Land Registry Amendment Act 1861
Land Registry Amendment Act 1861
Land Registry Amendment Act 1861
Checking for alerts... Loading...
Land Registry Amendment Act 1861
Public Act |
1861 No 34 |
|
Date of assent |
6 September 1861 |
|
Contents
An Act for giving effect to Regulations under “The Land Registry Act 1860”
and for amending the said Act.
Preamble.
Whereas pursuant to the authority in them vested by the “Land Registry Act 1860”
the Governor in Council and Registrar-General of Land have made the Regulations contained in the Schedule hereunto annexed and it is expedient that effect should be given to such Regulations by the General Assembly
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows
I Short Title.
The Short Title of this Act shall be “The Land Registry Amendment Act 1861.”
II Schedule of Regulations to be Regulations under “The Land Registry Act 1860.”
The Regulations contained in the Schedule to this Act shall be the Regulations according to which the practice and procedure under the said Act shall be regulated and conducted.
III Registrar-General empowered to alter &c certain of the Regulations.
It shall be lawful for the Registrar-General of Land from time to time to rescind add to amend or alter all or any of the said Regulations which relate to matters respecting which by the said Act he is empowered to make Regulations.
IV Governor in Council empowered to alter &c other Regulations.
It shall be lawful for the Governor in Council to rescind add to amend or alter all or any of the said Regulations which relate to matters other than those respecting which the Registrar-General of Land is empowered to make Regulations.
V Alterations &c to be Gazetted.
All such rescindings additions amendments and alterations shall be published in the Government Gazette for the Colony and being so published shall have the effect of Law.
VI What Charges may be Registered.
And whereas it is expedient that the said Act should in several particulars be explained and amended be it therefore enacted as follows
Mortgages Annuities Rent Charges Judgments Crown Debts Acceptances of Office Equitable Agreements to Mortgage and all other Charges affecting Registered Land made or suffered by a Registered Proprietor of Land or to which he shall become liable by Act of Law and all Charges whether annual or in gross made by the Will of a deceased Registered Proprietor may be Registered as Charges under the said Acts.
VII Charges ranking pari passu so to be Registered.
Provided that when several Charges shall be entitled to rank pari passu the same shall be so Registered that they may rank upon the Register pari passu.
VIII The effect of Registered Notice of Lease.
As regards Leases by Registered Proprietors whereof notice shall be Registered under the said Act the Registered Proprietor shall hold the Land subject to such Leases but without prejudice to any Charges or other Interests Registered previously to such Notice.
IX Who may take proceedings under the Act.
All Applications Inhibitions and Proceedings under the said Act may be made instituted and taken either by parties themselves on their own behalf or by their representatives hereafter mentioned that is to say
By Agents or Attornies expressly authorised in that behalf
Or by Barristers or Solicitors of the Supreme Court authorised by writing in that behalf
Or by the Guardians or persons entitled to be Guardians of Infants on behalf of such Infants
Or by Committees of Idiots or Lunatics on behalf of such Idiots or Lunatics
Or by Husbands on behalf of their Wives
Or by any one or more of a class of Creditors Legatees or others on behalf of others of the same class
Or by any one or more person or persons claiming under any Deed or Will on behalf of any other person or persons claiming under the same Deed or Will
Or by any Trustee on behalf of his Co-trustee or Co-trustees
Or by any Trustee or Trustees on behalf of his or their cestuique Trusts or any of them
Or by any Executor or Administrator on behalf of himself and his Co-executor or Co-executors Co-administrator or Co-administrators
Or by any Executor or Executors Administrator or Administrators on behalf of any Creditors or persons interested in the Will or Estate of a deceased person
Provided that in all such cases such Representatives shall establish to the satisfaction of the District Registrar their right to appear and act as such and also the fact that the parties specifically named on whose behalf they so act are believed to be living.
X By whom Inhibitions may be lodged.
Inhibitions under the said Act may be lodged by Registered Proprietors on behalf of any person or persons whomsoever or by any District Registrar on behalf of any person or persons whomsoever in the following cases viz:—
(1.)
By direction of the Supreme Court
(2.)
By direction of the Registrar-General
(3.)
In any case expressly authorised or where it shall appear to the District Registrar requisite for the protection of the Rights of Married Women Infants Idiots or Lunatics or of persons absent from the Province or otherwise unable to Protect their own Rights
XI On the death of Married Women Title to be Registered as in case of Death.
In the case of Land or of a Charge Registered in the Name of a Married Woman as Proprietor jointly with her Husband as Co-proprietor upon the Death of such Married Woman the Registry of the Husband as such Co-proprietor shall be cancelled and the Proprietorship shall be Registered according to the provisions of the said Act applicable in the case of the Death of a Proprietor.
XII What Rights may be the subject of Inhibition.
The Attorney-General on behalf of Her Majesty and any other person having or claiming any Right to or Interest in any Easement Profit Privilege or Emolument in over through or out of any Land or having or claiming any Estate Right Title Use Trust or Interest at Law or in Equity in or to any Land or Charge or having or claiming the benefit of any Covenant or any Right of Entry into or of Action or Suit respecting any Land or Charge or having any Claim or Demand on or having or claiming any power over any Land or Charge whether such Claim Right or Interest be in possession or reversion absolute or conditional vested or contingent may lodge an Inhibition in respect of the Land or Charge affected thereby according to the provisions of the said Act.
XIII The effect of Inhibition.
