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tion thereof or an interest therein adversely to the applicant it shall not be
necessary for such caveator to take proceedings in any Court to establish
such claim but the applicant may state a case for the opinion and direction

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of the Sapreme Court upon the matter and the caveator may apply to the
said Court for an order on the Begistrar-General aa provided by the twenly-
tiiird section to restrain him from proceeding until tne farther order of tne
Court. And the Court may make such an order and may in its discretion
direct the caveator to lodge in the Court on or before a certain day a case
on his own behalf stating whether he claims in his own right or under an-
other person together with such other particulars (if anj) as the Court
shall think fit to order and the Court sniUl thereupon direct an issue or
issues to be tried by a Jury as to any fact or facts or should no fact be in
contest may decide the matter upon the case stated and for the purposes
aforesaid may make all such orders as the Court shall think fit and the de-
cision of the Court finally upon the matter shall be conclusive on the parties
and on the Be^strar-GTeneral and Commissioners And the costs of^everv
proceeding under this section shall be borne by the party finidly unsuccessful.

6. Any Judge of the Supreme Court may on the application of any Judge may
person seeking to bring land under the principal Act make an order ^^on^
requiring any specified person having in nis possession or under his deeds Ao.
control any deeds instruments or evidences of title relating to or afEecting
the limd to produce the same at the Land Titles Office on a day to be
named in such order there to be left for the perusal of the Examiners of
Titles upon such terms and subject to such conditions as to costs and
otherwise as to the Judge may seem fit. (Mudaway v. Davy and Suich^
1 ; re Craig, 76 / Mnnoran v. WeiTy 136 ; Outhhertson v. Swann^ 144. Z.
28 ; Q. 61-46, 61-95 ; S. 220-1 ; V, 66-126, 85-37.)

6. In addition to the persons empowered by the seventy-ninth section ^P£j^Sj5j^
of the principal Act to apply to be registered as proprietors by transmission tend W^
on the death of a deceased registered proprietor it shall be lawful for any t»MMnw«<»
person having a power of disposition over the fe^-simple of any land
belonging to a deceased registered proprietor to make the application And

every such application shaU be proceeded with in the manner indicated by
the said seventy-ninth and the eightieth sections of the said Act Provided
that in any application to be registered proprietor by transmission whether
under this section or the said seventy-ninth section the Commissioners of
Titles may if so advised bv the Examiners of Titles dispense with the
publication of all or any of the notices directed to be published by the said
eightieth section and the Segistrar-G-eneral shall unless he shall have
received a caveat forbidding him so to do register the applicant as proprietor
at the expiration of such time not being more than one month as the said
Commissioners shall direct and the said Commissioners may direct any
caveat to be entered by the Begistrar-G-eneral for the protection of the
interests of such other persons (if any) as may appear to the examiners to
be interested in such Land. {Mudgway v. Davy and Buick, 1 ; Pannan v.
Pannany 18 ; Barker v. Weld, 31 ; re Beattie, 53 ; re Woods, 95 ; Buckett v.
Enobhe, 168. S. 176 ; Z. 117.)

7. In any application to be registered as proprietor under the niipeiiMi-
provisions of the seventy-ninth section of the principal Act it shall be ^Smim^t
competent for though not compulsory on the Commissioners if so advised deeth in
by rae Examiners of Titles to dispense with a certificate of the death of S^SaSS*
the deceased registered proprietor on production of such other evidence ^^^^j^]^^
of his death as the Examiner of Titles shall think sufficient and in any tSS^%\t
such appUcation it shall be unnecessary for the applicant to state the^|^^^
nature oi or set forth any estate or interest held by any other person or interem

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persons at law or in eqait]^ arifling or supposed to arise out of matters
anterior to the date of tne instrument in respect of which he applies to
he registered unless such estate or interest shall have heen disclosed by
or referred to in some instrument or declaration of trust deposited under
the said Act or shall have been protected by caveat entered pursuant to
the proTisions of the said Act and the Begistrar-G^eneral Examiners and
Commissioners shall not except in the cases before mentioned be concerned
in or take notice of any such anterior estates or interests as aforesaid
and such application may be made and verified either by and on the
oath of the ap plicant or in case of his absence from the Colony of
New South W ides by his a^ent duly constituted by a genend power of

BegistrAtion g. XJpon the registration of any person claiming any estate of freehold

^ ^ij in the land of a deceased proprietor under sections seventy-nine and

indonement eighty of the principal Act it shall not be necessary for such first-
mentioned person to take out a certificate of title in his own name where
the transmission is of the whole of the land comprised in the grant or
certificate of title surrendered and for the whole of the estate of the
deceased registered proprietor but he may receive the grant or certificate
of such registered proprietor with a memorial of the transmission indorsed
thereon provided that the Segistrar- General whenever in his opinion
any grant or certificate of title shall be incapable of containing with
convenience any further indorsements may compel the last proprietor
applying for registration to receive a certificate of title in his own name.
(T. 86-19.)

