The Short Title of this Act shall be the “Land Registry Act, 1860.”

Registration under this Act shall commence in the several Registrars’ districts to be constituted as hereinafter provided, at such times respectively as the Governor shall from time to time appoint by warrant under his hand, to be published in the New Zealand Gazette, after Rules and Forms to he made and promulgated under Sections 71 and 74 of this Act shall have been laid on the table of both Houses of the General Assembly for fourteen days during the next Session.

There shall be established within the Colony an office to be called the “Land Register Office,” for the purpose of registering the proprietorship of land, and for transferring the same by registration.

It shall be lawful for the Governor in the name and on behalf of Her Majesty from time to time, by Commission under the Public Seal of the Colony, to appoint a “Registrar-General of Land;” Provided always that the Registrar-General may be appointed and act as District Registrar of any district.

The Governor shall from time to time as he shall think fit, by proclamation in the New Zealand Gazette, constitute throughout the Colony, or in any part thereof, Registrars Districts for the purposes of this Act, and such districts abolish, and the boundaries of any district define and alter, and also declare by what local name each such district shall be designated.

The Governor, in the name and on behalf of Her Majesty, shall from time to time by warrant under his hand, appoint a fit and proper person to be “District Registrar of Land” of each such district.

It shall be lawful for the Governor, if he shall think fit, at any time to appoint a fit person to be the Deputy of any District Registrar to act in case of death, illness, or absence; 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 District Registrar.

In the event of the death of any District Registrar, his Deputy shall act from the day of such death until he shall receive under the hand of the successor of such District Registrar a certificate to the effect that he has entered on his duties. In case of the absence or illness of any District Registrar, his Deputy shall act from such time as he shall receive from the District Registrar a certificate under his hand to the effect that he is about to absent himself, or that he is unable from illness to perform his duties; and such Deputy shall cease to act from such time as he shall receive from the District Registrar a certificate under his hand to the effect that he resumes his duties: Provided that in the event of illness incapacitating the District Registrar from certifying his own inability to perform his duties, his Medical Attendant may so certify in his stead.

No District Registrar shall have power to act during such time as his Deputy shall be lawfully acting.

The Governor shall also from time to time appoint a sufficient number of clerks and messengers.

It shall be lawful for the Governor as he shall think fit, from time to time and at any time, to remove any person appointed to any office or employment under this Act.

Every Registrar General, District Registrar, and Deputy. District Registrar, appointed under this Act, shall take an oath before some person specially authorised by the Governor, (which oath such person is hereby authorised to administer,) faithfully and to the best of his ability to execute and perform the duties of his office.

Every District Registrar and Deputy District Registrar, and in case the Governor shall think fit, all or any of the clerks and subordinate officers to be appointed under this Act, shall give security for the due performance of the duties of his or their respective offices, in such manner and to such an amount as the Governor shall direct.

The Registrar General and each District Registrar shall have a seal for his office, of which judicial notice shall be taken, and every document purporting to be sealed with any such seal shall be admissible in evidence without further proof.

All Courts, Judges, and persons acting judicially, shall take judicial notice of the official signature of the Registrar-General, and of each District Registrar and Deputy District Registrar appointed under this Act.

The Registrar-General and every District Registrar and every person holding any office of emolument in his and their Departments, shall be subject to the provisions of “The Disqualification Act, 1858” in the same manner as if the said Departments had been included in the Schedule thereto.

Any person, and any corporation sole or aggregate, entitled absolutely for his or their own benefit to an estate in land in fee simple, at law and in equity, free from trusts and incumbrances, may apply to be registered as proprietor under this Act: Provided always that no transfer or charge of any land granted by the Crown many District after the commencement in such District of Registration under this Act shall be valid or effectual either at Law or in Equity unless the grantee or his heirs shall have been first registered under this Act as the proprietor of such land.

An application for Registration may be entertained where the applicant admits that the land in respect of which he applies is subject to any specified incumbrance or trust; and the notices given shall be modified accordingly by stating the existence of such incumbrances or trusts and that the rights of the incumbrancers or cestuique trusts will be reserved.

The following charges and interests shall not be deemed incumbrances within the meaning of this Act, that is to say:—

Rights of way, water courses, rights of water and other easements.

Leases or agreements for leases, for any term not exceeding seven years, in cases where there is an occupation under such leases or agreements;

And all land shall be deemed to be subject to such of the above charges and interests as may be for the time being subsisting thereon.

Applications for registration shall be made in duplicate in such form and manner as shall be from time to time prescribed by the rules hereinafter authorised to be made.

The applicant shall at the time of lodging his application deposit with the District Registrar all deeds and documents in his possession, or under his control, constituting or in any way affecting his title to the land, and also copies of the same, together with a list of the names of all persons (if any,) entitled to any estate or interest in the land, and also for the more easy identification of the land a plan thereof, shewing the extent, boundaries, and relative position thereof.

Upon receipt of the application the District Registrar shall transmit one of the duplicate copies of the application, together with the copies of the deeds and documents deposited relating thereto, to the Registrar-General, whose duty it shall be to examine such application, deeds, and documents, with a view to judge of the propriety of the District Registrar’s proceedings.

The District Registrar, upon being satisfied that there are grounds for proceeding in the matter of the application, shall give such notices, public and private, as shall be prescribed by the rules hereinafter authorised to be made in that behalf, and such other notices, if any, as he may consider to be necessary in each particular case.

