This Act may be cited for all purposes as “The Land Transfer Act 1870.”

The several Acts specified in the Schedule R of this Act shall as to all lands included within any Land Registrar’s District be repealed on the constitution of such district Provided that all titles to land brought under the operation of the said Acts respectively shall be and remain as good and valid in law as they would have been if the said Acts had not been repealed.

All lands heretofore brought under or subjected to the provisions of the said repealed Acts shall as soon as conveniently may be after such lands being included in a Land Registrar’s District be brought under and subject to the provisions of this Act in such manner and subject to such terms and conditions as may be provided for in regulations to be made from time to time by the Governor in Council which regulations are hereby authorized to be made but without cost to the person registered as proprietor under the said repealed Acts and the Assurance Fund constituted by “The Land Registry Act 1860” and the securities in which the same or any part thereof are for the time being invested shall form part of the Assurance Fund constituted by this Act.

In the construction and for the purposes of this Act and in all instruments purporting to be made or executed thereunder (if not inconsistent with the context and subject-matter) the following terms shall have the respective meanings hereinafter assigned, to them that is to say—

The Governor may from time to time as he may think fit by Proclamation published in the New Zealand Gazette constitute throughout the Colony or in any part thereof Land Registrars’ Districts for the purposes of this Act and declare by what local name each such district shall be designated but such districts shall be constituted throughout the North and Middle Islands of New Zealand before the first day of March one thousand eight hundred and seventy-one.

There shall be an officer called the Registrar-General of Land who shall from time to time be appointed by the Governor.

There shall be an officer in and for each Land Registrar’s District called the District Land Registrar for the district who shall from time to time be appointed by the Governor.

The Registrar-General of Land shall be appointed to and may hold the office of District Land Registrar in such district as the Governor may from time to time direct in conjunction with the office of Registrar-General of Land so long as and until in the opinion of the Governor the amount of business in the Registrar-General’s Office renders it expedient that such offices should not be held by one and the same person.

Every District Land Registrar shall have and use a seal of office bearing the impression of the Royal Arms of England and having inscribed in the margin thereof the words “[Name of District] District Land Registrar New Zealand” and every instrument bearing the imprint of such seal and purporting to be signed or issued by a District Land Registrar or by his assistant or his deputy shall be received in evidence and shall be deemed to be signed or issued by or under the direction of the District Land Registrar without further proof unless the contrary be shown.

The Governor may from time to time appoint for any Land Registrar’s District an Assistant Land Registrar who shall unless the Governor otherwise direct be the Registrar of Deeds under “The Deeds Registration Act 1868” at the city or town at which the office of the District Land Registrar is kept and except as hereinafter provided whenever under this Act anything is appointed or authorized to be done by the District Land Registrar of any district the same may lawfully be done by the Assistant Land Registrar of such district but such Assistant Land Registrar shall conform to any regulations for the time being in force under this Act and to any directions given by the District Land Registrar of his district but nothing herein shall be taken to authorize any Assistant Land Registrar to exercise or perform the powers or duties conferred or imposed on District Land Registrars in conjunction or concurrence with the Examiner of Titles of his district.

The Governor may from time to time appoint a Deputy to any of the officers aforesaid to act in case of death illness or absence of the officer to whom he is Deputy and every Deputy during the time he shall so act shall have all the powers and privileges and perform all the duties and be subject to all the responsibilities of the officer to whom he is Deputy.

The Governor may from time to time if he shall think it necessary to do so appoint for each or for any of the Land Registrar’s Districts one or more qualified persons being barristers or solicitors or persons being such barristers or solicitors holding the office of Registrar of Deeds to be Examiners of Titles in and for such district.

The Governor may from time to time appoint such Clerks and other officers and provide such offices and buildings as he may think necessary for carrying into operation the provisions of this Act.

All persons appointed to any office under this Act shall hold office during pleasure and may be removed or suspended by the Governor They shall be paid such salary or other remuneration as shall be fixed by the General Assembly or until such salary or remuneration shall be so fixed they shall be paid out of any moneys for the time being applicable to the purpose such salary or remuneration as the Governor may from time to time appoint.

Any person appointed to any office under this Act may hold such office in conjunction with any office under Government if the Governor shall authorize him to do so but no person appointed to any office under this Act shall practise as a barrister or solicitor otherwise than as Examiner of Titles under this Act or be in partnership with any solicitor or barrister.

The oath following shall be taken before one of the Judges of the Supreme Court by every Registrar-General and by every Deputy Registrar-General and by every District Land Registrar and Deputy District Land Registrar who may hereafter be appointed before entering upon the execution of his office—

Whenever any question shall arise with regard to the performance of any of the duties or the exercise of any of the functions by this Act conferred or imposed upon the District Land Registrar of a district which he is authorized or empowered to exercise or perform in conjunction or together with or with the consent of the Examiner of Titles of such district then in case of difference of opinion between such Land Registrar and Examiner the Land Registrar shall state a case for the opinion of the Registrar-General and thereupon the Registrar-General shall decide upon the matter and such decision shall be binding upon such Land Registrar and Examiner.

The Registrar-General may with the consent of the Governor acting with the advice and consent of the Executive Council from time to time make such alterations in the several forms of instruments prescribed in the Schedule hereto as he may deem requisite and shall from time to time supply to each District Land Registrar a sufficient quantity of such forms and every District Land Registrar shall cause every such form supplied to him to be stamped with his seal and to be supplied at the Land Registry Office of his district free of charge or at such moderate prices as the Registrar-General may from time to time fix or may license any person to print and sell the same and every such form if made in a form purporting to be a proper form and to be sealed as aforesaid shall be taken to be made in the legally authorized form unless the contrary is proved.

Each District Land Registrar may exercise the following powers that is to say—

He may require the proprietor or other person making application to have any land in his district brought under the provisions of this Act or the proprietor or mortgagee or other person interested in any land in his district and under the provisions of this Act in respect of which any transfer lease mortgage encumbrance or other dealing or any release from any mortgage or encumbrance is about to be transacted or in respect of which any transmission is about to be registered or registration abstract granted under this Act to produce any grant certificate of title conveyance deed mortgage lease will or other instrument in his possession or within his control affecting such land or the title thereto

He may summon any such proprietor mortgagee or other person as aforesaid to appear and give any explanation respecting such land or the instruments affecting the title thereto and if upon requisition in writing made by a District Land Registrar such proprietor mortgagee or other person refuses or neglects to produce any such instrument or to allow the same to be inspected or refuses or neglects to give any explanation which he is hereinbefore required to give he shall forfeit and pay a sum not exceeding twenty pounds and such District Land Registrar if the instrument or information so withheld appears to him material shall not be bound to proceed with the bringing of such land under the provisions of this Act or with the registration of such transfer or other dealing or with the issuing of such registration abstract as the case may be

He may administer oaths or may take a statutory declaration in lieu of administering an oath

He may upon such evidence as shall appear to him and the Examiner of Titles for his district sufficient in that behalf correct errors in certificates of title to land in his district or in the register book of his district or in entries made therein respectively and may supply entries omitted to be made under the provisions of this Act Provided always that in the correction of any such error he shall not erase or render illegible the original words and shall affix the date on which such correction was made or entry supplied with his initials and every certificate of title so corrected and every entry so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry omitted except as regards any entry made in the register book prior to the actual time of correcting the error or supplying the omitted entry

He may enter caveats for the protection of any person who shall be under the disability of infancy coverture lunacy unsoundness of mind or absence from the Colony or on behalf of Her Majesty her heirs or successors to prohibit the transfer or dealing with any land within his district belonging or supposed to belong to any such persons as hereinbefore mentioned and also to prohibit the dealing with any land within his district in any case in which it shall appear to him that an error has been made by misdescription of such land or otherwise in any certificate of title or other instrument or for the prevention of any fraud or improper dealing.

All Crown Lands and all lands set apart as roads or for public purposes which at the time of the constitution of the Land District within which such lands may be are unalienated by the Crown and are not the subject of subsisting contract with the Crown for alienation and all lands over which at the time of the constitution of the Land District within which such lands may be the Native Title has not been extinguished shall when a Crown Grant thereof in fee shall be issued be subject to the provisions of this Act.

Land in New Zealand granted or contracted to be granted by the Crown in fee prior to the day on which such land is included in a land district under this Act (whether such land shall constitute the entire or only part of the land included in any grant) may be brought under the provisions of this Act in the following manner that is to say—The District Land Registrar of the district in which such land is shall receive applications in form A of the Schedule hereto or in words to the like effect for bringing land under the provisions of this Act if made by any of the following persons that is to say—

Provided always that no such application shall be received from any person claiming to be entitled to an undivided share of any land unless the persons who shall appear to be entitled to the other undivided shares of the said land shall join in such application with a view to bringing the entirety under the provisions of this Act nor from the mortgagor of any land unless the mortgagee shall consent in such application nor from the mortgagee of any land except in the exercise of a power of sale contained in the mortgage deed nor from a married woman unless her husband shall consent in such application Provided also that the father or if the father be dead the mother or other guardian of any infant or the committee or guardian of any lunatic or person of unsound mind may make such application in the name of such infant lunatic or person of unsound mind and any agent holding power of attorney authorizing the sale of a freehold estate in any land of an absent proprietor may make such application in respect to such land in the name of such proprietor unless such power shall expressly prohibit his so doing.

Every such applicant shall when making his application surrender to the District Land Registrar all instruments in his possession or under his control constituting or in any way affecting his title and shall furnish a schedule of such instruments and also if required an abstract of his title and shall in his application state the nature of his estate or interest and of every estate or interest held therein by any other person whether at law or in equity in possession or in futurity or expectancy and whether the land be occupied or unoccupied and if occupied the name and description of the occupant and the nature of his occupancy and whether such occupancy he adverse or otherwise and shall state the names and addresses of the occupants and proprietors of all lands contiguous to the land in respect to which application is made so far as known to him and that the schedule so furnished includes all instruments of title to such land in his possession or under his control and shall make and subscribe a declaration of the truth of such statement and such applicant may if he think fit in his application require the District Land Registrar at the expense of such applicant to cause personal notice of his application to be served upon any person whose name and address shall for that purpose he therein stated and he shall append to his application a plan of the land applied for showing the boundaries and relative position of the land to which the application relates.

Upon the receipt of such application the District Land Registrar shall cause the title of the applicant to be examined and reported upon by the Examiner of Titles for his district and shall thereafter take into consideration such application with the report of the Examiner of Titles thereon and shall confer with such Examiner of Titles thereon and if it shall appear to such District Land Registrar and Examiner of Titles that the applicant proprietor is the original grantee from the Crown of the land in respect to which application is made and that such land has been granted on or subsequent to the twenty-eighth day of December one thousand eight hundred and forty-one and that no sale mortgage encumbrance or other transaction affecting the title of such land has at any time been registered in the Colony and that such applicant has not required notice of his application to be served personally upon any person then in such case it shall be lawful for such District Land Registrar and Examiner to direct that the District Land Registrar shall bring such land under the provisions of this Act forthwith by issuing to the applicant proprietor or to such person as he or the person applying in his behalf may by writing under his hand direct a certificate of title for the same as hereinafter described.

If it shall appear to the satisfaction of the said District Land Registrar and Examiner that the land in respect to which application is made whether the same may have been granted by the Crown prior to or on or subsequent to the twenty-eighth day of December one thousand eight hundred and forty-one is held by the applicant for the estate or interest described in such application free from mortgage encumbrance or other beneficial interest affecting the title thereto or if any such mortgage encumbrance or interest remain unsatisfied that the parties interested therein are also parties to such application and that the applicant has not required notice of his application to be served personally on any person then and in any such case the said District Land Registrar and Examiner shall direct that the District Land Registrar shall cause notice of such application to be advertised once in the Government Gazette and three times in at least one paper published in the Land District and shall further limit and appoint a time not less than one month nor more than twelve months from the date of the advertisement in the Government Gazette upon or after the expiration of which the District Land Registrar shall unless he shall in the interval have received a caveat forbidding him so to do proceed to bring such land under the provisions of this Act.