AstoMTMts g^ Where any caveat shall hereafter be lodged forbidding the bringing
of any land under the provisions of the principal Act and notice of
proceedings having been taken by the caveator under the twenty-third
section of the said Act shall have been given to the Registrar-General
as therein directed if such proceedings shall not within six months after
the date of writ or commencement of such proceedings have been continued
to such a stage as to have resulted in a decision judgment or order by
the Court it shall be lawful for the Eegistrar-General by direction of
the Commissioners on giving one calendar month's notice to the caveator
or to the solicitor whose name appears on the caveat of his intention to
proceed or if neither of such courses be practicable then on posting or
exhibiting on the said land such notice for a period of thirty days to
proceed with the application notwithstanding the provisions of the twenty-
second section of tne said Act and to bring the land the subject thereof
and of the said caveat under the said Act unless in the meantime an
order or injunction restraining the Eegistrar-General from further
proceeding with the said application shall have been served on him. {Be
Thompson and OhippSy 26 ; re J, B. Slack, 35 ; re kelson Brothers^ 86 ; re
David Le Compte, 39 ; re Wm. BiggB, 69 ; e» parte M, Lyons, 69a ; es
parte Fotoer, 69b; ex parte Feck, 69c; re F. O. and A, Davies, 59d ; re
Wm, Field, 69b ; re Clark ahd Harveif,69T; D*Albrdyhill v. D'AlbrdyUU,
82; re Wm. Wadham, 114; Kiealvng v. Mitchelson, 123; Neil v. Adams,
130 ; Wildash v. Hutcheson, 132 ; jButler v. Saddle HUl Mining Company,
163 ; FHebe v. Oullen and another, 178 ; ex parte Brown, 186 ; ex parte
Davis and Inman, 208 ; re Pennington, 212 ; re A. Bosquet, 202* Z. 21,
137; Q. 61-11-6; S. 191, 10, 220-6; T. 62-11-6; V. 66-21, 22, 28, 24,

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10. If any obiecidon to the title of land sought to be brought nnder speouJoMe
the proyisiona of the principal Act is made by tne Examiners which the
appbcant shall deem to be not well founded he may state a case for the
decision of the Supreme Court which decision shall be binding upon the
Examiners and Commissioners but shall not affect the claim of any person
against the assurance fund under the principal Act or the ri^ht of the
applicant to proceed under the one hundred and seventh section of that
Act PrcTided always that to every such case there shall be annexed such
observations as the Examiners may think proper to make Provided also
ihtit &e costs of obtaining such decision shall in each case be borne by the

IL No title to land adverse to or in derogation of the title of the statutes of
regiatered proprietor shall be acquired by any length of possession by ^J5*j|gjt
firtue of any statute of limitations relating to real estate nor shaU land under
tiie title of any such registered proprietor be extinguished by the ^^
operation of any such statute And the enactment contained in this
Bection shall be deemed to be declaratory of the principal Act but
shall not affect any proceeding had or commenced before the commence-
ment of this Act.

12. Where any declaration of trust in relation to land under the Proniion
provisions of the principal Act shall be lodged under the sixty-sixth section ^^^^^
of the said Act it shall be the duty of the Begistrar-General forthwith tions of tnut
to enter a caveat forbidding the re^stration of any instrument not in
accordance with the trusts and provisions therein declared and contained

so far as concerns the land affected by such declaration and thereupon
the words "Caveat Number " (the proper number being fQled in)

shall be stamped or written upon the folium of the register comprising the
land r^erred to in such declaration of trust Provided that such caveat
mav be removed by the Court or Jud^e on application of the same persons
ana in the same manner as provided by the eighty-second section of the
said principal Act. (Outhherttan v. Stoann, 144 ; ex parte Pennington^
217. See note to See. 9, ante,)

13. No writ of execution issued after the passing of this Act shall As to write
bind any land under the provisions of the principal Act nor shall any ^-^-^^
transfer on a sale of such land under such writ of execution be registered

imlesB a true copy of such writ shall be served on the Begistrar-General
within six months from the teste date of such writ or date of any renewal
thereof for the purpose of making the entries described in the ninety-
second section of the said Act. ( Jones v. Park, 87 ; re William Wadham^
114; Palmer v. Andrews, 146, 147.)