The lodging of an Inhibition shall be deemed to be Notice to all the World of the Claim Right or Interest intended to be protected thereby and shall have the same effect as against the Land or in the case of a Charge against such Charge and against the Proprietor of such Land or Charge and all other persons whomsoever as express Notice to the holder of the legal Estate has by the Rules of Equity and the Registered Proprietor shall in all such cases stand in the same relation to parties having such Claims Rights or Interests as the holder of the legal Estate having express Notice.
XIV Power to mate Regulations under this Act.
The Governor in Council and Registrar-General of Land respectively shall have the like powers of making Regulations and of rescinding altering amending and adding to the same in respect of the matters provided for by this Act as if the provisions of this Act had been incorporated in the Land registry Act 1860.
XV Saving of rights.
Provided that nothing in the Land Registry Act 1860 or in this Act contained nor any Registration of Title under the same Acts shall extend to or effect any estate right or interest of Her Majesty her Heirs or Successors or of any person or persons claiming in trust for her or them in or to the lands reserved to or vested in Her Majesty or in any person or persons in trust for Her for Military or other Imperial purposes.
Schedule
(At the end of the Volume.)
Schedule TO THE LAND REGISTRY AMENDMENT ACT, 1861.
REGULATIONS MAPS
1
Maps of all Crown lands granted or disposed of, arranged in Districts of convenient size, shall be constructed and kept, for the purpose of Registration, in each Registration District.
2
Such Maps shall be termed Registration Maps, and the words “Registration Map”
shall be written or marked upon them.
3
From time to time as required, Supplementary Maps shall be constructed of land newly granted, and the sections or allotments newly granted shall be laid off on the original Maps; so that the Registration Maps in use may include all Crown Lands from time to time disposed of.
4
All such Maps shall be constructed under direction of the Registrar General.
5
Every Map shall be signed by the Registrar General.
6
The Maps shall be conveniently named, numbered, or otherwise distinguished, for reference, as the Registrar General shall from time to time direct.
7
The Registration Maps of each District shall be deposited with the District Registrar of such District.
8
No alteration in, or addition to such Maps shall be made, except as authorised by the Regulations, or by authority of the Registrar General.
9
In every Registration Map the sections, subsections, or allotments shall be numbered consecutively.
SUBDIVISIONAL MAPS
10
Subdivisional Maps, connected with each Registration Map, shall be kept on separate files, conveniently numbered or distinguished for reference.
11
If a proprietor shall subdivide an allotment for sale or transfer, he may cause a sub-divisional Map thereof, shewing the proposed subdivisions, to be made and deposited with the District Registrar.
12
He may from time to time, with the consent of the District Registrar, alter any such subdivisions, which may not have been disposed of, by causing a fresh subdivisional Map thereof to be made subject to like conditions.
13
Where application shall be made by a proprietor to register his Title to a subdivided part of an original allotment, the District Registrar shall require a subdivisional Map, to be deposited with him.
14
In cases not otherwise provided for, where a proprietor shall transfer a subdivided part of an original allotment, there shall be deposited with the District Registrar a subdivisional Map, showing the entirety of such section or allotment and the subdivided part thereof.
15
All subdivisional Maps shall be made and authenticated to the satisfaction of the District Registrar, and signed by him; and may be used as Registration Maps; and the subdivisional sections or allotments on such subdivisional Maps shall be numbered respectively so as to distinguish the same for purposes of Registration, and shall be referred to, and indexed as original sections.
16
The Registrar General may from time to time cause the Registration Maps to be newly compiled, for the purpose of embodying therein the subdivisional allotments, distinguished by proper numbers; and such newly compiled Maps, being signed by the Registrar General, may be used as Registration Maps, in lieu of the originals. The Registrar General shall regulate the construction, arrangement and care of the Registration Maps, as he shall think fit.
INDICES
17
It shall be the duty of the District Registrar to keep in respect of each Register;
1.
A nominal Index.
2.
A local Index.
Nominal Index
18
The Nominal Index shall contain the names of parties on the Register, and shall be compiled alphabetically. It may be divided into periods or other divisions as the Registrar General shall direct.
19
Against the name of each person in such index shall be entered the number of the entry in the Register relating to such person.
Local Index
20
The Local Index shall be arranged in correspondence with the Registration Maps.
21
A separate Local Index shall be kept in respect of each Principal Map.
22
In the Local Index of each Map shall be entered consecutively, the numbers of the allotments contained in such Map and in the supplementary, subdivisional and corrected Maps connected therewith; and against each such number shall be entered the number of every entry in the Register, relating to such allotment.
Crown Grant Index
23
The District Registrar shall also keep a Crown Grant Index, which shall contain in consecutive order the numbers and references to Crown Grants, and against the number and reference of each Crown Grant shall be entered the number of every entry in the Register of proprietors relating to land held under such Crown Grant.
General Regulation as to Indices
24
It shall be the duty of the District Registrars under direction of the Registrar General, from time to time to examine the Indices and collate the same with the Registers; and to correct errors found on such examination.
25
When an error in an Index is corrected, a note shall be made in the Register, denoting the fact that such correction was made by the District Registrar, by authority of the Registrar General. The fact may be denoted by the District Registrar signing his initials in the margin opposite the correction.
26
When an entry in a Registrar is cancelled, the corresponding number of such entry in the Indices shall be cancelled likewise, by the District Registrar drawing a line through the same and initialing the cancelled number.
BOOKS
27
It shall be the duty of the District Registrar to keep the following books.
1.
A Minute Book for making rough entries of daily proceedings.
2.
A Journal for entering fairly a Record, from which entries on the Registers, and orders for discharging or cancelling entries, may be transcribed.
3.
A Register of Proprietors of Land.
4.
A Register of Charges.
5.
A Register of Notices of Leases and Agreements for Leases.
6.
A Register of Inhibitions.