But if it shall appear to the satisfaction of the said District Land Registrar and Examiner that any parties interested in any unsatisfied mortgage or encumbrance affecting the title to such land or beneficially interested therein otherwise than as lessees are not parties to such application or that the evidence of title set forth by the applicant is imperfect or that the applicant has required notice of his application to be served personally upon any person then and in such case it shall be lawful for such District Land Registrar and Examiner to reject such application altogether or at their discretion to direct that the District Land Registrar shall cause notice of such application to be served in accordance with such requirement upon all persons other than the applicant who shall appear to them to have any interest in the land which is the subject of such application and to be advertised three times in at least one newspaper published in the district and in such newspapers published elsewhere as to such District Land Registrar and Examiner may seem fit and to be published in the New Zealand Gazette and in the London Gazette and in the official Gazettes of each of the Colonies of New South Wales Victoria South Australia Queensland Tasmania and Western Australia or in any one or more of such Gazettes and the said District Land Registrar and Examiner shall specify the number of times and at what intervals such advertisements shall be published in each or any of such Gazettes and shall also limit and appoint a time in such advertisements not less than two months nor more than twelve months from the date of the first of such advertisements in the New Zealand Gazette upon or after the expiration of which it shall be lawful for the District Land Registrar to bring such land under the provisions of this Act unless he shall in the interval have received a caveat forbidding him so to do.

The District Land Registrar shall under such direction as aforesaid or under any order of the Supreme Court cause notice to be published in such manner as by such direction or order may be prescribed that application had been made for bringing the land therein referred to under the provisions of this Act and shall also cause a copy of such notice to be posted in a conspicuous place in his office and in such other places as he may deem necessary and shall forward by registered letter marked outside “Lands Registry Office” through the Post Office a copy of such notice addressed to the persons if any whom the said District Land Registrar and Examiner shall have directed to be served with such notice and to the persons if any stated in the declaration by the applicant proprietor to be in occupation of such land or to be occupiers or proprietors of land contiguous thereto so far as his knowledge of the addresses of such persons may enable him and in case such applicant shall have required any such notice to be personally served upon any person named in his application then and in such case the District Land Registrar shall cause copy of such notice to be so served upon such person.

If within the time limited in such direction or under any order of the Supreme Court any notice forwarded by registered letter as aforesaid shall not be returned to him by the Postmaster-General and if within the time so limited he shall not have received a caveat as hereinafter described forbidding him so to do and in any case in which personal notice may be required as aforesaid if he shall have received proof to his satisfaction that such notice has been served the District Land Registrar shall pursuant to such direction as aforesaid bring the land described in such application under the provisions of this Act by issuing to the applicant proprietor or to such person as he or the person applying in his behalf may by any writing under his hand direct a certificate of title for the same as hereinafter described.

The District Land Registrar whenever any letter containing any notice shall be returned to him by the Postmaster-General shall confer with the Examiner of Titles for his District thereon and whenever he shall be made aware that any notice required by any applicant to be served personally has failed to be or cannot be so served he shall notify the same to such applicant who if he think fit may by writing under his hand withdraw such requirement and the District Land Registrar shall confer with the Examiner of Titles thereon and in either such case the District Land Registrar and Examiner may reject the application altogether or may direct that the District Land Registrar shall bring the land therein described under the provisions of this Act forthwith or after such further interval notification or advertisement as they may deem fit.

Any person having or claiming an interest in any land so advertised as aforesaid or the attorney of any such person may within the time by the direction of the District Land Registrar and Examiner for that purpose limited lodge a caveat with the District Land Registrar in form B of the Schedule hereto forbidding the bringing of such land under the provisions of this Act and every such caveat shall particularize the estate interest lien or charge claimed by the person lodging the same.

The District Land Registrar upon receipt of any such caveat within the time limited as aforesaid shall notify the same to such applicant proprietor and shall suspend further action in the matter and the lands in respect of which such caveat may have been lodged shall not be brought under the provisions of this Act until such caveat shall have been withdrawn or shall have lapsed from any of the causes hereinafter provided or until a decision shall have been obtained from the Court having jurisdiction in the matter.

After the expiration of three calendar months from the receipt thereof every such caveat shall be deemed to have lapsed unless the person by whom or on whose behalf the same was lodged shall within that time have taken proceedings in any Court of competent jurisdiction to establish his title to the estate interest lien or charge therein specified and thereof shall have given written notice to the District Land Registrar or shall have obtained from the Supreme Court an order or injunction restraining the District Land Registrar from bringing the land therein referred to under the provisions of this Act.

Any applicant proprietor may withdraw his application at any time prior to the issuing of the certificate of title and the District Land Registrar shall in such case upon request in writing signed by such applicant proprietor return to him or to the person if any notified in such application as having a lien upon such instruments the abstract and all instruments of title deposited by such proprietor for the purpose of supporting his application.

Upon issuing a certificate of title bringing land under the provisions of this Act the District Land Registrar shall stamp as cancelled every instrument of title surrendered by the proprietor when making his application Provided that if any such instrument shall relate to or include any property whether personal or real other than the land included in such certificate of title then the District Land Registrar shall indorse thereon a memorandum cancelling the same in so far only as relates to the land included in such certificate of title and shall return such instrument to such proprietor otherwise he shall retain the same in his office and no person shall be entitled to the production of such instrument so stamped except upon the written order of the applicant proprietor or of some person claiming through or under him or upon the order of the Supreme Court or a Judge thereof.

In case an applicant proprietor or the person to whom an applicant proprietor may have directed a certificate of title to be issued shall die in the interval between the date of his application and the date appointed for the certificate of title to issue in accordance with the provisions hereinbefore contained the certificate of title shall be issued in the name of such applicant proprietor or in the name of the person to whom he may have directed it to be issued as the case may require and such land shall devolve in like manner as if the certificate of title had been issued prior to the death of such applicant proprietor or person so named by him.

Upon the first bringing of land under the provisions of this Act whether by the grant thereof in fee by the Crown or consequent upon the application of the proprietor as hereinbefore provided and also upon the registration of the title to an estate of freehold in possession in land under the provisions of this Act derived through the will or intestacy of a previous proprietor or under any settlement there shall be paid to the District Land Registrar of the district in which the land is the sum specified in the Schedule hereto marked P and in the case of land brought under the provisions of this Act by grant in fee from the Crown if such land shall have been sold by or on behalf of the Crown the price paid for such land shall be deemed and taken to be the value thereof for the purpose of levying such sum and in all other cases as aforesaid such value shall be ascertained by the oath or solemn affirmation of the applicant proprietor or person deriving such land by transmission Provided always that if the District Land Registrar shall not be satisfied as to the correctness of the value so declared or sworn to it shall be lawful for him to require such applicant proprietor or person deriving such land by transmission to produce a certificate of such value under the hand of a sworn valuator which certificate shall be received as conclusive evidence of such value for the purpose aforesaid All sums so paid to the District Land Registrar shall form one common fund They shall be paid to the Public Account to the credit of an account to be called “The Land Assurance Fund Account” and such money shall be deemed to be and be treated as part of the Public Trust Funds within the meaning of the Public Revenues Acts.

The reversion expectant upon any lease shall not be deemed to have been extinguished in consequence of the land whereof such lease has been granted having been brought under the provisions of this Act and the person named in any certificate of title as seized of the land therein described shall be held in every Court of Law and Equity to be seized of the reversion expectant upon any such lease that may be noted by memorial thereon and to have all powers rights and remedies to which a reversioner is by law entitled and shall be subject to all covenants and conditions therein expressed to be performed on the part of the lessor.

Each District Land Registrar shall keep a book to be called the “Register Book” and shall bind up therein the duplicates of all grants of land within his district and of all certificates of title to land within his district and each grant and certificate of title shall constitute a separate folium of such book and the District Land Registrar shall record thereon the particulars of all instruments dealings and other matters by this Act required to be registered or entered on the register book affecting the land included under each such grant or certificate of title distinct and apart.

The registered proprietor of an estate of freehold in possession in land under the provisions of this Act not being a lease for a life or lives shall be entitled to receive a certificate of title for the same which certificate of title shall be in duplicate in the form C of the Schedule hereto and shall set forth the nature of the estate of freehold in respect to which it is issued and the District Land Registrar shall note thereon in such manner as to preserve their priority the particulars of all unsatisfied mortgages or other encumbrances and of any dower lease or rent charge to which the land may be subject and if such certificate of title be issued to a minor or to a person otherwise under disability he shall state the age of such minor or the nature of the disability so far as known to him and shall cause one original of each certificate of title to be bound up in the Register Book and deliver the other to the proprietor entitled to the land described therein.

Every certificate of title duly authenticated under the hand and seal of the District Land Registrar shall be received in all Courts of Law and Equity as evidence of the particulars therein set forth and of their being entered in the register book and shall except in any of the cases hereinafter otherwise provided be conclusive evidence that the person named in such certificate of title or in any entry thereon as seized of or as taking estate or interest in the land therein described is seized or possessed of such land for the estate or interest therein specified and that the property comprised in such certificate of title has been duly brought under the provisions of this Act and no certificate of title shall be impeached or defeasible on the ground of want of notice or of insufficient notice of the application to bring the land therein described under the provisions of this Act or on account of any error omission or informality in such application or in the proceedings pursuant thereto by the District Land Registrar or by the District Land Registrar in conjunction with the Examiner of Titles.

Every grant and certificate of title shall be deemed and taken to be registered under the provisions and for the purposes of this Act so soon as the same shall have been marked by the District Land Registrar of the district within which the land to which the same relates is with the folium and volume as embodied in the register book and every memorandum of transfer or other instrument purporting to transfer or in any way to affect land under the provisions of this Act shall be deemed to be so registered so soon as a memorial thereof as hereinafter described shall have been entered in the register book of the district within which such land is upon the folium constituted by the existing grant or certificate of title of such land and the person named in any grant certificate of title or other instrument so registered as seized of or taking any estate or interest shall be deemed to be the registered proprietor thereof.

Except as hereinafter otherwise provided every grant or other instrument presented for registration shall be in duplicate and shall be attested by a witness and shall be registered in the order of time in which the same is produced for that purpose and instruments registered in respect to or affecting the same estate or interest shall notwithstanding any express implied or constructive notice be entitled in priority the one over the other according to the date of registration and not according to the date of each instrument itself and the District Land Registrar upon registration thereof shall file one original in his office and shall deliver the other to the person entitled thereto and so soon as registered every instrument drawn in any of the several forms provided in the Schedule hereto or in any form which for the same purpose may be authorized in conformity with the provisions of this Act shall for the purposes of this Act be deemed and taken to be embodied in the register book as part and parcel thereof and such instrument when so constructively embodied and stamped with the seal of the District Land Registrar shall have the effect of a deed duly executed by the parties signing the same.

In every instrument charging creating or transferring any estate or interest in land under the provisions of this Act there shall be implied the following covenant by the party charging creating or transferring such estate or interest that is to say—That he will do such acts and execute such instruments as in accordance with the provisions of this Act may be necessary to give effect to all covenants conditions and purposes expressly set forth in such instrument or by this Act declared to be implied against such party in instruments of a like nature.

Every memorial entered in the register book shall state the nature of the instrument to which it relates the day and hour of the production of such instrument for registration and the names of the parties thereto and shall refer by number or symbol to such instrument and shall be signed by the District Land Registrar.

Whenever a memorial of any instrument has been entered in the register book the District Land Registrar shall except in the case of transfer or other dealing indorsed upon a memorandum of lease or of mortgage or of encumbrance as hereinafter provided record the like memorial on the duplicate grant certificate of title lease or other instrument evidencing title to the estate or interest intended to be dealt with or in any way affected unless the District Land Registrar shall as hereinafter provided dispense with the production of the same and the District Land Registrar shall indorse on every instrument so registered a certificate of the date and hour on which the said memorial was entered in the register book and shall authenticate each such certificate by signing his name and affixing his seal thereto and such certificate shall be received in all Courts as conclusive evidence that such instrument has been duly registered.

No instrument shall be effectual to pass any estate or interest in any land under the provisions of this Act or to render such land liable as security for the payment of money but upon the registration of any instrument in manner hereinbefore prescribed the estate or interest specified in such instrument shall pass or as the case may be the land shall become liable as security in manner and subject to the covenants conditions and contingencies set forth and specified in such instrument or by this Act declared to be implied in instruments of a like nature and should two or more instruments executed by the same proprietor and purporting to transfer or encumber the same estate or interest in any land be at the same time presented to the District Land Registrar for registration and indorsement he shall register and indorse that instrument under which the person claims property who shall present to him the grant or certificate of title of such land for that purpose.

Notwithstanding the existence in any other person of any estate or interest whether derived by grant from the Crown or otherwise which but for this Act might be held to be paramount or to have priority the registered proprietor of land or of any estate or interest in land under the provisions of this Act shall except in case of fraud hold the same subject to such encumbrances liens estates or interests as may be notified on the folium of the register book constituted by the grant or certificate of title of such land but absolutely free from all other encumbrances liens estates or interests whatsoever except the estate or interest of a proprietor claiming the same land under a prior certificate of title or under a prior grant registered under the provisions of this Act and except so far as regards the omission or misdescription of any right of way or other easement created in or existing upon any land and except so far as regards any portion of land that may he erroneously included in the grant certificate of title lease or other instrument evidencing the title of such registered proprietor by wrong description of parcels or of boundaries.

