Customary land to be held in feesimple and be subject to Land Transfer Act. All land which is customary land at the date of the coming into operation of this Act shall thenceforth be and become subject to the provisions of the Land Transfer Act, and every Native owner of such land shall, subject to all equities affecting his estate or interest therein, and to all existing restrictions on alienation thereof, be page 19deemed to be the proprietor thereof under the said Act for an estate of inheritance in fee-simple in possession.

Any person claiming to have acquired an interest in any such Confirmation of alleged alienation. land by virtue of any alienation prior to the coming into operation of this Act may apply to the Court to have such alienation confirmed. And upon confirmation thereof the claimant shall be entitled to be registered under the Land Transfer Act as proprietor of the estate or interest acquired.

Every order hereafter made hy the Court whereby the title Certificates of title. to any Native land shall have become asoertained shall be forwarded by the Registrar of the Court to the District Land Registrar, who shall as soon as may be thereafter issue a certificate of title in lieu of grant to the persons in such order expressed to be entitled, subject to such restrictions (if any) as may have been imposed by the Court, and shall in the meantime embody such order in the Provisional Register as a folium thereof, and the land the subject thereof shall as from the date of the inclusion of such order in the Provisional Register be subject to the provisions of the Land Transfer Act.

Until the issue of a certificate of title in lieu of grant all Provisional register. dealings with land which shall become subject to the provisions of the Land Transfer Act by virtue of this Act shall be provisionally registered, and the existing Native Land Court certificate, memorial of ownership, or other instrument of title under the seal of the Court, or a duplicate or certified copy thereof, shall for that purpose be embodied in the Provisional Register as a folium thereof. The Chief Judge shall from time to time cause to be forwarded to the several District Land Registrars, for the purpose of constituting such Provisional Register, all necessary documents which shall be in his custody or control or in that of any officer of the Court.

No estate or interest existing by virtue of any deed registered in Lands held under deed registered in Native Land Court. the Native Land Court at the date of the coming into operation of this Act shall be capable of being transferred or otherwise dealt with under the Land Transfer Act until the same has been confirmed by the Court, but such registration shall operate as a caveat for the protection of the estate or interest expressed to be created by such instrument, subject to any order which may be made in relation thereto by the Court or a Judge thereof.

Every person entitlea to be registered under the provisions Persons entitled to certificates of title. of this Act for an estate of iuheritance in fee-simple in possession shall be entitled to a certificate of title for the same, and no warrant other than the authority of this Act shall be necessary to enable the District Land Registrar to issue such certificates in lieu of grant or otherwise as may be necessary for giving effect to the provisions of this Act: Provided that the District Land Registrar may at his discretion retain any title on the Provisional Register so long as the number of Native owners shall exeeed ten, and shall in no case issue a certificate of title in lieu of grant except on a certified plan approved by a Judge of the Court.

It shall not be necessary in any case to issue separate certificates Tenants in common. to Native owners as tenants in common.

The Registrar-General of Land may from time to time, by Alterations in mode of registration. regulation, with the approval of the Governor iu Council, make such page 20alterations and modifications in the mode of registration hereinbefore prescribed, and make such other provisions for the same, as may be necessary or expedient.

Questions of title to be referred to Native Land Court. The Chief Judge shall, at the request of the Registrar-General of Land, refer to the Native Land Court for inquiry and decision any question which may be necessary for the purpose of ascertaining the persons entitled to be registered as aforesaid, and of defining their estates and interests respectively.

Certificate of title may be antevested. Every certificate of title issued under the Land Transfer Act, in pursuance of the provisions of this Act, may be antevested to such date as the Chief Judge shall fix for that purpose when forwarding the title to the District Land Registrar.