28
He shall also keep Books for noting applications of all kinds, with the exact times thereof —lists of certificates issued—particulars of fees received—and such other books as the Registrar General shall from time to time direct.
Mode of Keeping Minutes
29
The District Registrar shall keep, in the Minute Book, exact Minutes of his proceedings; and shall note therein all particulars requisite for making up the entries to be transcribed into the Journal and Registers,—the particulars of all applications, claims and objections,—of all Notices, Inhibitions, Orders of the Supreme Court and of the Registrar General,—and generally of all matters whatsoever in any way relating to his proceedings.
30
Each entry in the Minute Book relating to each matter or thing shall be made separately
31
A Transcript of the Minute Book, fairly written, shall be transmitted monthly by the District Registrar to the Registrar General.
32
The entries shall be made day by day, and each day’s proceedings shall be signed by the District Registrar.
JOURNAL
33
The Journal shall be fairly written; and shall be entered up day by day, without delay;— the Journal of each day’s proceedings shall be signed by the District Registrar. No alteration or interlineation shall be made in any Journal without the same being authenticated by the signature or initials in the margin, of the District Registrar; and no such alteration or interlineation shall be made after the Journal shall have been signed by the District Registrar, without the written authority of the Registrar General.
34
The entries in the Journal shall be made separately, and shall be numbered consecutively in the margin;—and such Journal numbers shall be entered in the margin of the Register entries relating to the same.
35
The Journal entries shall be prepared from the Minutes by the Chief Clerk, under the direction of the District Registrar.
36
The District Registrar shall transmit a copy of the Journal monthly to the Registrar General.
Registers
37
The respective Registers shall be kept by way of consecutive entry, and the respective entries therein shall be distinguished by consecutive numbers, which shall be referred to as the Register numbers.
38
In the margin of each entry shall be entered, by way of reference, the number of the entry in the Journal relating to the same.
Application to Register Title
39
Every person applying to Register a Title to land shall make and subscribe, in Duplicate, an application in the following form:—
“I,”
(or “We,”
(a) as the case may be, “the undersigned:
(a) Christian Name and Surname at full length.
“A. B., of”
(add place of abode and description or designation).
Or “I, A. B., as Agent or Attorney for C. D., of,”
&c.
“Do apply, pursuant to the Land Registry Act 1860, to Register the Title to the “(b) following Land, viz.,
(b) Plans to be annexed pursuant to the Regulation.
(Here add description of land, specifying the estimated contents, the Parish, Township, County, Province, or other local division in which situate, the number of Allotment, Section, or Sub-section, whether occupied or unoccupied, and if occupied, the name of occupant).
(c) Value to be inserted pursuant to Regulations.
“Which land is described in the annexed plan, and is valued for the purpose of the “Assurance Fund at £ (c.) The above land is included in the Crown Grant “marked or numbered,”
(here insert the proper mark or number of reference to the Crown Grant relating to the land).
In the case of Land formerly on the Register, and in respect of which application is made to Register the Title anew,) add—“The above land was heretofore Registered in “the name of R. S., of as proprietor.”
“Annexed is a list marked A. of the Deeds and Documents now deposited, relating to “the Title, copies whereof are also deposited herewith. Annexed also is a list “marked B., of the names and addresses of all persons entitled to any Estate or “Interest in the land. Official notices referring to this application may be left for “me at”
(hero specify some known place of address in the same Town in which the Register office is situate.)
(Where the applicant admits that the land is subject to Incumbrances or Trusts, add) “The land is subject to the following Incumbrances or Trusts (as the case may be), “the rights in respect whereof will be reserved.” Here specify the Incumbrances or Trusts reserved.
A. B.
C. D.
Subjoined to this application shall be a Memorandum, which may be signed by parties interested, if consenting to the application, as follows:
“We consent to the above application.”
“CHAS. JOHNSON, Mortgagee,”
“JAS. TAYLOR, Lessee.”
If the application or consent be made by Attorney, add, “by E. F., of &c., “Attorney for the said (A. B. or “C. D.,”
as the case may be).
40
Annexed to every such Application and Duplicate shall be a Plan (made to the satisfaction of the District Registrar, and agreeably to Regulations,) of the Land, the Title whereof is proposed to be Registered. Such Plan shall correspond with the Plan on the Registration Map. If the land be part only of an original allotment or section, the Plan shall describe the entire original allotment or section corresponding with the Registration Map, and shall show accurately the measurement, extent, boundaries, and relative position of the land proposed to be Registered, and also the other subdivisions of such original section.
41
A List or Schedule (marked A.,) of Deeds and Documents deposited, shall be annexed to the Application, and a Duplicate of such List or Schedule shall accompany the same. Such List or Schedule shall specify the dates, names of parties, and nature of instruments, and shall be signed by the Applicant. One part of such List or Schedule shall be retained by the District Registrar, the other, after being examined and found correct, shall be signed by the District Registrar and returned to the applicant, with an acknowledgment of receipt.
42
A Schedule (marked B.,) of persons entitled to any Estate or Interest in the land, shall be annexed to the application, which Schedule may be in the following form:—
“List of persons entitled to an Estate or Interest in the land referred to in the annexed “application.
“THOMAS SMITH, Merchant, Auckland, Owner in fee.”
“CHARLES JOHNSON, Grocer, Napier, Mortgagee.”
“JAMES TAYLOR, Farmer, Otahuhu, Lessee.”
“A. B., Applicant.”
43
The District Registrar shall sign and give an interim receipt for Documents deposited, to be exchanged for such Documents if returned.
44
The District Registrar shall transmit the copies of Deeds and Documents deposited to the Registrar General by the earliest convenient opportunity. Such transmission may be by post.
