Land Registration Amendment and Extension Act 1852
Land Registration Amendment and Extension Act 1852
Land Registration Amendment and Extension Act 1852
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Land Registration Amendment and Extension Act 1852
Public Act |
1852 No 2 |
|
Date of assent |
29 December 1852 |
|
No. II.
An Ordinance to amend “The Land Registration Ordinance,”
and to extend the operation of the same to the Canterbury Settlement.
Preamble.
WHEREAS by an Ordinance enacted by the Governor and Legislative Council of New Zealand, (Session II., No. 9,) intituled “An Ordinance to provide for the Registration of Deeds and Instruments affecting Real Property,”
it is provided that there shall be deposited in the Register Office of every county or district maps of all lands which shall from time to time be surveyed within the limits thereof, which maps shall be signed by the Surveyor-General of the Colony and by the Registrar:
Be it enacted by the Governor-in-Chief of the Islands of New Zealand, with the advice and consent of the Legislative Council thereof, as follows:—
1 Signature of any person duly authorized as effectual as that of Surveyor-General.
The signature of any person duly authorized in that behalf by His Excellency the Governor-in-Chief affixed to maps for the purposes of the in part recited Ordinance, or of this Ordinance, shall be of the same force and effect, to all intents and purposes whatsoever, as the signature of the Surveyor-General required to be fixed to maps by the said in part recited Ordinance.
2 Maps and plans to be registered with deeds.
And whereas doubts have arisen in the construction of the said recited Ordinance, Session II. No. 9, as to the necessity of registering maps or plans delineated upon instruments to be registered under the said Ordinance: Be it enacted that such maps or plans shall in all cases be registered in the same manner as and together with the instrument itself.
3 Extension of Ordinance to Canterbury Settlement.
And whereas the operation of the said in part recited Ordinance is confined to the registration of grants by the Crown of land within the Colony, and of deeds contracts wills judgments suits acceptances of office inquisitions bankruptcies insolvencies and private Ordinances, so far as regards any land to be affected thereby subsequently to the date of such grants: And whereas it is expedient to extend the operation of the said Ordinance to lands within the Canterbury Settlement: Be it enacted that every conveyance of land within the Canterbury Settlement, made or to be made by the Canterbury Association, incorporated by Her Majesty’s Royal Charter bearing date at Westminster the thirteenth day of November, in the thirteenth year of her reign, by the name and style of “The Canterbury Association for Founding a Settlement in New Zealand,”
now called “The Canterbury Settlement,”
and every deed or contract, except as excepted in the above-named Ordinance, and every will judgment suit acceptance of office inquisition bankruptcy insolvency or private Ordinance whereby such land may be affected, subsequently to the date of such conveyance, may be registered in like manner as a grant by the Crown of land within the Colony, deed or contract will judgment suit acceptance of office inquisition bankruptcy insolvency or private Ordinance, may be registered, and such registration shall have the like force and effect to all intents and purposes whatsoever, and all the regulations and provisions contained therein or in the said recited Ordinance shall apply to the same:
4 Limitation of effect of registration.
Provided that nothing herein, or in the said in part recited Ordinance, shall be construed to confer any advantage on deeds contracts or wills registered by virtue of this Ordinance, by reason of their having been registered before other deeds contracts or wills previously executed, until after the first day of January, one thousand eight hundred and fifty-four.
5 Commencement.
That this Ordinance shall come into operation from and after the passing hereof.
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Versions
Land Registration Amendment and Extension Act 1852
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