14. Nothing in the sixty-sixth or any other section of the principal Grants to be
Act shall be deemed to prevent or to have prevented the registration of Jf^JSa^^
any Crown grant issuea or to be issued at any time from and after the truste cC-
firtt day of January one thousand eight hundred and sixty-three by reason ^^^"^

of the uct that a trust or trusts may have been or may be declared in such
grant. {RM v. Loder, 168. T. 62-84.)

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Note. — The numbers following any case quoted at the end of a section will be found to
correspond with the same number in the Digest, The letters V. {Victoria);
S. {South Australia); Q. {Queensland); N. {New South Wal^); T, {Tas-
mania) ^ followed by a number or numbers^ refer to the respective Land Transfer
Acts of the Colonies above-named^ and to the number of the section of such Act
where there is only one Act, or to the year and section of Acts where the original
is followed by a further Act or Acts, and all notes to sections will be found in
italics or other distinguishing type.

BE IT ENACTED by the General AsBembly of New Zealand in Parlia-
ment aaBembled, and by tbe autbority of the same, as follows : —

Short title 1. The short title of this Act is "The Land Transfer Act, 1886." It

2|J»M>^o*' shall come into operation on the first day of January, one thousand eight
hundred and eighty-six.

Literpieta. 2, In this Act, and in all instruments purporting to be made and

^ executed under this Act, if not inconsistent with the context : — BANK-

RUPTCY means the vesting in any person or persons of any estate or
interest of a debtor for the benefit of creditors generally, by deed of arrange-
ment or otherwise, under authority of any Court of competent jurisdiction.
CEO WN GRANT means the grant of any land by the Crown, and includes
certificates of title issued in lieu of grant. {Mudgway v. Davy and Buick, 1 ;
Mangakahia v. N,Z, Timber Company, 100 ; Fitzgerald v. Archer^ 101 ; Fisher
V. Gafney) : DEALING means and includes every transfer, transmission,
mortgage, lease, or incumbrance of any estate or interest under this Act :
DISTRICT means a land registration district under this Act : ESTATE OR
INTEREST means and includes evenr estate in land, also any mortgage or
charge on land under this Act: INDORSEMENT, in addition to its
ordinary meaning, includes anything written upon or at the foot of a^
document for giving effect to any of the purposes of this Act : INSTRU-
MENT means and includes any printed or written document, map, or plan
relating to the transfer of or other dealing with land, or evidencing title
thereto: LAND extends to and includes messuages, tenements, and
hereditaments, corporeal and incorporeal, of every kind and description, and
every estate or interest therein, together with all paths, passages, ways,
waters, watercourses, liberties, easements, and privileges thereunto apper-
taining, plantations, gardens, mines, minerals, and quarries, and aU trees
and timber thereon or thereunder lying or being, unless specially excepted.
(N. 8; Q. 61-8; S. 8; T. 62^; V. 66-4u) LAND REVENUE

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EECEIVEB'S EECEIPT includeB any document, signed by competent
authority, evidencing a contract for alienation of land by the Crown in fee-
simple : MORTGAGE means and includes any charge on land created
nnder the provisions of this Act for securing — {a) The repayment of a loan
or satisfaction of an existing debt ; (h) The repayment of future advances,
or payment or satisfaction of any future or unascertained debt or liability,
contingent or otherwise ; (c) Tne payment to the holders for the time being
of any Donds, debentures, promissory notes, or other securities, negotiable or
otherwise, made or issued oy the mortgagor before or after the creation of
such charge; (i) The payment to any person or persons by yearly or
periodical payments or otherwise of any annuity, rent charge, or sum of
money other than a debt. {See note to ^. 93, post.) MORTGAGEE—
Means the proprietor of a mortgage: MOETGAGOR— Means the pro-
prietor of any estate or interest charged with a mortgage : (Jones v. Selticky
78 ; Hart v. Stratum, 119.) PRO PRIETOR— Means any person seised or
possessed of an estate or interest in land, at law or in equity, in possession
or expectancy : (N. 3 ; Q. 61 ; S. 180 ; T. 62-3.) REGISTRAR and
EXAMINER — Mean respeddvely the District Land Registrar and
Examiner of Titles of the district within which any land to be dealt with or
affected is situated: REGISTRAR-GENERAL— Means the Registrar.
General of Land appointed under this Act: SURVEYOR- GENERAL—
Means any person appointed to that office by the Governor: TRANS-
MISSION — Means the acquirement of title to any estate or interest con-
sequent on the death, will, intestacy, ]2^ikxi|£tcy, msolvency, or marriage of
a proprietor, or by virtue of appointment or succession to imy office, or as
trastee under any will or settlement.