45
Where an application to Register Title shall be made, subject to specified Incumbrances or Trusts, the District Registrar may, if he shall think fit, refuse to proceed with such Registration, until proof shall be made to his satisfaction, that the parties interested in such Incumbrances and Trusts, or any of them, have been apprised of the intention to Register such Title, and until such parties, or any of them, have had opportunity of being heard in opposition to such application.
46
In every case where the rights of parties are reserved, the applicant shall, on behalf of the parties whose rights are to be reserved, lodge Inhibitions in respect of such rights in conformity with the Regulations applicable to Inhibitions,—the effect of which Inhibitions shall be the same as if lodged by the parties themselves.
47
The lodgement of such Inhibitions shall be simultaneous with the Registration of Proprietorship.
48
Within one month after the receipt of an application to register a Title to Land, the District Registrar shall cause a notice, which may be in the following form, to be inserted in some local Newspaper circulated in the District, and shall continue such advertisement three times consecutively in such Newspaper.
Notice under land registry act, 1860
“A. B., of” (add place of abode and description) “having applied to register his Title as Proprietor to the land hereinafter described, viz.:—(Here add a short description of the land specifying the estimated contents, the Section, Parish, District, County, &c., where situate.) “All persons having interests in such land, capable of being “affected by such Registration, are required to lodge their claims, and the evidence in “support thereof, with the District Registrar on or before the day of “and to attend either personally or by attorney before me on the (specify day and “hour and place) for the purpose of establishing their rights.”
“Dated the day of
“G. H., District Registrar.”
Where more notices than one are to be advertised in the same newspaper, they may be Scheduled in a tabular form.
49
The examination and hearing of the application shall be proceeded with, at the time and place specified in such notice.
50
Such examination and hearing may be continued by adjournment, whereof notice shall be posted in some conspicuous place in the District Registrar’s office.
51
Parties objecting to the application, or claiming interests in the land proposed to be registered, may appear and be heard in person or by their Counsel or by Attornies before the District Registrar.
52
All applications (with their respective plans and schedules) shall be numbered consecutively, and shall, as nearly as may be, be heard in the order in which they shall be received.
53
The documents relating to the respective applications shall be kept by themselves, in linen or canvas bags, numbered with numbers corresponding to the number of the application.
Register of Proprietors of Land
54
The form of Register of a Proprietor of Land shall be as follows, subject to be from time to time varied by authority of the Registrar-General:—
“On the day of , on the application numbered ( ) “of A. B., of”
(add place of residence and designation) “the said A. B. was duly registered as “Proprietor of the Land hereinafter described,”
(here add description of land, specifying its estimated contents, the Township, Parish, County, District, or other local division where situate, the section, subsection or allotment of which it consists, or of which it forms part, whether occupied or unoccupied, and if occupied the name of the occupant) “a Plan of which land is (annexed or) delineated on the opposite “leaf or page of the Register.”
(N.B. If the plan be of inconveniently large size, the plan may be on paper annexed.)
“G. H.,
“District Registrar.”
Subjoined to such entry shall be a Memorandum in the form:—
“MEMORANDUM OF REGISTERED INCUMBRANCES, WHETHER CHARGES, LEASES, OR INHIBITIONS AFFECTING THE ABOVE LAND, AND OF THE DISCHARGES OF SUCH INCUMBRANCES.”
| CHARGES. | LEASES AND AGREEMENTS. | INHIBITIONS. | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| No on Register. | Signature of District Registrar. | When discharged. | Signature of District Registrar. | No on Register. | Signature of District Registrar. | When surrendered etermined. | Signature of District Registrar. | No on Register. | Signature of District Registrar. | When cancelled. | Signature of District Registrar. |
| 200 | J. E. Smith | 21st Dec. 1862. | J. E. Smith | 68 | J. E. Smith | 4th July 1861. | J. E. Smith | 79 | J. E. Smith | 4th July 1862. | J.E. Smith |
| 320 | J. E. Smith | 140 | J. E. Smith | 84 | J. E. Smith | ||||||
55
The following shall be the form of Land Certificate, which shall be issued on parchment or such other material as the Registrar General may from time to time direct:—
“LAND AND REGISTRY ACT, 1860.
“District of on the day of ”
“the following entry was made in the Register of proprietors of land, for the
“District of (Here copy entry, verbatim).
“JOHN E. SMITH,
“District Registrar.”
56
No Transfer of Proprietorship shall be made without delivery up of the Land Certificate.
Discharge of Incumbrances
57
Before Discharging Incumbrances from the Register the District Registrar shall require such proof of Discharge as would be required as evidence thereof in a Court of Law. Upon such proof being made to the satisfaction of the District Registrar he shall cancel the entries relating thereto by writing across the same a minute indicating such Discharge. He shall also cancel in the Index the Numbers relating to such entries and shall subjoin a note of such Discharge in the Memorandum at the foot of the Proprietor’s Register.
Registry of Charges
58
All Charges made by Registered Proprietors may be registered subject to the following Regulations:—
59
Every person applying to register a Charge shall fill up and subscribe the following form, which may be altered from time to time by the Registrar General.
“I, A.B., of do apply to register the Charge made by the (Deed or Instrument) deposited herewith, the particulars of which Charge are as follows:—
“Date of Instrument.— — — —
“Name of Registered Proprietor of Land.
“Register No of ditto.
“In whose favor charge made.
“Amount secured.— — — —
“Day of payment.— — — —
“Rate of Interest.— — — —
“Annexed is a plan of the Land charged.”
“A.B.”
