The Pamphlet Collection of Sir Robert Stout: Volume 88
Index to "The Land Transfer Act, 1870," And The Several Amendment Acts
page 113
Index to "The Land Transfer Act, 1870," And The Several Amendment Acts.
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Land under repealed, to be brought under this Act | 3 | |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) | 31page 114 | |
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). | page 115 | |
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 | 81page 116 | |
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 | 88page 117 | |
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 | 77page 118 | |
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 | 146page 119 | |
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.) | 105page 120 | |
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 | 17page 121 | |
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 | 60page 122 | |
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) | 5page 123 | |
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. | page 124 | |
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 | 94page 125 | |
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 | 102page 126 | |
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 | 21page 127 | |
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 | 122page 128 | |
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 | 38page 129 | |
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) | 6page 130 | |
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, | 10page 131 | |
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) | 10page 132 | |
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 | 117page 133 | |
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. | page 134 | |
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 | 147page 135 | |
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 | 118page 136 | |
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 |