registrar of the district in which the land is situate, and he shall register them and shall do ait such other things as he is required to do under "The Land Transfer Act 1870 Amendment Act, 1871," on the receipt of Crown grants.
12. If the Governor in Council shall annul any such

If order of Court annulled, entries annulled, entries on provisional register to be cancelled.

order of the Native Laud Court by ordering a rehearing, the land included in such order shall cease to be under the provisions, of the Act, and all entries on the provisional register affecting such land shall be cancelled.
13. Section seventy-eight of "The Native Land Act,

Section 78 of "The Native Land Act, 1873," repealed.

1873," is hereby repealed, and in lieu thereof be it enacted that no Crown grant of land included in any memorial of ownership shall be issued until one month after the expiration of the time by the said Act allowed for an application for a rehearing, and the legal estate in the land granted shall vest as from the date of extinction of the Native title.
14. No claim on the Assurance Fund shall arise or be

No claim on Assurance fund to arise by registration of instruments by natives under dissability.

deemed to have arisen by reason of the registration heretofore or hereafter under the Act of any instrument executed by any aboriginal native under the disability of infancy or coverture, unless the fact of the infancy or the coverture, and the name of the husband (as the case may be), shall be correctly stated in the instrument of title under which such Native claims.