If by Attorney, then A.B. on behalf of C.D. of — — — —
Annexed to such application shall be a Plan of the Land charged, agreeing with the Registration Map and with these Regulations.
60
Every Charge shall be deposited with the District Registrar either by the Proprietor of the Land or by the person in whose favor the Charge is made, or one of such persons or by some person interested therein or by some Barrister, Attorney, or Solicitor, on behalf of such person or persons.
61
Every Charge shall be Registered in the Register of Charges, in the order in which the same shall be deposited.
62
All Charges shall be Numbered consecutively, in the order respectively in which they shall be received,—and shall immediately, on receipt thereof by the District Registrar, be respectively Stamped or Marked with such Numbers.
63
Upon receipt of every such Charge, the District Registrar shall Sign and Deliver to the Depositors a Receipt, which may be in the following form, but which form may be from time to time varied by authority of the. Registrar-General:—
“Received on the day of , at the hour of , “from A.B., of , a Charge, numbered [specifying the Number of “such-Charge.]
“Dated this day of
“J. E. SMITH,
District Registrar of
—Upon the receipt of such Charge, Notice thereof shall be given by the District Registrar to the Proprietor of the Land charged.
64
Judgments, Crown Debts, Extents, and Acceptances of Office, affecting the Lands of a Registered Proprietor, are deemed charges by a Registered Proprietor,—and Official Certificates of such Judgments, Crown Debts, Extents, and Acceptances of Office, signed by the proper Officers respectively, shall be received and Registered as Instruments of Charge; but, in such cases, it shall not be incumbent on the District Registrar to require a plan of the land charged, provided the same be sufficiently distinguished by reference to entries already on the Registers.
65
As regards Charges created by Wills of Registered Proprietors, such Wills or Probates, Administrations with Will annexed, Exemplifications, and Office Copies of Wills, may be received as Instruments of Charge.
66
The District Registrar may require proof, to his satisfaction, of the validity of any Charge, and, unless satisfied thereof, he may refuse to Register the same absolutely,—in which case, he shall Register the same provisionally, subject to any Order which the Supreme Court may make relative thereto. Every Entry of a Provisional Registration shall be headed “Provisionally Registered.”
Notice shall be given to the party tendering such Charge that the same is only Provisionally Registered, in order that he or she may apply, if thought fit, to the Supreme Court, for an Order to make the Registration absolute. If no such Order shall be intimated to the District Registrar, within the space of three months after the first presentation of the Charge for Registration, the District Registrar may thereupon, in his discretion, cancel the Register, by writing across the Entry in the Register the Word “Cancelled,”
with his Name, and the Date. He shall notify such fact to the Applicant, and shall, on demand, return to him the Deed of Charge.
67
The Form for Registering Charges shall be as follows, but subject to be from time to time altered by authority of the Registrar-General:—
“Number.—On the day of A. B., of , was “Registered, as Proprietor, [in case of Transfer, add the words “as Transferee,”] of the “following Charge, viz.:—
“Date of Instrument.
“Name of Registered Proprietor of Land.
“Registered No of ditto.
“In whose favor Charge made.
“Amount secured.
“Day of payment.
“Rate of Interest.
“A Plan of the land charged is delineated or annexed on the opposite leaf of page.
“The following numbers refer to prior Incumbrances affecting the Land, viz.:—
“Charges.
“Leases.
“Inhibitions.
In the case of Transfers of Charges there shall be added in the margin the original Register Number of such Charge.
A Memorandum of Inhibitions affecting the Charge shall be subjoined in the following form.
MEMORANDUM OF INHIBITIONS AFFECTING THE ABOVE CHARGE.
| Register No of Inhibition. | District Registrar’s Signature. | When Cancelled. | District Registrar’s Signature. |
|---|---|---|---|
| No. 158. | J. E. Smith. | 5th April, 1862 | J. E. Smith. |
68
The form of Certificate of Charge shall be as follows:—
“I, John E. Smith, District Registrar of do certify that A. B. of “was duly registered as Proprietor of the undermentioned Charge by an entry in the “Register of Charges for the District of , which entry is in form or to “the effect following,” (here copy particulars of entry.)
Dated
“JOHN E. SMITH,
“District Registrar.”
69
No Transfer of Proprietorship of a Charge shall be registered without delivery up of the existing certificate.
70
Whenever a Charge is registered the Register Number of such Charge shall be entered in the Memorandum at foot of the Register of the Proprietor’s Title. Whenever an Inhibition is registered against a Charge the Number of the Inhibition shall be entered on the Memorandum at foot of the Register, and when Cancelled an entry shall be made of such Cancellation.
71
Upon sale or foreclosure under any order or decree of the Supreme Court of land subject to a registered charge, the District Registrar shall make the requisite entries and transfers for giving effect to such order or decree.
72
Upon a sale of land under a power of sale contained or implied in the instrument of charge the District Registrar shall, after due proof made to his satisfaction of compliance with the prescribed conditions, make the requisite entries and transfers in the Register for giving effect to such sale.
73
Upon the discharge of any charge, the District Registrar shall write across the entry in the Register a Minute indicating such discharge, whereupon such Registry shall be deemed to be cancelled and discharged.
General Regulations relating to Transfers of Land and Charges
74
When any land or charge is transferred entire, the District Registrar shall write or cause to be written across the original entry a minute indicating such transfer, and shall sign the same.
75
Where land is subdivided a new entry shall be made in the Register of Proprietors, in respect of each subdivisional part, including the part, if any, retained by the original Proprietor, and Minutes shall be written across the original entry indicating such subdivisional transfers.
76
Deeds of transfer shall be numbered and indexed according to Regulations made from time to time by the Registrar-General.