DisTBiCT Oppicbbb, Etc.

3. The several land registration districts constituted under or by virtue Bzisting
of " The Land Transfer Act, 1870," as the same are defined and existing at ^jSid
the time of the commencement of this Act, shall be land registration distncts

for the purposes of this Act. The Governor in Council may from time to ooTornor
time alter the boundaries of any such district, or may abolish any such ™*J.??**^
district by including the same within the limits of some other district or triots '

4. There shall be, for the purposes of this Act, an officer, to be called offioen
the Registrar-General of Land ; also, in and for each land registration district STiJ^Sed
an officer to be caUed the District Land Registrar ; who shtul respectively be Aots con-
appointed by the Governor. In addition to the above the Governor may, if ^J^JT^^
be shall think fit, appoint in and for each or any district an Examiner of

Titles, also an Assistant Land Registrar, which last-named officer shall in all
respects act under and conform to the directions of the District Land
Eegistrar, and, subject thereto, shall have all the powers and may exercise
all the functions of the District Land Re^strar, except such as are expressly
required to be exercised in conjunction with the Examiner of Titles. AU
persons holding any of the above offices at the time of the commencement of
this Act shall be deemed to be duly appointed under this Act.

5. The Governor may from time to time appoint a deputy to act in the Governor
place of any officer holding office under this Act, during the absence of such S^qJ^"™*
officer from any cause, or during the vacancy of any office by death or other-
wise ; and such deputy, during the time he shall continue to act, shall have

all the powers, duties, and responsibilities of the officer to whom he is deputy.
All existing appointments of deputies are hereby confirm ed.

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offioMmay 6. Tbe OoYemor may appoint any person to hold any of the aforesaid

joinu}?**^ oflBces in conjunction, and to exercise the functions thereof concurrently.

Banisters or 7. Subject as aforosaid, no person shall be appointed to the office of

JS^tobe Registrar- Gfeneral of Land, District Land Eegistrar, or Examiner of Titles

appointed uulcss such persou shall have been admitted as a barrister or solicitor of the

^fi^^ Supreme Court of New Zealand, or shall have passed such special examination

as shall be prescribed by regulations under this Act, and no person so

appointed shall, during tenure of office, practice either directly or indirectly

as a barrister, solicitor, or land broker, or be in partnership with any person

so practising. (Barker v. Weld, 31.)

Officers tobe 8. All persons heretofore appointed or hereafter to be appointed to any
J^btiwis office as aforesaid shall hold such office subject to the provisions of any Act
ofbivii for the time being regulating the Civil Service of the colony ; and, subject
thereto, the Governor may cancel any such appointment, and thereupon, or
upon the death or resignation of any officer, may make any new appoint-
ment as may be necessary.

BAgirtrw to 9. Every Registrar shall have and use a seal of office bearing the

sedToToffioe impressiou of the Eoyal Arms, and having inscribed in the margin the

words \_N'ame of district^ District Land Eegistrar, New Zealand ; and every

instrument bearing the imprint of such seal, and purporting to be signed or

issued by a Eegistrar, or by his assistant or depu^, shall be received in

evidence, and shall be deemed to be signed or issued bv or under the direc*
tion of such Eegistrar, without further proof, unlese tne contrary is shown.
(Q. 61-8 ; S. 21, ; T. 62-91 ; V. 86-62.)

Jjajstd Subject to Pbotisioks op this Act.

What lands 10. The following land shall be subject to the provisions of this Act : —

^^Aot^ All land whieh has already in any manner become subject to the provisions
of " The Land Transfer Act, 1870,** or any Act amending the same, or of
" The Land Eegistry Act, 1860 :** All land hereinafter alienated or con-
tracted to be alienated from the Crown in fee : All land in respect of which
any order shall hereafter be made under the provisions of any Native Land
Act in force for the time being which shall have the effect or vesting such
land in any person in freehold tenure : All land which shall hereafter become
vested in any person for an estate in fee-simple in possession by virtue of an
Act of the General Assembly.