No District Land Registrar shall register any instrument purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions of this Act except in the manner herein provided nor unless such instrument be in accordance with the provisions hereof.

When land under the provisions of this Act is intended to be transferred or any right of way or other easement is intended to be created or transferred the registered proprietor shall execute a memorandum of transfer in form D of the Schedule hereto which memorandum shall for description of the land intended to be dealt with refer to the grant or certificate of title of such land or shall give such description as may be sufficient to identify the same and shall contain an accurate statement of the estate interest or easement intended to be transferred or created and a memorandum of all leases mortgages and other encumbrances to which the same may be subject.

Whenever any easement or any incorporeal right other than an annuity or rent charge in or over any land under the provisions of this Act is created for the purpose of being annexed to or used and enjoyed together with other land under the provisions of this Act the District Land Registrar of the district within which such land is shall enter a memorial of the instrument creating such easement or incorporeal right upon the folium of the register book constituted by the existing grant or certificate of title of such other land.

If the memorandum of transfer purports to transfer an estate of freehold in possession not being a lease for a life or lives in the whole or in part of the land mentioned in any grant or certificate of title the transferror shall deliver up the grant or certificate of title of the said land and the District Land Registrar shall after registering the transfer enter on such grant or certificate of title a memorandum cancelling the same either wholly or partially according as the memorandum of transfer purports to transfer the whole or part only of the land mentioned in such grant or certificate of title and setting forth the particulars of the transfer.

Every District Land Registrar upon cancelling any grant or certificate of title either wholly or partially pursuant to any such transfer shall make out to the transferree a certificate of title to the land mentioned in such memorandum of transfer and every such certificate of title shall refer to the original grant of such land and to the memorandum or other instrument of transfer and the District Land Registrar shall retain every such cancelled or partially cancelled grant or certificate of title and whenever required thereto by the proprietor of an unsold portion or balance of land included in any such partially cancelled grant or certificate of title or by a registered transferree of such portion or of any part thereof shall make out to such proprietor or transferree a certificate of title for such portion or for any part thereof of which he is the proprietor· or transferree.

In every instrument transferring an estate or interest in land under the provisions of this Act subject to mortgage or encumbrance there shall be implied the following covenant by the transferree that is to say—That such transferree will pay the interest or annuity secured by such mortgage or encumbrance after the rate and at the times specified in the instrument creating the same and will indemnify and keep harmless the transferror from and against the principal sum secured by such instrument and from and against all liability in respect of any of the covenants therein contained or by this Act implied on the part of the transferror.

When any land under the provisions of this Act is intended to be leased or demised for a life or lives or for any term of years exceeding three years the proprietor shall execute a memorandum of lease in form E of the Schedule hereto and every such instrument shall for description of the land intended to be dealt with refer to the grant or certificate of title of the land or shall give such other description as may be necessary to identify such land and a right for or covenant by the lessee to purchase the land therein described may be stipulated in such instrument and in case the lessee shall pay the purchase money stipulated and otherwise observe his covenants expressed and implied in such instrument the lessor shall be bound to execute a memorandum of transfer to such lessee of the said land and the fee-simple thereof and to perform all necessary acts by this Act prescribed for the purpose of transferring to a purchaser the said land and the fee-simple thereof Provided always that no lease of mortgaged or encumbered land shall be valid and binding against the mortgagee or encumbrancee unless such mortgagee or encumbrancee shall have consented to such lease prior to the same being registered.

Whenever any lease or demise which is required to be registered by the provisions of this Act is intended to be surrendered and the surrender thereof is effected otherwise than through the operation of a surrender in law or than under the provisions of any law at the time being in force in the Colony relating to bankruptcy or insolvent estates there shall be indorsed upon such lease or on the counterpart thereof the word “Surrendered” with the date of such surrender and such indorsement shall be signed by the lessee and by the lessor as evidence of the acceptance thereof and shall be attested by a witness, and the District Land Registrar of the district within which the land is thereupon shall enter in the register book a memorandum recording the date of such surrender and shall likewise indorse upon the lease a memorandum recording the fact of such entry having been made in the register book and upon such entry being so made in the register book the estate or interest of the lessee in such land shall re-vest in the lessor or in the person in whom having regard to intervening circumstances (if any) the said land would have vested if no such lease had ever been executed and production of such lease or counterpart bearing such indorsement and memorandum shall be sufficient evidence that such lease had been so surrendered Provided that no lease subject to mortgage or encumbrance shall be so surrendered without the consent of the mortgagee or encumbrancee.

In every memorandum of lease there shall be implied the following covenants against the lessee that is to say—

That he will pay the rent thereby reserved at the times therein mentioned and all rates and taxes which may be payable in respect of the demised property during the continuance of the lease

That he will keep and yield up the demised property in good and tenantable repair.

In every memorandum of lease there shall also be implied the following powers in the lessor that is to say—

That he may by himself or his agents at all reasonable times enter upon the demised property and view the state of repair thereof and may serve upon the lessee or leave at his last or usual place of abode in the Colony or upon the demised property a notice in writing of any defect requiring him within a reasonable time to be therein prescribed to repair the same

That in case the rent or any part thereof shall be in arrear for the space of six calendar months or in case default shall be made in the fulfilment of any covenant whether expressed or implied in such lease on the part of the lessee and shall be continued for the space of six calendar months or in case the repairs required by such notice as aforesaid shall not have been completed within the time therein specified it shall be lawful for such lessor to re-enter upon and take possession of such demised premises.

In any such case the District Land Registrar upon proof to his satisfaction of re-entry and recovery of possession by a lessor by any proceeding in law shall note the same by entry in the register book and the estate of the lessee in such land shall thereupon determine but without releasing him from his liability in respect of the breach of any covenant in such lease expressed or implied and the District Land Registrar shall cancel such lease if delivered up to him for that purpose.

Whenever any land or estate or interest in land under the provisions of this Act is intended to be charged or made security in favour of any mortgagee the mortgagor shall execute a memorandum of mortgage in form F of the Schedule hereto and whenever any such land estate or interest as aforesaid is intended to be charged with or made security for the payment of an annuity rentcharge or sum of money in favour of any encumbrancee the encumbrancer shall execute a memorandum of encumbrance in form G of the Schedule hereto and every such instrument shall contain an accurate statement of the estate or interest intended to be mortgaged or encumbered and shall for description of the land intended to be dealt with refer to the grant or certificate of title of the land in which such estate or interest is held or shall give such other description as may be necessary to identify such land together with a statement of all mortgages and other encumbrances affecting the same (if any).

Mortgage and encumbrance under this Act shall have effect as security but shall not operate as a transfer of the land thereby charged and in case default be made in the payment of the principal sum interest annuity or rent-charge or any part thereof thereby secured or in the observance of any covenant expressed in any memorandum of mortgage or of encumbrance registered under this Act or that is hereinafter declared to be implied in such instrument and such default be continued for the space of one calendar month or for such other period of time as may therein for that purpose be expressly limited the mortgagee or encumbrancee may give to the mortgagor or encumbrancer notice in writing to pay the money then due or owing on such memorandum of mortgage or of encumbrance or to observe the covenants therein expressed or implied as the case may be and that the sale will be effected if such default be continued or at the usual or last known place of abode in New Zealand of the mortgagor or encumbrancer or other person claiming to be then entitled to the said land.

After such default in payment or in observance of covenants continuing for the further space of one calendar month from the date of such notice or for such other period as may in such instrument be for that purpose limited such mortgagee or encumbrancee is hereby authorized and empowered to sell the land so mortgaged or encumbered or any part thereof and all the estate and interest therein of the mortgagor or encumbrancer and either altogether or in lots by public auction or by private contract or both such modes of sale and subject to such conditions as he may think fit and to buy in and resell the same without being liable for any loss occasioned thereby and to make and execute all such instruments as shall be necessary for effecting the sale thereof all which sales contracts matters and things hereby authorized shall be as valid and effectual as if the mortgagor or encumbrancer had made done or executed the same and the receipt or receipts in writing of the mortgagee or encumbrancee shall be a sufficient discharge to the purchaser of such land estate or interest or of any portion thereof for so much of his purchase money as may be thereby expressed to be received and no such purchaser shall be answerable for the loss misapplication or non-application or be obliged to see to the application of the purchase money by him paid nor shall he be concerned to inquire as to the fact of any default or notice having been made or given as aforesaid and the purchase money to arise from the sale of any such land estate or interest shall be applied—

Appropriation of proceeds.

Upon the registration of any memorandum or instrument of transfer executed by a mortgagee or encumbrancee for the purpose of such sale as aforesaid the estate or interest of the mortgagor or encumbrancer therein described as to be conveyed shall pass to and vest in the purchaser freed and discharged from all liability on account of such mortgage or encumbrance or of any mortgage or encumbrance registered subsequent thereto and if such memorandum of transfer purports to pass an estate of freehold in possession the purchaser shall be entitled to receive a certificate of title for the same.

The mortgagee or encumbrancee upon default in payment of the principal sum or any part thereof or of any interest annuity or rent-charge secured by any mortgage or encumbrance may enter into possession of the mortgaged or encumbered land by receiving the rents and profits thereof or may distrain upon the occupier or tenant of the said land under the power to distrain hereinafter contained or bring an action to recover the said land either before or after entering into the receipt of the rents and profits thereof or making any distress as aforesaid and either before or after any sale of such land shall be effected, under the power of sale given or implied in his memorandum of mortgage or of encumbrance and any such registered mortgagee shall be entitled to foreclose the right of the mortgagor to redeem the said mortgaged or encumbered lands in manner hereinafter provided.

Besides his remedy against the mortgagor or encumbrancer every mortgagee or encumbrancee shall be entitled after the principal sum interest annuity or rent-charge shall have become in arrear for twenty-one days and after seven days have elapsed from the date of application for the payment thereof to the occupier or tenant to enter upon the mortgaged or encumbered land and distrain and sell the goods and chattels of such occupier or tenant and to retain thereout the moneys which shall be so in arrear and all costs and expenses occasioned by such distress and sale Provided that no occupier or tenant occupying such land shall be liable to pay to any mortgagee or encumbrancee a greater sum than the amount of rent which at the time of making such distress may be then due from such occupier or tenant to the mortgagor or encumbrancer or to the person claiming the said land under the mortgagor or encumbrancer and any amount so paid shall be held to be pro tanto in satisfaction of such rent.

Any mortgagee or encumbrancee of leasehold land under the provisions of this Act or any person claiming the said land as a purchaser or otherwise from or under such mortgagee or encumbrancee after entering into possession of the said land or the rents and profits thereof shall during such possession and to the extent of any rents and profits which may be received by him become and be subject and liable to the lessor of the said land or the person for the time being entitled to the said lessor’s estate or interest in the said land to the same extent as the lessee or tenant was subject to and liable for prior to such mortgagee encumbrancee or other person entering into possession of the said land or the rents and profits thereof.

Upon the production of any memorandum of mortgage or of encumbrance having thereon an indorsement signed by the mortgagee or encumbrancee and attested by a witness discharging the land estate or interest from the whole or part of the principal sum or annuity secured or discharging any part of the land comprised in such instrument from the whole of such principal sum or annuity the District Land Registrar of the district within which such land is shall make an entry in the register book noting that such mortgage or encumbrance is discharged wholly or partially or that part of the land is discharged as aforesaid as the case may require and upon such entry being so made the estate or interest or the portion of land mentioned or referred to in such indorsement as aforesaid shall cease to be subject to or liable for such principal sum or annuity or as the case may be for the part thereof noted in such entry as discharged.

Upon proof of the death of the annuitant or of the occurrence of the event or circumstance upon which in accordance with the provisions of any memorandum of encumbrance the annuity or sum of money thereby secured shall cease to be payable and upon proof that all arrears of the said annuity and interest or money have been paid satisfied or discharged the District Land Registrar of the district within which the land affected is shall make an entry in the register book noting that such annuity or sum of money is satisfied and discharged and shall cancel such instrument and upon such entry being made the land estate or interest shall cease to be subject to or liable for such annuity or sum of money and the District Land Registrar shall in any or either such case as aforesaid indorse on the grant certificate of title or other instrument evidencing the title of the mortgagor or encumbrancer to the land estate or interest mortgaged or encumbered a memorandum of the date on which such entry as aforesaid was made by him in the register book whenever such grant certificate of title or other instrument shall be presented to him for that purpose.