Transmission
77
Upon any application made to register Title, upon the death of a sole registered proprietor or of the survivor of several joint registered proprietors, it shall be the duty of the District Registrar to satisfy himself, whether the deceased held the land in his own right, or as a trustee, whether he died testate or intestate, whether he left his estate free from, or subject to debts. If testate, he is to satisfy himself as to the validity of the Will or Codicil of the deceased,—whether the land was devised by such Will or Codicil absolutely or subject to particular uses, estates, trusts, or interests, or to charges or special limitations or conditions, and who are the devisees and other persons interested under such Will. If the deceased died intestate, he is to satisfy himself who is his heir at law, and in case he died leaving his estate subject to debts, then who are his creditors. Where any persons appearing to be interested in the land, shall be infants, he shall satisfy himself who is the guardian or person entitled to be the guardian of such infants; in the case of married women, who are their husbands; in the case of lunatics, who are their Committees, if any; And of all other matters in any way material, in his judgment, for determining, who is the fit person to be registered in the place of the deceased proprietor. All which matters and things he shall fully report to the Registrar-General.
78
Where it shall appear to the satisfaction of the Registrar-General, that the deceased proprietor was Trustee, no person shall be registered as proprietor except upon the order, or in accordance with the opinion, of the Supreme Court.
79
Before assuming the intestacy of a deceased proprietor, the District Registrar shall require the production of letters of administration to the deceased, if granted;—if none have been granted, then an affidavit to that effect. He shall also require the affidavit of the party applying to the effect that he or she has made, or caused search to be made, for any Will or Codicil of the deceased, amongst the papers of the deceased, at his Bankers, if any, at his Agents or Solicitors, if any, and in all other places where it was likely that a Will or Codicil may have been deposited; and further that no Will or Codicil has been found, nor has any circumstance come to the knowledge of the deponent, from which to infer that any Will or Codicil is or has been in existence; (or, if there has been any Will or Codicil in existence), then that the same has been destroyed (setting out the facts relating to such destruction)—and generally the party applying shall make affidavit that he or she verily believes that there is no Will or Codicil of the deceased in existence. The District Registrar shall also require any corroborative proof of intestacy as to him may seem fit.
80
Whenever application is made to register the title of a deceased Proprietor of land, the Registrar shall advertise for Creditors to come in before him and prove their debts on or before a day specified in such advertisement. Such advertisement shall be continued for three successive weeks in some newspaper of the Province in which the land is situate. All persons having claims on the estate of the deceased may come in and prove their claims, and upon proof thereof, to the satisfaction of the District Registrar, Inhibitions may be lodged against the registered land by or on behalf of such claimants according to legal priority.
81
Where a Will or a Codicil shall have been proved in some competent Court, the probate exemplification or office copy of such Will or Codicil may be admitted as evidence of such Will or Codicil for purposes of Registration, with such corroborative proof, if any, as the District Registrar shall require.
82
Every such original Will probate or office copy shall be deposited with the District Registrar, and shall be properly numbered for reference, and kept in some proper place of safe custody.
83
Where an original Will or Codicil shall be produced for the purpose of Registration, the District Registrar shall require proof thereof by at least one of the Witnesses, if resident within the District; or such other proof as would be required of Wills or Codicils in Courts of Equity.
84
Provided, that as regards Wills and Codicils, executed out of the Province, or in case of the absence of Witnesses, the District Registrar may dispense with proof by witnesses of such Will or Codicil, on receiving evidence to his satisfaction, as to the custody from which such Will or Codicil came, and such other evidence as may satisfy him of the genuineness and validity of such Will or Codicil.
85
If by the Will or Codicil of the deceased proprietor the Land be devised to any person or persons absolutely, such person or persons shall be registered as Proprietor or Proprietors in place of the deceased Proprietor.
86
If the same be devised to more persons than one as Tenants in common, the Devisee of each share in common shall be registered as Proprietor in respect of such share.
87
If such devise shall be subject to charges, which, in the judgment of the District Registrar, should be protected by Inhibition, the Title shall be registered subject to such Inhibition, which the District Registrar shall lodge accordingly.
88
If the devise be to Trustees, such Trustees shall be registered as Proprietors, subject to Inhibition for protecting the rights of all parties interested under the Will or Codicil, which Inhibition the District Registrar shall lodge accordingly.
89
If the devise be for particular Estates, or subject to limitations, powers or conditions, the Title shall be registered in the name of the devisee for the first estate of freehold, if he shall appear to the District Registrar a fit person to protect the rights of parties interested under the Will or Codicil—and if not, then in the name of such other person as shall appear in the judgment of the District Registrar to be the fit person: subject to Inhibition for protecting the rights of all parties interested under the Will or Codicil, which Inhibition the District Registrar shall lodge accordingly.
90
The District Registrar shall not make any entry, in the case of transfer of Title on the death of a deceased Proprietor, until he shall have first transmitted full particulars of the whole case to the Registrar-General, who may direct the District Registrar what entries to make; and the District Registrar shall in all things conform to such directions of the Registrar-General.
91
When an infant shall be entitled to be registered as Proprietor in the last mentioned cases, the guardian, or person entitled to be guardian, of such infant may be registered in his or her place, subject to an Inhibition for protecting the rights of such infant, which Inhibition the District Registrar shall lodge accordingly.
92
When a married woman shall be entitled to be registered as Proprietor, in the last mentioned cases, the husband of such married woman may be joined on the Register with his wife as co-Proprietor, in right of his wife: subject to the conditions and regulations applicable to the Registration of a husband, in right of his wife.
