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The Pamphlet Collection of Sir Robert Stout: Volume 88

Powers of Attorney

Powers of Attorney.

63. Any number of sections or allotments may be included in one power of attorney, though held under separate grants or other instruments of title. The use of the form given in the Act page 29 (Schedule I.) is not compulsory. A general form including all a proprietor's lands, without particularizing them, may be used. The original or a duplicate or attested copy must be deposited with the District Land Registrar.

64. To enable proprietors to take advantage of markets for their land at places without the limits of the colony, giving immediately indefeasible title to the purchasers, registration abstracts are provided which afford proprietors the same facilities for dealing with lands under the Act, when absent in Great Britain or elsewhere, which they enjoy when in the colony. No frauds, by double sale, such as above referred to, can occur under this system, because no dealing can be registered in the colony in respect to land when a registration abstract is outstanding.

65. Judges, Notaries Public, and Chief Officers of Corporations in Great Britain and Ireland, Judges of Supreme Courts, Governors, Government Residents, and Chief Secretaries in the British Colonies, and British Consular Officers in foreign places, are authorized to enter upon the registration abstract the memorials of dealings with the property which the District Land Registrar is required to enter in the register-book in the case of dealings within the limits of this colony.

66. A memorandum of transfer or other instrument appropriate to the intended dealing, executed in accordance with the preceding instructions, should be presented to the functionary called upon to act on the occasion, together with the grant, certificate of title, or other instrument representing the estate intended to be dealt with; and every memorial entered on the registration abstract must likewise be entered on such grant, certificate of title, or other instrument, and authenticated in the same manner under the hand and seal of the functionary employed. A certificate of registration should also be indorsed on the memorandum of transfer or other instrument, stating the date and hour on which memorial of the particulars thereof was entered on the registration abstract, which certificate should be authenticated in the same manner.

67. The registration abstract should be returned to the District Land Registrar at the place where it was issued, in order that he may enter on the appropriate folium of the register-book the particulars of any dealings that may have been recorded beyond the limits of the colony; and if an estate of freehold has been page 30 transferred, a certificate of title will be issued to the transferee upon his surrendering the existing certificate and memorandum of transfer.

68. The fee for a power of attorney is ten shillings, and for a registration abstract twenty shillings.