In case the registered mortgagee shall be absent from the said Colony and there be no person authorized to give a receipt to the mortgagor for the mortgage money at or after the date appointed for the redemption of any mortgage it shall be lawful for the Colonial Treasurer to receive such mortgage money with all arrears of interest then due thereon in trust for the mortgagee or other person entitled thereto and thereupon the interest upon such mortgage shall cease to run or accrue and the District Land Registrar of the District within which the land is shall upon the receipt of the Colonial Treasurer for the amount of the said mortgage money and interest make an entry in the register book discharging such mortgage stating the day and hour on which such entry is made and such entry shall be a valid discharge for such mortgage and shall have the same force and effect as is hereinbefore given to a like entry when made upon production of the memorandum of mortgage with the receipt of the mortgagee and the District Land Registrar shall indorse on the grant certificate of title or other instrument as aforesaid and also on the memorandum of mortgage whenever those instruments shall be brought to him for that purpose the several particulars hereinbefore directed to be indorsed upon each of such instruments respectively.

In every memorandum of mortgage there shall be implied against the mortgagor a covenant that he will repair and keep in repair all buildings or other improvements erected and made upon such land and that the mortgagee may at all convenient times until such mortgage be redeemed be at liberty with or without surveyors or others to enter into and upon such land to view and inspect the state of repair of such buildings or improvements.

A registered mortgage a registered lease or the interest of a registered encumbrancee may be transferred to any person by memorandum of transfer as aforesaid or by an instrument in the form H of the Schedule hereto which instrument may be indorsed upon the memorandum of mortgage encumbrance or lease and upon such memorandum of transfer or other instrument being registered the estate or interest of the transferror as set forth in such instrument with all rights powers and privileges thereto belonging or appertaining shall pass to the transferree and such transferree shall thereupon become subject to and liable for all and every the same requirements and liabilities to which he would have been subject and liable if named in such instrument originally as mortgagee encumbrancee or lessee of such land estate or interest.

By virtue of every such transfer as is hereinbefore mentioned the right to sue upon any memorandum of mortgage or other instrument and to recover any debt sum of money annuity or damages thereunder (notwithstanding the same may be deemed or held to constitute a chose in action) and all interest in any such debt sum of money annuity or damages shall be transferred so as to vest the same at law as well as in equity in the transferree thereof Provided always that nothing herein contained shall prevent a Court of competent jurisdiction from giving effect to any trusts affecting the said debt sum of money annuity or damages in case the transferree shall hold the same as a trustee for any other person.

Such of the covenants hereinafter set forth as shall be expressed in any memorandum of lease or mortgage as to be implied shall if expressed in the form of words hereinafter appointed and prescribed for the case of each such covenant respectively be so implied as fully and effectually as if such covenants were set forth fully and in words at length in such instrument that is to say the words “will insure” shall imply as follows—that the lessee or mortgagor will insure and so long as the term expressed in the said mortgage or lease shall not have expired will keep insured in some public insurance office to be approved by such mortgagee or lessor against loss or damage by fire to the full amounts specified in such instrument or if no amount be specified then to their full value all buildings tenements or premises erected on such land which shall be of a nature or kind capable of being insured against loss or damage by fire and that the mortgagor or lessee will at the request of the mortgagee or lessor hand over to and deposit with him the policy of every such insurance and produce to him the receipt or receipts for the annual or other premiums payable on account thereof and also that all moneys to be received under or by virtue of any such insurance shall in the event of loss or damage by fire be laid out and expended in making good such loss or damage Provided also that if default shall be made in the observance or performance of the covenant last above mentioned it shall be lawful for the mortgagee or lessor without prejudice nevertheless to and concurrently with the powers granted him by his memorandum of mortgage or lease or by this Act provided to insure such building and the costs and charges of such insurance shall until such mortgage be redeemed or such lease shall have expired be a charge upon the said land The words “paint outside every alternate year” shall imply as follows namely—and also will in every alternate year during the currency of such lease paint all the outside woodwork and ironwork belonging to the hereditaments and premises mentioned in such lease with two coats of proper oil colours in a workmanlike manner The words “paint and paper inside every third year” shall imply as follows namely—and will in every third year during the currency of such lease paint the inside wood iron and other works now or usually painted with two coats of proper oil colours in a workmanlike manner and also re-paper with paper of a quality as at present such parts of the said premises as are now papered and also wash stop whiten or colour such parts of the said premises as are now whitened or coloured respectively The words “will fence” shall imply as follows namely—and also will during the continuance of the said lease erect and put up on the boundaries of the land therein mentioned or upon such boundaries upon which no substantial fence now exists a good and substantial fence. The word “cultivate” shall imply as follows namely—and will at all times during the said lease cultivate use and manage all such parts of the land therein mentioned as are or shall be broken up or converted into tillage in a proper and husbandlike manner and will not impoverish or waste the same The words “that the lessee will not use the said premises as a shop” shall imply as follows namely—and also that the said lessee will not convert use or occupy the said hereditaments and premises mentioned in such lease or any part thereof into or as a shop warehouse or other place for carrying on any trade or business whatsoever or permit or suffer the said hereditaments and premises or any part thereof to be used for any such purpose or otherwise than as a private dwelling-house without the consent in writing of the said lessor The words “will not carry on offensive trades” shall imply as follows—and also that no noxious noisome or offensive art trade business or occupation or calling shall at any time during the said term be used exercised carried on permitted or suffered in or upon the said hereditaments and premises above mentioned and that no act matter or thing whatsoever shall at any time during the said term be done in or upon the said hereditaments and premises or any part thereof which shall or may be or grow to the annoyance nuisance grievance damage or disturbance of the occupiers or owners of the adjoining lands and hereditaments The words “will not without leave assign or sublet” shall imply as follows namely—and also that the said lessee shall not nor will during the term of such lease assign transfer demise sublet or set over or otherwise by any act or deed procure the lands or premises therein mentioned or any of them or any part thereof to be assigned transferred demised sublet or set over unto any person whomsoever without the consent in writing of the said lessor first had and obtained The words “will not cut timber” shall imply as follows—and also that the said lessee shall not nor will cut down fell injure or destroy any growing or living timber or timber-like trees standing and being upon the said hereditaments and premises above mentioned without the consent in writing of the said lessor The words “will carry on the business of a publican and conduct the same in an orderly manner” shall imply as follows namely—and also that the said lessee will at all times during the currency of such lease use exercise and carry on in and upon the premises therein mentioned the trade or business of a licensed victualler or publican and retailer of spirits wines ale beer and porter and keep open and use the messuage tenement or inn and buildings standing and being upon the said land as and for an inn or public-house for the reception accommodation entertainment of travellers guests and other persons resorting thereto or frequenting the same and manage and conduct such trade or business in a quiet and orderly manner and will not do commit or permit or suffer to be done or committed any act matter or thing whatsoever whereby or by means whereof any license shall or may be forfeited or become void or liable to be taken away suppressed or suspended in any manner howsoever The words “will apply for renewal of license” shall imply as follows namely—and also shall and will from time to time during the continuance of the said term at the proper times for that purpose apply for and endeavour to obtain at his own expense all such licenses as are or may be necessary for carrying on the said trade or business of a licensed victualler or publican in and upon the said hereditaments and premises and keeping the said messuage tenement or inn open as and for an inn or public-house as aforesaid The words “will facilitate the transfer of license” shall imply as follows namely—and also shall and will at the expiration or other sooner determination of the said lease sign and give such notice or notices and allow such notice or notices of a renewal or transfer of any license as may be required by law to be affixed to the said messuage tenement or inn to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf and generally to do and perform all such further acts matters and things as shall be necessary to enable the said lessor or any other person authorized by him to obtain the renewal of any license or any new license or the transfer of any license then existing and in force.

No District Land Registrar shall make any entry in the register book of any notice of trusts whether expressed implied or constructive but trusts may be declared by any instrument or deed which instrument or deed may include as well lands under the provisions of this Act as land which is not under the provisions thereof Provided that the description of the several parcels of land contained in such instrument or deed shall sufficiently distinguish the land which is under the provisions of this Act from the land which is not under the provisions thereof and a duplicate or an attested copy of such instrument may be deposited with the District Land Registrar of the district within which the land is for safe custody and reference but shall not be registered.

Whenever the registered proprietor of any land or of any estate or interest in the said land which is either wholly or in part registered under the provisions of this Act is desirous of transferring the same to two or more persons in trust it shall he lawful for such proprietor in the instrument or deed declaring such trust to nominate and appoint the District Land Registrar of the district within which the land is by the style of his office to be one of such Trustees and it shall thereupon be the duty of such Registrar for the time being to act as such Trustee so far as relates to the transfer of such land estate or interest.

Upon the transfer of any land estate or interest under the provisions of this Act to two or more persons as joint proprietors to be held by them as trustees it shall be lawful for the transferror to insert in the memorandum of transfer or other instrument the words “No survivorship” and the District Land Registrar of the district within which the land is shall in such case include such words in the memorial of such instrument to be entered by him in the register book as hereinbefore directed and shall also enter the said words upon any certificate of title issued to such joint proprietors pursuant to such memorandum of transfer And any two or more persons registered as joint proprietors of any land estate or interest under the provisions of this Act held by them as trustees may by writing under their hand authorize the District Land Registrar to enter the words “No survivorship” upon the grant certificate of title or other instrument evidencing their title to such estate or interest and also upon the duplicate of such instrument in the register book or filed in his office and after such entry has been made and signed by the District Land Registrar in either such case as aforesaid it shall not be lawful for any less number of joint proprietors than the number then registered to transfer or otherwise deal with the said land estate or interest without obtaining the sanction of the Supreme Court or a Judge thereof by an order on motion or petition.

Before making any such order as aforesaid the Court or Judge shall if it seem requisite cause notice of intention so to do to be advertised once in the Government Gazette of the Colony and three times in at least one newspaper published in the district in which the land is and shall appoint a period of time within which it shall be lawful for any person interested to show cause why such order should not be issued and thereupon it shall be lawful for the said Court or Judge in such order to give directions for the transfer of such land estate or interest to any new proprietor or proprietors solely or jointly with or in the place of any existing proprietor or proprietors or to make such order in the premises as the Court thinks just for the protection of the persons beneficially interested in such land estate or interest or in the proceeds thereof And upon such order being deposited with the District Land Registrar he shall make such entries and perform such acts as in accordance with the provisions of this Act may be necessary for the purpose of giving effect to such order.

The registered proprietor of any land estate or interest under the provisions of this Act may authorize and appoint any person to act for him or on his behalf in respect to the transfer or other dealing with such land estate or interest in accordance with the provisions of this Act by executing a power in any form heretofore in use for the like purpose or in form I of the Schedule hereto and a duplicate or an attested copy thereof shall be deposited with the District Land Registrar of the district in which the land is who after comparing the same shall enter in the register book a memorandum of the particulars therein contained and of the date and hour of its deposit with him.

Every District Land Registrar upon the application of any registered proprietor of land within his district and under the provisions of this Act shall grant to such proprietor a registration abstract in the form K of the Schedule hereto enabling him to transfer or otherwise deal with his estate or interest in such land at any place without the limits of the Colony and shall at the same time enter in the register book a memorandum recording the issue of such registration abstract and shall indorse on the grant certificate of title or other instrument evidencing the title of such applicant proprietor a like memorandum and from and after the issuing of any such registration abstract no transfer or other dealing in any way affecting the estate or interest in respect of which such registration abstract is issued shall he entered in the register book until such abstract shall have been surrendered to the District Land Registrar to be cancelled or the loss or destruction of such abstract proven to his satisfaction.

Whenever any transfer or other dealing is intended to be transacted under any such registration abstract a memorandum of transfer or such other instrument as the case may require shall be prepared in duplicate in form hereinbefore appointed and shall be produced to some one of the persons hereinafter appointed as persons before whom the execution of instruments without the limits of the Colony may be proven and upon memorial of such instrument being entered upon the registration abstract and authenticated by the signature of such authorized person as aforesaid in manner hereinbefore directed for the entry of memorials in the register book such instrument shall be held to be registered and such transfer or other dealing shall be as valid and binding to all intents as if the same had been entered in the register book by the District Land Registrar of the district within which the land is and whenever a memorial of any instrument which has not been indorsed upon the instrument evidencing title to the estate or interest intended to be dealt with has been entered upon the registration abstract such authorized person as aforesaid shall record the like memorial on the duplicate grant certificate of title lease or other instrument evidencing title as aforesaid and the certificate of registration indorsed on the instrument of which the memorial has been so entered and signed by such authorized person and sealed with his seal shall be received in all Courts as conclusive evidence that such instrument has been duly registered.