93
Where the person entitled to be registered as Proprietor, shall appear to the District Registrar to be an idiot or lunatic, the District Registrar may register the Committee of such idiot or lunatic as Proprietor in his or her place: subject to Inhibition for protecting the rights of such idiot or lunatic, which Inhibition the District Registrar shall lodge accordingly.
94
Where, upon the application of any person to register the Title to land of a deceased proprietor, it shall appear to the satisfaction of the District Registrar, that the deceased proprietor died intestate, the District Registrar shall cause an advertisement to be inserted in some Newspaper circulating in the Province, calling on persons to come in and establish their claims as Heir or Heirs at Law of the deceased; and he shall, in such advertisement, specify a day and time and place for hearing and determining such claims; at which time and place he shall examine such claims, and shall hear any parties then present, tendering evidence or information in reference thereto, or to the Heirship of the deceased; and he may from time to time adjourn such hearing; and he shall ascertain to his satisfaction, the Heirship to the deceased; and shall compile or cause to be compiled a proper Pedigree to the deceased, showing such Heirship, and the degree of consanguinity to the deceased; and shall transmit the same with the verifications thereof to the Registrar-General.
95
Upon examining a married woman as to her assent to any disposition of Land whereof she and her husband are registered as co-proprietors, it shall be the duty of the District Registrar to explain to her her rights in the Land, and the effect of the proposed disposition; and he shall enquire whether she intends to give up her interest in the estate to be passed; and he shall make a record of her answer thereto; and where any such married woman, in answer to such enquiry shall declare that she intends to give up her interest without any provision, the District Registrar shall satisfy himself of the truth of such declaration; and where any provision has been agreed to be made, the District Registrar shall satisfy himself that the same has been made; and he shall record the particulars thereof; and he shall not proceed with the proposed Registration until he shall be satisfied as to the foregoing particulars.
Leases
96
No notice of a Lease or agreement for a Lease shall be registered unless such Lease or agreement be made by the registered Proprietor of the land to which it relates, or his duly authorised Attorney, except in the case of Leases made by a deceased Proprietor, which may be registered as against the person succeeding on the Register to the title of the deceased Proprietor.
97
No Lease or agreement for lease shall be registered, without a plan of the land included therein, either contained in the instrument itself or annexed thereto, with a declaration by the party applying to the following effect:—
“I, A. B., of , declare that the annexed Lease (or agreement for Lease) relates to the “land described in the annexed plan, and I apply to Register notice thereof in respect of such “land.
“Dated
“A. B., of .”
If by Attorney then add the words “by C. D. of his Attorney.”
Such plan shall be conformable to Regulations, and shall precisely identify the land included in the Lease or agreement for Lease with the proprietary title thereto.
98
Leases or agreements for Leases, deposited for purposes of registry, shall be numbered consecutively, in the order in which they shall be deposited, and each instrument deposited shall be stamped or marked with its proper number, and shall be kept in some place for safe custody under the charge of the District Registrar.
99
An entry of every such Lease or agreement for Lease shall be made in the Register of Leases, in the order in which the same shall be deposited; and such entry may be in the form following, which form may be varied from time to time by authority of the Registrar-General.
FORM OF ENTRY IN REGISTRAR OF LEASE.
“On the day of notice of the undermentioned Lease (or agreement for Lease) was registered, viz.:—
“Date of Lease (or agreement).
“Name of Proprietor and Lessor.
“Register number of ditto.
“Description of land.
“Name of Lessee, with his place of abode and addition.
Term.
Yearly Rent, £
A plan of such land is (delineated on the opposite leaf, or) hereto annexed (as the case may be.)
Immediately on any such Lease or agreement being entered in the Register of Leases, a reference to it under its proper number shall be entered in the Register of Proprietors.
100
When any Lease or agreement for Lease, whereof notice is registered, shall be surrendered or otherwise determined, the District Registrar shall, upon proof thereof to his satisfaction, cancel the entry of such notice upon the Register, by writing across the same a minute indicating such surrender or determination, and sign the same. The entry in the Index shall at the same time be cancelled, and the entry of discharge made in the Memorandum subjoined to the Register of proprietorship.
Titles derived through Unregistered Instruments
101
Persons seeking to register Titles, whether to land or charges derived through unregistered instruments may do so,—subject to the like Regulations as in the case of an original application.
102
Persons seeking to Register charges on land to which Title shall be derived through unregistered instruments may do so, on proof of Title to the satisfaction of the District Registrar,— subject to such Regulations as the Registrar-General shall from time to time prescribe.
Inhibitions
103
Any Inhibition authorised by the Land Registry Act may be lodged either by delivery at the Registry Office or by sending the same by post in the usual way, addressed to the District Registrar, together with a statement showing the nature of the interest sought to be protected by such Inhibition. Such interest shall be defined in such statement, as nearly as may be, in a simple and compendious form.
104
The Inhibition shall be in the form or to the effect following,—subject to be varied by direction of the Registrar-General:—
“I, A. B., of , declare that I am interested in the undermentioned land or charge’ “that is to say”
—[specify whether land or charge, and the particulars thereof. If land, the situation, estimated contents, measurement, Province, District, Parish or place where situate, the number of the section, subsection, or allotment, the number of the Crown Grant relating to the same, the name of the registered Proprietor of the land or charge, and the Register number thereof]. “The “nature of the interest which I desire to protect appears by the accompanying statement. A plan “of the land to which this Inhibition relates is hereto annexed; and I hereby inhibit any dealing “with such land to the prejudice of my before-mentioned interest. My address is:”
—[Here add some place of address in the town where the Register Office is situate].
“A. B.”