Special pro- ll* Land ovor which the Native title has been extinguished since the

i^dondOT constitution of the district within which the same is situate, but prior to the
Native Land thirty-first day of August, one thousand eight hundred and seventy-four,
ta^Maes'' shall come under the provisions of this Act upon the registration of a Crown
grant, or certiGcate of title in lieu of grant.

Title nr Substittttioit op Ceown Q-bakt.

GoTemor 12: From and after the coming into operation of this Act no Crown

JSHSSJ^" grant shall be issued for any land subject to the provisions hereof, but in
issue of oer- Heu of such grant the Governor shall, by warrant under his hand, direct the
tiS^toUMi Eegistrar to issue a certificate of title for such land in the Form in the First
of grant Schedule ; and every such certificate, when signed and registered, shall have
the force and effect of a Crown grant.

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13. Ereiy snch warrant — Sliall specify the name and description of PutioQiAn
the peiBon or persona entitled to such grant, and, if more tlian one, whether t^ahT^;
as joint tenants or tenants in common, and the date whereon the right to n^t, •^d lo
sadi grant accrued, together with a description of the land sufficient to iiT^^dMoe
identify the same, the correction of which shall be certified by the Surveyor- *« B«g>«t»r
General, or by some person appointed by him for the purpose ; and whether
sach ]and is intended to be hela in trust as a public reserre or otherwise, or
is subject to any road or other reservation or restriction : Shall be filed by
the Eegistrar in his office for reference, and shall be conclusive evidence to
tiie Begistrar of the matters hereby required to be therein stated.

14« If it shall appear on the Provisional Eegister that the estate of any c«rtiii<»to
person named in any warrant as entitled to a Crown grant has become vested jJJJed*to
m any other person claiming through the person named in the warrant, the pewon mti-
Begistrar may issue a certificate of title direct to the person appearing to be ofbraa of
so entitled. • mmat

15. Eveiy certificate of title to be issued as aforesaid shall be made Oertifloiiteto
subject to all incumbrances, estates and interest appearing on the Provisional J? SuSSg**
Sister as affecting the land at the date of the issue of such certificate. ^onm-

16. No warrant shall be necessary for the issue of a certificate of title WamDt not
to any person in whom any land shall have become and be or shall hereafter f^^Mueof
become vested for an estate in fee-simple in possession by any Act of the oertiiu»to to
General Assembly of New Zealand or by any Proclamation or Order in SSltSd br
Comicil under the express provisions of any such Act since the first day of ^^^ oj^®*
March, one thousand eight nundred and sevenfy-one. AMt^bij

Applications to Bbiko Land uitdxb Act.

17. Land which has not become subject to this Act in any manner Land mar
under the foregoing provisions may, if the same has been alienated or con- SSdwA^on
tracted to be alienated from the Crown in fee, be brought under the opera- appiioftUon
tion hereof , in manner hereinafter provided ; but no application shall be ^SSed''
received to bring under this Act lana for which no Crown grant has been

issned until such application has been approved by the Surveyor-Q-eneral, or
by some person appointed by him for the purpose, and has been assented to
1^ the Governor. (Sx-parte Eowan^ 14 ; re J, B. Slack, 85 ; re Nelton
Brotheri, 36 ; Warner v. Dove, 37 ; Wiggins app, Hammill resp,, 38 ; re
D. Le Oompte, 39 ; re Dr. O. Quinn, 40 ; re Chapman, 41 ; ex parte
EamHUm, 42 ; ex parte Bamett, 44 ; ex parte Olissold, 45 ; re Battrag, 73. Q.
61-22 ; 8. 26-27 ; T. 62-20 ; JN. 19, 78-2 ; V. 66-18, 34.)

18. The Eegistrar of each district shall receive applications for the By whom
purpose aforesaid in the Form A in the Second Schedule, it made by any of ^^^S23*e
the following persons, that is to say — By any person (claiming to be the

person) in whom the fee-simple of toe land is vested in possession either at
law or in equity : Provided that, wherever trustees other than trustees of
public reserves have no express power to sell the land which they seek to
bring under this Act, the person claiming to be beneficially entitled to such

Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 16 of 83)