Upon the delivery of any registration abstract to any District Land Registrar of the district within which the land is he shall record in the register book of his district in such manner as to preserve their priority the particulars of every transfer or other dealing recorded thereon and shall file in his office the duplicates of every memorandum of transfer or other instrument executed thereunder which may for that purpose be delivered to him and shall cancel such abstract and note the fact of such cancellation in the register book and if a freehold estate in such land or in any part thereof be transferred the grant or certificate of title shall be delivered up to the District Land Registrar who shall thereupon proceed as is hereinbefore directed for the case of the transfer of an estate of freehold.

Upon proof at any time to the satisfaction of the District Land Registrar of the district within which the land is that any registration abstract is lost or so obliterated as to be useless and that the powers thereby given have never been exercised or if they have been exercised then upon proof of the several matters and things that have been done thereunder it shall be lawful for the District Land Registrar as circumstances may require either to issue a new registration abstract as the case may be or to direct such entries to be made in the register book or such other matter or thing to be done as might have been made or done if no such loss or obliteration had taken place.

The registered proprietor of any land in respect of which a power of attorney has been issued may for the purpose of revoking such power execute an instrument in the form L of the Schedule hereto and the District Land Registrar of the district in which the land is shall except in any case where a registration abstract is outstanding enter the particulars thereof in the register book and shall record thereon the date and hour in which such entry was made and from and after the date of such entry the District Land Registrar shall not give effect to any memorandum of transfer or other instrument executed pursuant to such power of attorney and if the holder of such power shall neglect or refuse to surrender the same to such proprietor or his agent exhibiting such revocation order he shall be guilty of a misdemeanour and on conviction thereof shall forfeit and pay a sum not exceeding one hundred pounds unless it shall be made to appear to the satisfaction of the Court before whom the case may be tried that the powers therein given had been exercised prior to the presentation of such revocation order.

Upon the bankruptcy of the registered proprietor of any land estate or interest under the provisions of this Act the trustees of such bankrupt shall be entitled to be registered as proprietors in respect of the same and the District Land Registrar of the district in which the land is upon the receipt of an office copy of the appointment of such trustees accompanied by an application in writing under their hand to be so registered in respect to any land estate or interest of such bankrupt therein specified and described shall enter in the register book upon the folium constituted by the grant or certificate of title of such land a memorandum notifying the appointment of such trustees and upon such entry being made such trustees shall be deemed and taken to be registered proprietors of the estate or interest of such bankrupt in such land and shall hold the same subject to the equities upon and subject to which the bankrupt or insolvent held the same but for the purpose of any dealings with such land estate or interest under the provisions of this Act such assignees shall be deemed to be absolute proprietors thereof.

Upon the bankruptcy of the registered proprietor of any lease subject to mortgage under the provisions of this Act the District Land Registrar of the district in which the land is upon the application in writing of the mortgagee accompanied by a statement in writing signed by the trustees of such bankrupt certifying their refusal to accept such lease shall enter in the register book the particulars of such refusal and such entry shall operate as a foreclosure and the interest of the bankrupt in such lease shall thereupon vest in such mortgagee and if such mortgagee shall neglect or decline to make such application as aforesaid the District Land Registrar upon application by the lessor and proof of such neglect or refusal and of the matters aforesaid shall enter in the register book notice of the refusal of such assignees to accept such lease and such entry shall operate as a surrender of such lease.

Every District Land Registrar of the district in which the land is upon the production of the register or other sufficient proof of the marriage of a female registered proprietor of any land estate or interest under the provisions of this Act accompanied by a statement in writing signed by such female proprietor to that effect shall enter on the register book of his district and also upon the certificate of title or other instrument evidencing the title of such female proprietor when produced to him for that purpose the name and description of her husband the date of the marriage and where solemnized the date and hour of the production to him of the register or other sufficient evidence of such marriage and the husband of such female proprietor shall unless such land be held for the separate use of the wife be entitled to be registered as co-proprietor of such land in right of his wife and such District Land Registrar upon application to that effect and surrender of the existing certificate of title shall comply with such application.

Whenever any mortgage encumbrance or lease affecting land under the provisions of this Act shall be transmitted in consequence of the will or intestacy of the registered proprietor thereof probate or an office copy of the will of the deceased proprietor or letters of administration or the order of the Supreme Court authorizing the Curator of Intestate Estates to administer the personal estate of the deceased proprietor of such estate or interest as the case may be accompanied by an application in writing from the executor administrator or curator claiming to be registered as proprietor in respect of such estate or interest shall be produced to the District Land Registrar of the district within which the land is who shall thereupon enter in the register book of his district and on the lease or other instrument evidencing title to the estate or interest transmitted the date of the will and of the probate or of the letters of administration or order of the Supreme Court as aforesaid the date and hour of the production of the same to him the date of the death of such proprietor when the same can be ascertained with such other particulars as he may deem necessary and upon such entry being made the executors or administrators or the Curator of Intestate Estates as the case may he shall be deemed to be registered proprietors or proprietor of such mortgage encumbrance or lease and the District Land Registrar shall note the fact of such registration by memorandum under his hand on the letters of administration probate or other instrument as aforesaid.

The heir-at-law devisee or tenant by the curtesy or other persons claiming any estate of freehold in the land of a deceased proprietor may make application in writing to the District Land Registrar of the district within which the land is to be registered as proprietor of such estate and shall deposit with him the certificate of the death the will or an office copy or probate of the will of the deceased proprietor or any settlement under which such applicant claims or in the case of intestacy such evidence of heir-ship as he may be enabled to produce and such application shall state the nature of every estate or interest held by other persons at law or in equity in such land within the applicant’s knowledge and that he verily believes himself to be entitled to the estate in such land in respect to which he applies to be registered and the statements made in such application shall be verified by the oath or statutory declaration of such applicant Provided always that the heir-at-law devisee or other person making such application shall surrender the existing grant or certificate of title of the land in respect to which he claims to be registered as proprietor prior to his being entered in the register book as hereinafter mentioned.

The District Land Registrar shall refer such application to the Examiner of Titles for his district for examination and report and thereafter shall take the same into consideration in conference with such Examiner and the District Land Registrar and Examiner may either reject such application altogether or direct that the District Land Registrar shall cause notice thereof to be published once in the Government Gazette and three times in at least one newspaper published in the district and shall give such further publicity to such application as he may think fit whether by advertisement or the serving or posting of notices and shall limit and appoint a time in such advertisement or notice not less than six calendar months from the date of the advertisement in such Gazette upon or after which the District Land Registrar may unless he shall in the interval have received a caveat forbidding him so to do register such applicant as proprietor of such land by entering in the register book the particulars of the transmission through which such applicant claims and by issuing to such applicant a certificate of title for the land so transmitted and the District Land Registrar and Examiner may direct any caveat to be entered by the District Land Registrar for the protection of the interests of such other person (if any) as may be interested in such land Provided always that the person registered consequent on such direction of the District Land Registrar and Examiner or any executor or administrator or the Curator of Intestate Estates when registered in respect of any mortgage encumbrance or lease shall hold such land estate or interest in trust for the persons and purposes to which it is applicable by law but for the purposes of any dealing with such land estate or interest under the provisions of this Act he shall be deemed to be absolute proprietor thereof.

Any settlor of land under the provisions of this Act transferring such land to be held by the transferree as trustee or any beneficiary or other person claiming estate or interest in any such land under any unregistered instrument or by devolution in law or otherwise may by caveat in the form M of the Schedule hereto or as near thereto as circumstances will permit forbid the registration of any instrument affecting such land estate or interest either absolutely or until after notice of the intended dealing given to the caveator as may be required and enjoined in such caveat and every such caveat shall state the name and address of the person by whom or on whose behalf the same is lodged and shall contain a sufficient description to identify the land and the estate or interest therein claimed by the caveator or by the person on whose behalf the caveat is lodged and except in case of caveats lodged by order of the Supreme Court or by the District Land Registrar of the district within which the land is as hereinbefore provided shall be signed by the caveator or by his solicitor known agent or attorney and every notice relating to such caveat or to any proceedings in respect thereof if served at the address mentioned in such caveat or at the office of the solicitor known agent or attorney who may have signed the same shall be deemed to be duly served and every such caveat may be withdrawn by the caveator.

Upon the receipt of any caveat relating to land within his district the District Land Registrar shall notify the same to the person against whose application to bring land under the provisions of this Act or to be registered as proprietor or as the case may be to the registered proprietor against whose title to deal with land under the provisions of this Act such caveat has been lodged and such applicant proprietor or registered proprietor may if he think fit summon the caveator or the person on whose behalf such caveat has been lodged to attend before the Supreme Court or a Judge thereof to show cause why such caveat should not be removed and it shall be lawful for such Court or Judge upon proof that such person has been summoned to make such order in the premises either ex parte or otherwise as to such Court or Judge may seem fit And except in the case of a caveat lodged by a settlor or by or on behalf of a beneficiary claiming under any will or settlement or by the District Land Registrar for the protection of incapable persons or for the prevention of fraud as hereinbefore prescribed every such caveat lodged against a registered proprietor shall unless an order to the contrary be made by the Supreme Court or a Judge thereof be deemed to have lapsed upon the expiration of fourteen days after notice given to the caveator that such registered proprietor has applied for the registration of any transfer or other dealing with such land estate or interest.

So long as any caveat shall remain in force prohibiting the transfer or other dealing with land the District Land Registrar shall not enter in the register book of his district any memorandum of transfer or other instrument purporting to transfer or otherwise deal with or affect the land estate or interest in respect to which such caveat may be lodged.

Any person lodging any caveat with a District Land Registrar without reasonable cause shall be liable to make to any person who may have sustained damage thereby such compensation as may be just and such compensation shall be recoverable in an action at law by the person who has sustained damage from the person who lodged the caveat.

The registered proprietor of any land or of any estate or interest in land under the provisions of this Act whether of the nature of real or personal property may by any of the forms of instruments of transfer provided by this Act modified as may be necessary transfer such land estate or interest or any part thereof to his wife or if such registered proprietor be a married woman it shall be lawful for her to make such transfer to her husband or it shall be lawful for such registered proprietor to make such transfer to himself jointly with any other person or persons or to create or execute any powers of appointment or to limit any estates whether by remainder or otherwise without limiting any use or executing any re-assignment but upon the registration of such transfer the said land estate or interest shall vest in such registered proprietor jointly with any other person or persons or in the person taking under such limitation or in whose favour any power may have been executed or otherwise according to the intent and meaning appearing in such instrument and thereby expressed.

Two or more persons who may be registered as joint proprietors of an estate or interest in land under the provisions of this Act shall be deemed to be entitled to the same as joint tenants and in all cases where two or more persons are entitled as tenants in common to undivided shares of or in any land such persons shall be bound to receive separate and distinct certificates of title or other instrument evidencing title to such undivided shares.

When any person is registered as joint proprietor with his wife of an estate in fee-simple in right of his wife if such person die in the lifetime of his wife and before any transfer of such estate or if such wife die in the lifetime of her husband and the said husband is entitled as tenant by the curtesy or upon the death of any person registered together with any other person as joint proprietor of the same estate or interest in any land or when the life estate in respect to which any certificate of title has been issued has determined and the estate next registered in remainder or reversion has become vested in possession or the person to whom such certificate has been issued has become entitled to the said land for an estate in fee-simple in possession the District Land Registrar of the district within which the land is may upon the application of the person entitled and proof to his satisfaction of any such occurrence as aforesaid register such person as proprietor of such estate or interest in manner hereinbefore prescribed for the registration of a like estate or interest upon a transfer or transmission.

Whenever a certificate of title has been issued in respect of a life estate in any land any person entitled in reversion or remainder to such land may apply to be registered as so entitled and the District Land Registrar of the district within which the land is shall cause the title of such applicant to be investigated by an Examiner of Titles for the district and shall thereafter in conference with such Examiner take the same into consideration and the District Land Registrar and Examiner may either reject such application altogether or direct the applicant to be registered in accordance therewith either immediately or unless caveat be lodged after such notice or advertisement and within such period as they may appoint but the District Land Registrar shall obey any order of the Supreme Court in the premises.

Every covenant and power to be implied in any instrument by virtue of this Act may be negatived or modified by express declaration in the instrument or indorsed thereon and in any declaration in an action for a supposed breach of any such covenant the covenant alleged to be broken may be set forth and it shall be lawful to allege that the party against whom such action is brought did so covenant precisely in the same manner as if such covenant had been expressed in words in such memorandum of transfer or other instrument any law or practice to the contrary notwithstanding; and every such implied covenant shall have the same force and effect and be enforced in the same manner as if it had been set out at length in such instrument and where any memorandum of transfer or other instrument in accordance with the provisions of this Act is executed by more parties than one such covenants as are by this Act declared to be implied in instruments of the like nature shall be construed to be several and not to bind the parties jointly.