“Signed in the presence of”
105
Such declaration and Inhibition shall be either signed and made in the presence of the District Registrar or Registrar-General, or their respective Deputies, or before some Justice of the Peace for the Colony of New Zealand.
106
If the Inhibition relates to land, a plan of the land shall be annexed.
107
Inhibitions shall be numbered consecutively in the order in which they shall be received, and each Inhibition shall be stamped or marked with the proper number, immediately on receipt thereof, and a reference thereto entered in the Register of Proprietors, (or of charges as the case may be,) affected by such Inhibition.
108
A Book shall be kept for entering a short minute of Inhibitions, lodged immediately on receipt thereof.
109
Such Book shall be kept in the form from time to time prescribed by the Registrar-General.
110
A receipt for each Inhibition shall be signed by the District Registrar, and delivered or sent by Post to the Inhibitor, which receipt shall be in a form from time to time prescribed by the Registrar-General, and shall specify the day and hour of the receipt thereof.
111
On the District Registrar being satisfied that the Regulations have been complied with, the Inhibition shall be forthwith registered in the Register of Inhibitions, each Inhibition being entered separately in consecutive order.
112
The form of entry in the Register of Inhibitions may be as follows,—subject to be from time to time altered-by authority of the Registrar-General:—
“the day of (the day of the deposit of Inhibition), the following Inhibition “was lodged, viz.:—[Here copy Inhibition]. The interest protected by such Inhibitor is as “follows:”—[Here copy particulars from the statement accompanying the Inhibition]. “The “proprietor of the said (land or charge as the case may be), is hereby inhibited from dealing with “the same to the prejudice of the above mentioned interest.”
“JOHN E. SMITH,
“District Registrar.”
113
Notice of such Inhibition shall be given forthwith to the registered Proprietor of the land or charge to which the Inhibition relates or to his agent, in such manner as the Registrar-General shall from time to time direct.
114
Every person lodging an Inhibition shall make and subscribe before the District Registrar, or before some Justice of the Peace for the Colony, an affidavit to the following effect, which shall be annexed to the Inhibition:—
“I, A. B., of , do solemnly swear that according to the best of my knowledge, “information, and belief, I am (or if the Inhibition be lodged on behalf of any other person, then “that C. D. is) (or are) interested in the land or charge referred to in the annexed Inhibition.
“Dated, &c.
“Sworn, &c.
115
In all cases of proposed transfer by the Registered Proprietor of any land or charge subject to Inhibition, notice of such proposed transfer shall be given to the Inhibitors.
Such notice shall be given by the District Registrar in such form and manner as the Registrar-General shall from time to time direct, and Inhibitors shall be entitled to be heard by the District Registrar in objection to any proposed transfer.
116
Inhibitions shall be cancelled by the District Registrar writing across the same a Minute indicating such cancellation, with his signature, and the necessary entries shall at the same time to be made in the Registers affected by the Inhibition, and in the Indices.
Inspection of Register
117
Before inspecting any Register or document in the custody of the District Registrar, the person applying for inspection shall subscribe the following declaration:—
“I, A. B. of , do declare that I am the Proprietor of [or as the case may be, “authorised by the Proprietor of or by C. D., of , a person having an interest in] the undermentioned land (or charge), and I apply to inspect,”
[Here specify the Register or “Document referred to,] “relating to the same land or charge.”
“Dated this day of
A.B.
“Land or charge referred to. [Here specify the land or charge referred to.]
A. B.
Fees
118
The following shall be the scale of Fees:—
| For every application to register a Title to Land or a Charge or a Notice of Lease or an Inhibition | 5s. | |
| For every hearing and adjournment of hearing, by every party attending the hearing | 5s. | |
| For every examination of Title to Land | ||
| For every Deed or Document deposited for examination | 1s. | |
| For every Entry on the Register, whether of Proprietorship, Charge, Lease, or Inhibition, exclusive of the Plan | 2s. | 6d. |
| For every Certificate of Title to Land or Charge, exclusive of the Plan | 2s. | 6d. |
| For cancelling an Entry | 2s. | 6d. |
| For every inspection of a Register or Document | 1s. | |
| For Copies of Documents per folio of words exclusive of Plans | 4d. | |
| For Copies of Plans per Sections, Sub-section, or Allotment, in addition to Fee for Entry | 2s. | 6d. |
| For every Gazette Notice, (besides cost of advertizing) | 5s. |
Assurance Fund
119
The value of land for the purpose of the Land Assurance Fund shall be estimated according to the value declared by the applicant. If the District Registrar shall be dissatisfied with such declared value, he may surcharge the applicant at such value as he may think fit. If the applicant shall be dissatisfied with such surcharge, and the applicant and the District Registrar shall be unable to agree on the value, the applicant may demand a valuation, and the value shall in that case be determined by some competent Surveyor, to be nominated by the District Registrar. If such valuation shall amount to or exceed the amount surcharged, the cost of the valuation shall be borne by the applicant, otherwise by the Government.
120
No Certificate of Land or Charge shall be issued without prepayment of the Assurance Fund assessment.
Notices
121
Every person making an application to register, lodging an Inhibition, or taking any other proceeding under the Land Registry Act shall, at the same time, specify in writing some known place of address situate in the same Town as the Register Office, at which place notifies may be left. The leaving of Notices at such places shall be deemed good service thereof under the Act and under these Regulations.
122
The same persons may, by writing left with the District Registrar, from time to time change such place of Notices.
123
These Regulations may from time to time be altered and rescinded by the Governor in Council and the Registrar General may rescind, alter, and vary the same so far as may be consistent with the powers vested in him on that behalf by the Land Registry Act.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Land Registry Amendment Act 1861
RSS feed link copied, you can now paste this link into your feed reader.