Land Transfer Act 1870 Amendment Act 1876
Land Transfer Act 1870 Amendment Act 1876
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Land Transfer Act 1870 Amendment Act 1876
Land Transfer Act 1870 Amendment Act 1876
Public Act |
1876 No 67 |
|
Date of assent |
30 October 1876 |
|
Contents
An Act to amend “The Land Transfer Act, 1870.”
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The Land Transfer Act 1870 Amendment Act, 1876.”
2 No claim on Assurance Fund in respect of unregistered instruments affecting land brought under provisions of the Act.
When any land shall hereafter be brought under the provisions of “The Land Transfer Act, 1870”
(hereinafter called “the said Act”
), upon the application of any person claiming to be the proprietor thereof, no person claiming any estate or interest in such land by virtue of any deed or instrument which prior to the bringing of such land under the said Act might have been registered against the same under the provisions of “The Deeds Registration Act, 1868,”
shall have any claim or action against the Registrar-General of Land or upon the Assurance Fund by reason of deprivation of such estate or interest occasioned by bringing such land under the said Act upon such application, unless such deed or instrument shall have been duly registered as aforesaid, or unless the Registrar shall have had actual personal knowledge affecting him with fraud, or been served personally with an express notice in writing of such deed or instrument, whether the same may or may not have been registered.
3 Acknowledgments by married women to be valid if made in accordance with the provisions of “The Conveyancing Ordinance Amendment Act, 1874.”
The acknowledgment by any married woman in accordance with the provisions of the third section of “The Conveyancing Ordinance Amendment Act, 1874,”
of any instrument purporting to deal with her interest in land under the said Act, shall be sufficient for the purposes of the said Act; and all such instruments heretofore acknowledged as aforesaid shall be as valid and effectual as if made after the passing of this Act.
4 Mortgages created under provisions of said Act not to be affected.
The provisions of “The Conveyancing Ordinance Amendment Act, 1860,”
and of “The Sales by Mortgagees Act, 1870,”
shall not extend or apply to mortgages created or to be created under the provisions of the said Act.
5 District Land Registrar and Examiner of Titles.
It shall be lawful for the Governor, if in his opinion the circumstances of any now existing Land Registration District shall so require, to appoint the District Land Registrar of such district, if a barrister or solicitor of the Supreme Court of New Zealand, to be also Examiner of Titles in and for the same district, and any person so appointed may hold the said offices conjointly; but in no district hereafter to be formed shall the two offices of Registrar of Land and Examiner of Titles be held by the same person.
6 Penalty for transaction of business by unlicensed persons.
Any person who not being the holder of a license as a land broker under the said Act, or of a certificate then in force to the effect that he is on the roll of the Supreme Court as a barrister or solicitor thereof, shall transact business for fee or reward under the said Act, or shall wilfully and falsely pretend to be entitled to transact such business, shall for each such offence forfeit and pay a penalty not exceeding fifty pounds.
7 The words “one calendar month”
to be substituted for “six calendar months”
in section 87 of “Land Transfer Act, 1870.”
The words “six calendar months,”
in the eighty-seventh section of the said Act, are hereby repealed, and the words “one calendar month”
substituted in lieu thereof.
8 Receipts for the purchase money of land shall be in duplicate.
Every receipt which shall be issued by the Waste Lands Board of the Province of Canterbury for the purchase money of land contracted to be sold under the provisions of “The Canterbury Educational Reserves Sale and Leasing Act, 1876,”
shall be in duplicate, and it shall be the duty of the Board to transmit one copy thereof to the District Land Registrar of the district within which such land is situate.
9 District Land Registrar shall include receipt in Provisional Register Book.
The District Land Registrar shall include such receipt in the Provisional Register Book of such district, as if the same were a receipt by an ordinary Receiver of Land Revenue for the purchase money of waste lands of the Crown; and until the issue of a certificate of title for the same as hereinafter mentioned, all dealings with such land by the purchaser, and by those claiming through or under him, shall be entered on the provisional register only.
10 Act not to preclude registration of instrument required under “Canterbury Educational Reserves Sale and Leasing Act, 1876.”
Nothing in this Act shall be taken to preclude the registration in due form of any instrument requisite for giving effect to the provisions of the said “Canterbury Educational Reserves Sale and Leasing Act, 1876,”
and for vesting the land contracted to be sold as aforesaid in the purchaser named in such receipt; but until the issue of a certificate of title for the same, no other dealings whatever with the said land shall be registered, save and except such as are hereinbefore authorized to be entered on the provisional register.
11 Upon registration of Crown grant and transfer, District Land Registrar shall cancel grant.
Upon the registration of a Crown grant for the said land, and of a duly executed transfer to the purchaser, the District Land Registrar shall cancel such grant as to the land transferred, and shall issue a certificate of title for the same to the purchaser or to such other person or persons, and subject to such memorials and entries thereon, as shall he necessary for giving effect to the dealings on the provisional register.
12 No entry to be invalidated by reason of prior registration of Crown grant. Proviso.
No entry on the provisional register under the authority of this Act shall he invalidated by reason of the prior registration of a Crown grant for the land the subject thereof: Provided no certificate of title shall have been issued as aforesaid.
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Versions
Land Transfer Act 1870 Amendment Act 1876
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