The District Land Registrar and Examiner of Titles for any district in case they shall see reasonable cause for so doing may dispense with the production of any grant certificate of title lease or other instrument for the purpose of entering the memorial by this Act required to be entered upon the transfer or other dealing with land within his district and under the provisions of this Act and upon the registration of such transfer or other dealing such District Land Registrar shall notify in the memorial in the register book of his district that no entry of such memorial has been made on the duplicate grant or other instrument and such transfer or other dealing shall thereupon be as valid and effectual as if such memorial had been so entered Provided always that before registering such transfer or other dealing the District Land Registrar shall in such case require the transferror or other party dealing to make an affidavit that such grant or instrument has not been deposited as security for any loan and shall give at least fourteen days’ notice of his intention to register such dealing in the Government Gazette and in at least one newspaper published in

Whenever any estate or interest in land under the provisions of this Act shall be sold by the Sheriff under any writ or shall be sold under any direction decree or order of the Supreme Court or whenever any order of such Court shall be made authorizing the Curator of Intestate Estates to take the charge of the real estate of a deceased proprietor the District Land Registrar of the district within which the land is on being served with an office copy of the writ direction decree or order as the case may he shall enter in the register book and also upon the instrument evidencing title to the said estate or interest if produced for that purpose the date of the said writ direction decree or order and the date and hour of the production thereof and after such entry as aforesaid the Sheriff or person authorized by the Supreme Court shall do such acts and execute such instruments as under the provisions of this Act may he necessary to transfer or otherwise to deal with the said estate or interest Provided always that unless and until such entry has been made as aforesaid no such writ shall bind or affect any land under the provisions of this Act or any estate or interest therein nor shall any sale or transfer by the Sheriff be valid as against a purchaser or mortgagee notwithstanding such writ may have been actually in the hands of the Sheriff at the time of any purchase or mortgage or notwithstanding such purchaser or mortgagee may have had actual or constructive notice of the issue of such writ.

A Corporation for the purpose of transferring or otherwise dealing with land under the provisions of this Act in lieu of signing the proper instrument for such purpose prescribed may affix thereto the common seal of such Corporation with a certificate that such seal was affixed by the proper officer verified by his signature.

Instruments executed pursuant to the provisions of this Act if attested by one witness shall be held to be duly attested and the execution thereof may be proved—If the parties executing the same be resident within the Colony then before a District Land Registrar Assistant Land Registrar or any Deputy of either of such officers or before a Notary Public Justice of the Peace or a Solicitor of the Supreme Court If the said parties be resident in the United Kingdom of Great Britain and Ireland then before the Mayor or other Chief Officer of any Corporation or before a Notary Public If the said parties be resident in any British Possession then before the Chief Justice Judge of any Superior Court having jurisdiction in such Possession or before the Governor Government Resident or Chief Secretary thereof or a Notary Public If the said parties be resident at any foreign place then before the British Consular Officer resident at or near to such place or a Notary Public.

The execution of any such instrument may be proved before any such person as aforesaid by the oath or statutory declaration of the parties executing the same or of a witness attesting the signing thereof and if such witness shall answer in the affirmative each of the questions following that is to say—

Then the District Land Registrar Justice or other person before whom such witness shall prove such signature as aforesaid shall indorse upon such instrument a certificate in form N of the Schedule hereto and if the person executing such instrument be personally known to the District Land Registrar Justice or other person as aforesaid he may attend and appear before such District Land Registrar Justice or other person and acknowledge that he did freely and voluntarily sign such instrument and upon such acknowledgment the District Land Registrar Assistant Land Registrar or any Deputy of such officer Justice or other person shall indorse on such instrument a certificate in form 0 of the Schedule hereto Provided that such questions as aforesaid may be varied as circumstances may require in case any person shall sign such instrument by his mark.

No District Land Registrar shall register any instrument signed by any married woman purporting to transfer or otherwise to deal with any land under the provisions of this Act in respect to which she may be registered as proprietor either solely or jointly with her husband in her right until such married woman shall have been examined apart from her husband by such District Land Registrar or other person legally authorized to take the acknowledgments of married women and has assented to such proposed dealing after full explanation of her rights in the land and of the effect of the proposed dealing and the District Land Registrar or other person taking such acknowledgment shall indorse on the instrument of transfer or other dealing a certificate of such acknowledgment and examination and the date and hour thereof.

Upon the application of any registered proprietor of land held under separate grants or certificates of title or under one grant or certificate and the delivering up of such grant or grants certificate or certificates of title it shall be lawful for the District Land Registrar of the district within which the land is to issue to such proprietor a single certificate of title for the whole of such land or several certificates each containing portion of such land in accordance with such application and as far as the same may be done consistently with any regulations at the time being in force respecting the parcels of land that may be included in one certificate of title and upon issuing any such certificate of title the District Land Registrar shall cancel the grant or previous certificate of title of such land so delivered up and shall indorse thereupon a memorandum setting forth the occasion of such cancellation and referring to the certificate of title so issued.

In the event of the grant or certificate of title of land under the provisions of this Act being lost mislaid or destroyed the proprietor of such land together with other persons if any having knowledge of the circumstances may make a declaration before the District Land Registrar of the district within which the land is or before any of the persons hereinbefore appointed as persons before whom the execution of instruments may be proved stating the facts of the case the names and descriptions of the registered owners and the particulars of all mortgages encumbrances or other matters affecting such land and the title thereto to the best of declarant’s knowledge and belief and the District Land Registrar if satisfied as to the truth of such declaration and the bona fides of the transaction may after conference with an Examiner of Titles for the district and with his consent issue to such applicant a provisional certificate of title of such land which provisional certificate shall contain an exact copy of the original grant or certificate of title bound up in the register book and of every memorandum and indorsement thereon and shall also contain a statement of the circumstances under which such provisional certificate is issued and the District Land Registrar shall at the same time enter in the register book notice of the issuing of such provisional certificate and the date thereof and the circumstances under which it was issued and such provisional certificate shall be available for all purposes and uses for which the grant or certificate of title so lost or mislaid would have been available and as valid to all intents as such lost grant or certificate Provided always that the District Land Registrar before issuing such provisional certificate shall give at least fourteen days’ notice of his intention so to do in the Government Gazette and in at least one newspaper published in the Colony.

Upon the production of the receipt of the Colonial Treasurer or of any Receiver of Land Revenue in full for the purchase money of any lands within any district constituted under this Act alienated in fee from the Crown after the constitution of such district together with a memorandum of transfer mortgage or lease duly executed by the purchaser from the Crown of such land the District Land Registrar of such district shall indorse upon such receipt such memorial as he is hereinbefore required to enter in the register book upon the registration of any dealing of a like nature with land in respect to which a grant or certificate of title has been registered and shall sign such indorsement and stamp the same with his seal and such instrument shall thereupon be held to be duly registered in accordance with the provisions of this Act and the District Land Registrar shall file such receipt and such instrument in his office and upon the registration of the grant of such land the District Land Registrar shall enter thereon a memorial of such dealing and shall indorse such instrument with the certificate of registration as hereinbefore prescribed for the registration of instruments generally.

All public maps delineating the Waste Lands of the Crown and other Crown Lands in the Colony for the purpose of sale and all maps of lands over which the Native title shall be extinguished shall be made in duplicate and the Secretary for Crown Lands shall sign each duplicate and shall certify the accuracy of the same and such duplicates of such maps shall be deposited in the Registry Office of the district within which such lands are and whenever in any instrument relating to land under the provisions of this Act reference is made to public maps such reference shall be interpreted and taken to apply equally and with the same force and effect and for the same purposes to either of such duplicates.

Any proprietor subdividing any land under the provisions of this Act for the purpose of selling the same in allotments shall deposit with the District Land Registrar of the district within which the land is a map of the land so divided provided that such map shall exhibit distinctly delineated all roads streets passages thoroughfares squares or reserves appropriated or set apart for public use and also all allotments into which the said land may be divided marked with distinct numbers or symbols and every such map shall be certified as accurate by declaration of a licensed surveyor before a District Land Registrar or a Justice of the Peace Provided that no person shall be permitted to practise as a surveyor under the provisions of this Act unless specially licensed for that purpose by the

The District Land Registrar of the District may require the proprietor applying to have any land brought under the provisions of this Act within such district or desiring to transfer or otherwise to deal with the same or any portion thereof to deposit at the Registry Office of the district a map or plan of such land certified by a licensed surveyor in manner aforesaid and if the said land or the portion thereof proposed to be transferred or dealt with shall be of less area than one statute acre then such map or plan shall be on a scale not less than one inch to two chains and if such land or the portion thereof about to be transferred or dealt with shall be of greater area than one statute acre but not exceeding five statute acres then such map or plan shall be upon a scale not less than one inch to five chains and if such land or the portion thereof as aforesaid shall be of greater area than five statute acres but not exceeding eighty statute acres then such map or plan shall be upon a scale of not less than one inch to ten chains and if such land or the portion thereof as aforesaid shall be of greater area than eighty statute acres then such map or plan shall be upon a scale of one inch to twenty chains and if such proprietor shall neglect or refuse to comply with such requirement it shall not be incumbent on the District Land Registrar to proceed with the bringing of such land under the provisions of this Act or with the registration of such transfer or lease Provided always that subsequent subdivisions of the same land may be delineated on the map or plan of the same so deposited if such map be upon a sufficient scale in accordance with the provisions herein contained and the correctness of the delineation of each such subdivision shall be acknowledged in manner prescribed for the case of the deposit of an original map.

Every District Land Registrar upon payment of the fee specified in the Schedule P hereto shall furnish to any person applying for the same a certified copy of any registered instrument affecting land within his district and under the provisions of this Act and every such certified copy signed by him and sealed with his seal shall be received in evidence in any Court of Justice or before any person having by law or by consent of parties authority to receive evidence as prima facie proof of all the matters contained or recited in or indorsed on the original instrument.

Any person may upon payment of a fee specified in Schedule P hereto have access to the register book for the purpose of inspection during the hours and upon the days appointed for search.

It shall be lawful for the Registrar-General with the sanction of the Governor to license fit and proper persons to be Land Brokers for transacting business under the provisions of this Act and with like sanction to prescribe the charges recoverable by such Brokers for such business by any scale not exceeding the charges specified in the Schedule hereto marked Q and upon proof to his satisfaction of the malfeasance or incapacity of any such licensed Broker and with the sanction aforesaid to revoke such license and for every such license to charge and receive the fee of five pounds annually and before granting any such license the Registrar-General shall receive bond from the person to whom the same is to be issued in the sum of one thousand pounds with two sureties each in the sum of five hundred pounds conditioned that such person shall duly and faithfully act in the capacity as such licensed Land Broker in accordance with the provisions of this Act and shall also administer to such person the oath following—

Provided that it shall be lawful for any Solicitor of the Supreme Court to transact any business under this Act without being licensed as a Land Broker or paying any such fee or entering into such bond or taking such oath as aforesaid.

No District Land Registrar shall receive any application for bringing land under the provisions of this Act or any instrument purporting to deal with or affect any land under the provisions of this Act unless there shall be indorsed thereon a certificate that the same is correct for the purposes of this Act signed by the applicant or party claiming under or in respect of such instrument or by a licensed Land Broker or Solicitor of the Supreme Court employed by him and any person who shall falsely or negligently certify to the correctness of any such application or other instrument shall incur therefor a penalty not exceeding fifty pounds Provided always that such penalty shall not prevent the person who may have sustained any damage or loss in consequence of error or mistake in any such certified instrument or any duplicate thereof from recovering damages against the person who shall have certified the same.

It shall be lawful for each District Land Registrar to demand such fees as shall from time to time be appointed by the Governor in Council not in any case exceeding the several fees specified in the Schedule hereto marked P.

Every District Land Registrar shall keep a correct account of all such sums of money as shall be received by him in accordance with the provisions of this Act and shall pay the same into the Public Account at such times and shall render accounts of the same to such persons and in such manner as may be directed in any regulations that may for that purpose be from time to time prescribed by the Governor in Council and every District Land Registrar shall address to the said Treasurer requisitions to pay moneys received by him or by the said Treasurer in trust or otherwise on account of absent mortgagees or other persons entitled in accordance with the provisions of this Act which requisitions when proved and audited in manner directed by any such regulations framed as aforesaid at the time being in force the said Treasurer and the Comptroller of Public Accounts shall be bound to obey.

If upon the application of any proprietor to have land of which he is seized brought under the provisions of this Act or to have any dealing or transmission registered or recorded or to have any certificate of title registration abstract foreclosure order or other instrument issued or to have any act or duty done or performed which by this Act is prescribed to be done or performed by a District Land Registrar the District Land Registrar shall refuse so to do or if such proprietor shall be dissatisfied with the direction upon his application given by the District Registrar and Examiner as hereinbefore provided it shall be lawful for such proprietor to require the District Land Registrar to set forth in writing under his hand the grounds of his refusal or the grounds upon which such direction was given and such proprietor may if he think fit at his own costs summon the District Land Registrar to appear before the Supreme Court to substantiate and uphold the grounds of his refusal or of such direction as aforesaid such summons to be issued under the hand of a Judge of the said Court and served upon the District Land Registrar six clear days at least before the day appointed for hearing the matter Such objections shall be heard by the said Court upon motion and upon such hearing the District Land Registrar or his counsel shall have the right of reply and the said Court shall if any question of fact be involved direct an issue to he tried to decide such fact and the said Court shall thereupon make such order in the premises as in their judgment the circumstances of the case may require and the District Land Registrar shall obey such order and all expenses attendant upon any such proceedings shall be borne and paid by the applicant or other person preferring such plaint unless the Judge or Court shall certify that there were no probable grounds for such refusal or direction as aforesaid.

It shall be lawful for any District Land Registrar on the direction of himself and the Examiner of Titles of the district whenever any question shall arise with regard to the performance of any of the duties or the exercise of any of the functions by this Act conferred or imposed upon him or them to state a case for the opinion of the Supreme Court and thereupon it shall be lawful for the said Court to give its judgment thereon and such judgment shall be binding upon the District Land Registrar and the District Land Registrar acting in conjunction with the Examiner.

Whenever any order shall be made by any Court of competent jurisdiction vesting land under the provisions of this Act in any person the District Land Registrar of the district within which the land is on being served with an office copy of such order shall enter in the register book and on the grant or other instrument evidencing title to the said land the date of the said order the date and hour of its production to him and the name residence and description of the person in whom the said order shall purport to vest the said land and such person shall thereupon be deemed to be the registered proprietor of such land and unless and until such entry shall be made the said order shall have no effect or operation in transferring or otherwise vesting the said land.

Whenever a person entitled to or interested in land as a trustee would be entitled under the last preceding clause to bring or defend any action in his own name for the recovering the possession of land under the provisions of this Act such person shall be bound to allow his name to be used as a plaintiff or defendant in such action by any beneficiary or person claiming an estate or interest in the said land Provided nevertheless that the person entitled or interested as such trustee shall in every such case be entitled to be indemnified in like manner as a trustee would before the passing of this Act have been entitled to be indemnified in a similar case of his name being used in any such action or proceeding by his cestuique trust.

Except in the case of fraud no person contracting or dealing with or taking or proposing to take a transfer from the registered proprietor of any registered estate or interest shall be required or in any manner concerned to inquire or ascertain the circumstances in or the consideration for which such registered owner or any previous registered owner of the estate or interest in question is or was registered or to see to the application of the purchase money or of any part thereof or shall be affected by notice direct or constructive of any trust or unregistered interest any rule of law or equity to the contrary notwithstanding and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud.

In any suit for specific performance brought by a registered proprietor of any land under the provisions of this Act against a person who may have contracted to purchase such land not having notice of any fraud or other circumstances which according to the provisions of this Act would affect the right of the vendor the certificate of title of such registered proprietor shall be held in every Court to be conclusive evidence that such registered proprietor has a good and valid title to the land and for the estate or interest therein mentioned or described and shall entitle such registered proprietor to a decree for the specific performance of such contract.

Nothing herein contained shall extend to bar the right of any mortgagee or encumbrancee of any lease or any part thereof who shall not be in possession so as such mortgagee or encumbrancee pay all rent in arrear and all costs and damages sustained by such lessor or person entitled to the remainder or reversion expectant on such lease and perform all the covenants and agreements which on the part and behalf of the first lessee are and ought to be performed.

It shall be lawful for a mortgagee as against a mortgagor either before or after obtaining an order for foreclosure as hereinafter provided or for an encumbrancee as against an encumbrancer or for a landlord as against a lessee or tenant whenever the term shall have expired or default shall have been made in payment of the interest or rent or annual or principal sum secured by any memorandum of mortgage encumbrance or lease for the time specified by this Act or that may be otherwise provided in any such instrument and without any formal demand or re-entry to enter a plaint in the District Court or the Resident Magistrate’s Court having jurisdiction in the district in which the land is situated for the recovery or obtaining possession of the land but if the value of the land shall exceed one hundred pounds then to apply to a Judge of the Supreme Court for the recovery or obtaining possession thereof and thereupon a summons returnable not less than fourteen days after the service thereof shall issue to the mortgagor encumbrancer or lessee or to the person claiming through or under him the service of which shall in the case of a landlord against a lessee or tenant stand in lieu of a demand and re-entry and in the case of a mortgagee or encumbrancee against a mortgagor or encumbrancer shall stand in lieu of the notice by this Act required to be given in such case and if the person entitled to redeem the said land or liable to the payment of such rent or annual sum shall five clear days at the least prior to the return day of such summons pay all the rent interest or annual sum in arrear or principal sum due and the costs the said action shall cease but if he shall not make such payment and shall not at the time named in such summons show good cause why the premises should not be recovered then on proof of the service of the summons if the defendant shall not appear thereto and of default having been made in payment of the rent interest or annual or principal sum for the time specified by this Act or otherwise provided as aforesaid before the plaint was entered or application made as aforesaid and in the case of a landlord against a lessee or tenant that no sufficient distress was then found to be on the premises to countervail such arrear and of the plaintiff’s power to enter and of the rent interest or annual sum being still in arrear or principal money due the Court or Judge may order that possession of the premises mentioned in such summons be given by the defendant to the plaintiff on or before such day not being less than four weeks from the day of hearing as the Court or Judge shall think fit to name unless within that period all the rent interest or annual sum in arrear or principal money due and costs be paid and if such order be not obeyed and such rent interest or annual or principal sum and costs be not so paid the Clerk of the Court or Judge shall at the instance of the plaintiff upon proof of the service of such order or that after diligent search made the party named therein cannot be found issue a warrant authorizing and requiring the Bailiff of the Court or Sheriff as the case may be to give possession of the premises to the plaintiff every such warrant to bear date on the day next after the last day named by the Court or Judge in the order for the delivery of the possession of the premises and to continue in force for three months from such date and no longer and in the case of a landlord against a lessee or tenant the plaintiff shall from the time of the execution of such warrant except as hereinafter provided hold the premises discharged of the tenancy Provided that in all cases there shall be an appeal from the District Court or Resident Magistrate’s Court to the Supreme Court to be conducted in manner by law appointed for appeals from Resident Magistrates’ Courts and that every order of a Judge shall be subject to the revision of the Supreme Court Provided also that the decision of any District Court or Resident Magistrate’s Court as regards the value of any land sought to be recovered therein shall be final.

If the person having right to redeem any mortgaged or encumbered land shall within the time hereinbefore mentioned before the return day of such summons pay to such mortgagee or encumbrancee or in case of his refusal shall tender in the open Court or before the Judge and shall pay to the Colonial Treasurer all the principal money and interest due on such mortgage or encumbrance and costs the moneys so paid to such mortgagee or encumbrancee or to the Colonial Treasurer shall be deemed and taken to be in full satisfaction and discharge of such mortgage or encumbrance and the District Land Registrar of the district in which the land is upon the receipt of the said Treasurer accompanied by a certificate of the Court or Judge that such sum has been tendered and refused shall proceed to discharge such mortgage or encumbrance in the manner hereinbefore provided for the case of a registered mortgagee being absent from the Colony.

When the term and interest of any lessee or tenant shall have expired or shall have been determined either by the landlord or the tenant by a legal notice to quit and such tenant or any person holding or claiming by through or under him shall neglect or refuse to deliver up possession accordingly it shall be lawful for the landlord to enter a plaint in the Resident Magistrate’s Court or District Court of the district within which the land is situate or may apply to a Judge of the Supreme Court in cases in which it would not be competent for a Resident Magistrate’s Court or District Court to entertain an action for possession of land in manner aforesaid and thereupon a summons shall issue and upon the hearing of such summons the Court or Judge may order that possession of the premises mentioned in such summons be given by the defendant to the plaintiff forthwith and to issue a warrant accordingly and if the costs shall not have been sooner paid the Clerk shall likewise issue execution for such costs Provided that there shall be such appeal to the Supreme Court from the decisions of the Resident Magistrate’s Court or District Court or Judge as is provided in the case of a mortgagee applying to obtain possession of and against a mortgagor as aforesaid.

Any such summons as aforesaid may be served by delivering the same at the house or place of business of the defendant with some person there of the apparent age of not less than fourteen years and if the defendant cannot be found and his place of dwelling shall either not be known or admission thereto cannot be obtained for the purpose of serving such summons a copy of such summons shall be posted on some conspicuous part of the premises sought to be recovered and such posting shall be deemed to be a good service on the defendant.

When default has been made in the payment of the interest or principal sum secured by memorandum of mortgage for six calendar months a registered mortgagee may make application in writing to the District Land Registrar of the district within which the land is for an order for foreclosure and such application shall state that such default has been made as aforesaid and that the land estate or interest mortgaged has been offered for sale at public auction by a licensed auctioneer after notice given to the mortgagor as in this Act provided and that the amount of the highest bid at such sale was not sufficient to satisfy the money secured by such mortgage together with the expenses occasioned by such sale and that notice in writing of the intention of such mortgagee to make such application has been given to the mortgagor by leaving the same at his usual or last known place of abode if such place be within thirty miles of the residence of such mortgagee or by forwarding the same by registered letter through the Post Office if such place be beyond that distance and such application shall be accompanied by a certificate of the licensed auctioneer by whom such land was put up for sale and such other proof of the matters stated by the applicant as the District Land Registrar may require and the statements made in such application shall be verified by the oath or statutory declaration of the applicant.

The District Land Registrar shall with the Examiners of Titles of the district consider such application and they may direct that the District Land Registrar shall cause notice to he published once in the New Zealand Gazette and once in each of three successive weeks in at least one newspaper published and circulated in the Land District or Province or County or Township within which such land is situated offering such land for sale and shall in such case limit and appoint a time not less than one month from the date of the advertisement in such Gazette upon or after which the District Land Registrar may issue to such applicant an order for foreclosure unless in the interval a sufficient amount has been realized by the sale of such land to satisfy the principal and interest moneys due and all expenses occasioned by such sale and proceedings and every such order for foreclosure under the hand of the District Land Registrar and entered in the register-book shall have the effect of vesting in the mortgagee all the estate and interest of the mortgagor in the land mentioned in such order free from all right and equity of redemption on the part of the mortgagor or of any person claiming through or under him.

Before signing any certificate of title or foreclosure order pursuant to any direction as aforesaid requiring advertisement to be made of intention to bring land under the provisions of this Act or to register any person as devisee or heir-at-law or to issue a foreclosure order the District Land Registrar shall cause notice to be posted in a conspicuous place in his office appointing a date not less than fourteen days from the date of such notice on which he will attend in the public room of the Registry Office to sign such certificate of title or foreclosure order and it shall be lawful for any person interested in the land referred to in such notice to attend personally or by his solicitor broker or attorney and by caveat in writing under his hand to prohibit the signing of such certificate of title or foreclosure order and any caveat so lodged shall continue in force for the space of fourteen days from the date of the presentation thereof to the District Land Registrar unless withdrawn by the caveator or by order of the Supreme Court and upon such withdrawal or order or upon the expiration of such period it shall be lawful for the District Land Registrar to sign such certificate of title or foreclosure order unless he shall have received an injunction from the Supreme Court forbidding him so to do.

No action for possession or other action for the recovery of any land shall lie or be sustained against the registered proprietor under the provisions of this Act for the estate or interest in respect to which he is so registered except in any of the following cases (that is to say)—

The case of a mortgagee as against a mortgagor in default

The case of an encumbrancee as against an encumbrancer in default

The case of a lessor as against a lessee in default

The case of a person deprived of any land by fraud as against the person registered as proprietor of such land through fraud or as against a person deriving otherwise than as a transferree bona fide for value from or through a person so registered through fraud

The case of a person deprived of or claiming any land included in any grant or certificate of title of other land by misdescription of such other land or of its boundaries as against the registered proprietor of such other land not being a transferree of such other land or deriving from or through a transferree thereof bona fide for value

The case of a registered proprietor claiming under the instrument of title prior in date of registration under the provisions of this Act in any case in which two or more grants or two or more certificates of title or a grant and a certificate of title may be registered under the provisions of this Act in respect to the same land

And in any case other than as aforesaid the production of the registered grant certificate of title or lease shall be held in every Court of Law or Equity to be an absolute bar and estoppel to any such action against the person named in such instrument as seized of or as registered proprietor or lessee of the land therein described any rule of law or equity to the contrary notwithstanding.

Any person deprived of land or of any estate or interest in land in consequence of fraud or through the bringing of such land under the provisions of this Act or by the registration of any other person as proprietor of such land estate or interest or in consequence of any error omission or misdescription in any certificate of title or in any entry or memorial in the register book may in any case in which such land has been included in two or more grants from the Crown bring and prosecute an action at law for the recovery of damages against such person as the Governor may appoint as nominal defendant and in any other case against the person upon whose application such land was brought under the provisions of this Act or such erroneous registration was made or who acquired title to the estate or interest in question through such fraud error omission or misdescription Provided always that except in the case of fraud or of error occasioned by any omission misrepresentation or misdescription in the application of such person to bring such land under the provisions of this Act or to be registered as proprietor of such land estate or interest or in any instrument executed by him such person shall upon a transfer of such land bona fide for value cease to be liable for the payment of any damages which but for such transfer might have been recovered from him under the provisions hereinbefore contained and such damages with costs of action may in such last-mentioned case be recovered out of the Assurance Fund by action against the Registrar-General as nominal defendant.

Nothing in this Act contained shall be so interpreted as to leave subject to action for recovery of damages as aforesaid or to action for possession or to deprivation of the estate or interest in respect to which he is registered as proprietor any purchaser or mortgagee bona fide for valuable consideration of land under the provisions of this Act on the ground that his vendor or mortgagor may have been registered as proprietor through fraud or error or may have derived from or through a person registered as proprietor through fraud or error and this whether such fraud or error shall consist in wrong description of the boundaries or of the parcels of any land or otherwise howsoever.

In case the person against whom such action for damages is directed to be brought as aforesaid shall be dead or shall have been adjudged bankrupt or cannot be found within the jurisdiction of the Supreme Court then in such case it shall be lawful to bring such action for damages against the Registrar-General as nominal defendant for the purpose of recovering the amount of the said damages and costs against the Assurance Fund hereinbefore described and in any such case if final judgment be recovered and also in any case in which damages may be awarded in any action as aforesaid and the Sheriff shall make a return of nulla bona or shall certify that the full amount with costs awarded cannot be recovered from such person the Colonial Treasurer upon receipt of a certificate of the Court before which such action was tried and of a warrant under the hand of the Governor as hereinbefore provided shall pay the amount of such damages and costs as may be awarded or the unrecovered balance thereof as the case may be and charge the same to the account of the Assurance Fund.

Any person sustaining loss or damage through any omission mistake or misfeasance of any District Land Registrar or any of his officers or clerks in the execution of their respective duties under the provisions of this Act and any person deprived of any land or of any estate or interest in land through the bringing of the same under the provisions of this Act or by the registration of any other person as proprietor of such land or by any error omission or misdescription in any certificate of title or in any entry or memorial in the register book and who by the provisions of this Act is barred from bringing an action for possession or other action for the recovery of such land estate or interest may in any case in which the remedy by action for recovery of damages as hereinbefore provided is barred bring an action against the Registrar-General as nominal defendant for recovery of damages and in case the plaintiff recover final judgment against such nominal defendant then the Court or Judge before whom such action may be tried shall certify to the Colonial Treasurer the fact of such judgment and the amount of damages and costs recovered and the said Treasurer thereupon and upon the receipt of a warrant under the hand of the Governor shall pay the amount of such damages and costs to the person recovering the same and shall charge the same to the account of the Assurance Fund Provided always that notice in writing of every such action and of the cause thereof shall be served upon the Attorney-General and also upon the Registrar-General one calendar month at least before the commencement of such action.

If in any such action judgment be given in favour of the nominal defendant or the plaintiff discontinue or become nonsuit the plaintiff shall be liable to pay the full costs of defending such action and the same when taxed shall be levied in the name of the nominal defendant by the like process of execution as in other actions on the case.

No action for recovery of damages sustained through deprivation of land or of any estate or interest in land as hereinbefore described shall lie or be sustained against the Registrar-General or against the Assurance Fund or against the person upon whose application such land was brought under the provisions of this Act or against the person who applied to be registered as proprietor in respect to such land or against the person executing any instrument as aforesaid unless such action shall be commenced within the period of six years from the date of such deprivation Provided nevertheless that any person being under the disability of coverture infancy unsoundness of mind or absence from New Zealand may bring such action within six years from the date on which such disability shall have ceased and the plaintiff in any such action at whatever time it may be brought or the plaintiff in an action for the recovery of land shall be nonsuited in any case in which the deprivation complained of may have been occasioned through the bringing of land under the provisions of this Act if it shall be made to appear to the satisfaction of the Court before which such action shall be tried that such plaintiff or the person through or under whom he claims title had notice by personal service or otherwise or was aware that application had been made to bring such land under the provisions of this Act and had wilfully or collusively omitted to lodge a caveat forbidding the same or had allowed such caveat to lapse.

Whenever any amount has been paid out of the Assurance Fund on account of any person who may be dead such amount may be recovered from the estate of such person by action against his personal representatives in the name of the Registrar-General and whenever such amount has been paid on account of a person who shall have been adjudged bankrupt the amount so paid shall be considered to be a debt due from the estate of such bankrupt and a certificate signed by the Colonial Treasurer certifying the fact of such payment out of the Assurance Fund and delivered to the trustee shall be sufficient proof of such debt and whenever any amount has been paid out of the Assurance Fund on account of any person who may have absconded or who cannot be found within the jurisdiction of the Supreme Court and may have left any real or personal estate within New Zealand it shall be lawful for the said Court or a Judge thereof upon the application of the Registrar-General and upon the production of a certificate signed by the Colonial Treasurer certifying that the amount has been paid in satisfaction of a judgment against the Registrar-General as nominal defendant to allow the Registrar-General to sign judgment against such person forthwith for the amount so paid out of the Assurance Fund together with the costs of the application and such judgment shall be final and signed in like manner as a final judgment by confession or default in an adverse suit and execution may issue immediately and if such person shall not have left real or personal estate within the Colony sufficient to satisfy the amount for which execution may have been issued as aforesaid it shall be lawful for the Registrar-General to recover such amount or the unrecovered balance thereof by action against such person at any time thereafter he may be found within the jurisdiction of the Supreme Court.

The Assurance Fund shall not under any circumstances be liable for compensation for any loss damage or deprivation occasioned by the breach by a registered proprietor of any trust whether express implied or constructive nor in any case in which the same land may have been included in two or more grants from the Crown nor shall the Assurance Fund be liable in any case in which such loss or deprivation has been occasioned by any land being included in the same certificate of title with other land through misdescription of the boundaries or parcels of any land unless in the case last aforesaid it shall be proved that the person liable for compensation and damages is dead or has absconded or has been adjudged insolvent or the Sheriff shall certify that such person is unable to pay the full amount and costs awarded in any action for recovery of such compensation and the said fund shall be liable for such amount only as the Sheriff shall fail to recover from the person liable as aforesaid.

Neither the Registrar-General nor any District Land Registrar shall be individually nor shall any person acting under this Act be liable to any action suit or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of the powers of this Act.

Any certificate of title issued upon the first bringing of land under the provisions of this Act and every certificate of title issued in respect of the same land or any part thereof to any person claiming or deriving title under or through the applicant proprietor shall be void as against the title of any person adversely in actual occupation of and rightfully entitled to such land or any part thereof at the time when such land was so brought under the provisions of this Act and continuing in such occupation at the time of any subsequent certificate of title being issued in respect of the said land but every such certificate shall be valid and effectual as against the title of any other person whomsoever.

In case it shall appear to the satisfaction of the District Land Registrar of any district that any certificate of title or other instrument relating to land in his district has been issued in error or contains any misdescription of land or of boundaries or that any entry or indorsement has been made in error on any rant certificate of title or other instrument or that any such grant certificate instrument entry or indorsement has been fraudulently or wrongfully obtained or that any such grant certificate or instrument is fraudulently or wrongfully retained he may summon the person to whom such grant has been so issued or by whom it has been so obtained or is retained to deliver up such certificate or instrument for the purpose of being cancelled or corrected as the case may require and in case such person shall refuse or neglect to comply with such summons or cannot be found the District Land Registrar may apply to a Judge of the Supreme Court to issue a summons for such person to appear before such Court or Judge and show cause why such grant certificate or other instrument should not be delivered up to be cancelled or corrected as aforesaid and if such person when served with such summons shall neglect or refuse to attend before such Judge or Court at the time therein appointed it shall be lawful for such Judge to issue a warrant authorizing and directing the person so summoned to be apprehended and brought before a Judge of the Supreme Court for examination.

Upon the appearance before the Court or Judge of any person summoned or brought up by virtue of a warrant as aforesaid it shall be lawful for the Court or Judge to examine such person upon oath and in case the same shall seem proper to order such person to deliver up such grant certificate of title or other instrument as aforesaid and upon refusal or neglect by such person to deliver up the same pursuant to such order to commit such person to any convenient public gaol and in such case or in case such person shall have absconded so that summons cannot be served upon him as hereinbefore directed the District Land Registrar shall if the circumstances of the case require it issue to the proprietor of the said land such certificate of title or other instrument as is herein provided to be issued in the case of any grant or certificate of title being lost mislaid or destroyed and shall enter in the register book notice of the issuing of the said certificate of title or other instrument and the circumstances under which the same was issued and such other particulars as he may deem necessary.

Upon the recovery of any land estate or interest by any proceeding in any Court from the person registered as proprietor thereof it shall be lawful for the Court or Judge in any case in which such proceeding is not hereinbefore expressly barred to direct the District Land Registrar of the district within which the land is to cancel any certificate of title or other instrument or any entry or memorial in the register book relating to such land and to substitute such certificate of title or entry as the circumstances of the case may require and the District Land Registrar shall give effect to such order.

If any person fraudulently procures assists in fraudulently procuring or is privy to the fraudulent procurement of any certificate of title or other instrument or of any entry in the register book or of any erasure or alteration in any entry in the register book or in any instrument or form issued by the Registrar-General or any District Land Registrar or fraudulently uses assists in fraudulently using or is privy to the fraudulent using of any form purporting to be issued or sanctioned by the Registrar-General or knowingly misleads or deceives any person hereinbefore authorized to demand explanation or information in respect to any land or the title to any land which is the subject of any application to bring the same under the provisions of this Act or in respect to which any dealing or transmission is proposed to be registered or recorded such person shall be guilty of a misdemeanour and shall incur a penalty not exceeding five hundred pounds or may at the discretion of the Court before whom the case may be tried be imprisoned with or without hard labour for any period not exceeding three years and any certificate of title entry erasure or alteration so procured or made by fraud shall be void as between all parties or privies to such fraud.

If any person is guilty of the following offences or any of them (that is to say)—

Forges or procures to be forged or assists in forging the seal of any District Land Registrar or the name signature or handwriting of any officer of the Registry Office in cases where such officer is by this Act expressly or impliedly authorized to affix his signature

Stamps or procures to be stamped or assists in stamping any document with any forged seal of any District Land Registrar

Forges or procures to be forged or assists in forging the name signature or handwriting of any person whomsoever to any instrument which is by this Act or in pursuance of any power contained in this Act expressly or impliedly authorized to be signed by such person

Uses with an intention to defraud any person whomsoever any document upon which any impression or part of the impression of any seal of any District Land Registrar has been forged knowing the same to have been forged or any document the signature to which has been forged knowing the same to have been forged

such person shall be guilty of felony and if any person is guilty of making a false oath or declaration concerning any matter or procedure made and done in pursuance of this Act such person shall be deemed guilty of perjury.

Any person convicted of felony or perjury under this Act shall be liable to imprisonment for any term not exceeding four years and to be kept to hard labour or solitary confinement for any part of the period aforesaid.

No proceeding or conviction for any act hereby declared to be a misdemeanour or a felony shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act or against his estate.

In the conduct of actions under this Act the same rules of procedure and practice shall apply and there shall be the same rights of appeal as are in force or exist for the time being in respect of ordinary actions in the Court in which such action may be tried Provided that the Judges of the Supreme Court or so many of them as are for the time being authorized to make general rules for regulating proceedings in ordinary actions in the Supreme Court shall have power from time to time to make rules and orders for regulating proceedings in the Supreme Court under this Act and from time to time to rescind alter or add to such rules and orders.

Unless in any case herein otherwise expressly provided all offences against the provisions of this Act may be prosecuted and all penalties or sums of money imposed or declared to be due or owing by or under the provisions of the same may be sued for and recovered in the name of the Attorney-General or of the Registrar-General before any Court having jurisdiction for punishment of offences of the like nature or for the recovery of penalties or sums of money of the like amount.