The object of such notices shall be to point out the estate or interest which the applicant claims to have in the land, to call attention to the subject matter of the application, and to invite incumbrancers and others having any interest in the land, capable of being affected by registration, to come before the District Registrar at a time and place to be, fixed by such notices, and establish their right, with a view to having the same reserved, or of proving that the applicant is not entitled to the registration applied for.

The District Registrar shall at the time and place stated in the notice, or at any subsequent time and place, of which notice may be given by the District Registrar, hear any persons alleging that the applicant is not entitled, in respect of the land specified in his application, to be registered as proprietor under this Act, or is so entitled only, subject to certain conditions or with the reservation of certain rights, and the District Registrar may adjourn the hearing from time to time if he thinks fit.

The District Registrar, as soon as conveniently may be after the expiration of the time fixed by such notice as aforesaid, shall proceed to examine the title and the register of deeds kept under any Act for the time being in force for registering deeds, applicable to the land in question, (for which examination no fee shall be payable to the Registrar of Deeds,) and to consider any objections which may have been raised to the title of the applicant.

If upon such examination it shall clearly appear to the District Registrar, that the applicant is entitled to be registered under this Act as the proprietor of the land in respect of which he requires to be registered, the District Registrar shall enter the applicant on the Register as the proprietor thereof.

If on such examination there shall appear to be any doubt as to the validity of the applicant’s title, the District Registrar shall if he think fit, and the applicant desire to proceed, direct such steps to be taken, such notices given, and such acts done, and shall hear such persons as may appear to the District Registrar proper or necessary for investigating the title.

If upon such further investigation, the applicant’s title shall be clearly established as valid to the satisfaction of the District Registrar, he shall enter the applicant on the Register as proprietor of the land.

When any applicant has been registered as proprietor of any land, all such deeds and evidences of title deposited with the District Registrar as relate exclusively to the land and are of no avail, except for the purpose of substantiating the title to the land, shall be retained by the District Registrar.

All other deeds and evidences of title deposited with the District Registrar shall be returned to the parties entitled to the custody thereof; but previously to their being so returned, shall be stamped or otherwise marked in such manner as to give notice to any person inspecting such deeds or evidences of title that the land or a portion thereof has been placed upon the Register.

On the entry of the name of the proprietor upon the Register, the District Registrar shall deliver to him a certificate hereinafter called a “Land Certificate,” authenticated by the seal of his office and signed by the District Registrar, stating the name, place of abode, addition of such proprietor, and containing or having endorsed thereon a description of the land, together with a plan shewing the extent, boundaries, and relative position thereof in respect of which he is registered, and referring to the incumbrances, reservations, and other matters, if any, of which notice has been entered on the Register.

The Registry as proprietor of land of any person shall confer on the person so registered an indefeasible estate in fee simple subject to the incumbrances, reservations, and other matters, if any, entered on the Register, and hereafter included under the term incumbrances, and subject also to such charges and interests, if any, as are hereinbefore declared not to be incumbrances, but free from all other estates, incumbrances, and interests whatsoever, including estates, interests, and claims of Her Majesty, her Heirs and Successors.

When upon the first registration of any land, notice of any incumbrances affecting such land has been entered on the Register, the District Registrar shall, on proof of the discharge of such incumbrance, and subject to such Rules as shall be prescribed by the Governor in Council respecting the mode of proof, enter a memorandum of such discharge on the Register, and upon such entry being made, the incumbrance shall be deemed to be discharged.

When the registered proprietor of any land shall charge the same by way of mortgage or otherwise, the deed of charge shall be delivered to the District Registrar, who shall retain the same and shall enter on the Register the particulars of the charge and the name of the person in whose favour the charge is made as the proprietor of such charge.

Upon such entry being completed the District Registrar shall deliver to the proprietor of the charge a certificate of charge containing the particulars of the entry made on the Register.

Registered charges on the same land shall ta priority of all unregistered charges, and as between themselves shall rank according to the order in which they are entered on the Register, and not according to the order in which they are created.

The proprietor of a charge shall have all such remedies for the recovery of the moneys due to him in respect of such charge as shall be contained or implied in the deed or instrument creating the same.

The proprietor of a charge under a deed or instrument conferring a power of sale may, in exercise of such power, transfer the land or any part thereof in the same manner as if he were registered proprietor of such land; subject, nevertheless, to compliance with any prescribed conditions.

The District Registrar, on the deposit with him of the discharge of any charge, shall enter a memorandum thereof on the Register, and upon such entry being made, the land shall be thereby absolutely discharged.

A separate Register shall be kept of charges, on which alone transfers of charges shall be entered.

Whenever any registered proprietor of land or any charge shall transfer such land or any part thereof, or such charge, the transfer shall be delivered to the District Registrar and retained by him.

The District Registrar, previously to entering the name of the transferee on the Register, as proprietor of the land or charge, may require the verification of the transfer by affidavit or otherwise, as he may think fit.

Upon being satisfied of the authenticity of the transfer, the District Registrar shall enter the name of the transferee as proprietor of the land or charge therein comprised.

The transferor shall be deemed to remain the proprietor of the land or charge until the name of the transferee is entered on the Register in respect thereof.

Upon completion of the registry of the transferee the District Registrar shall deliver to him a fresh land certificate, or certificate of charge, staling, in the case of land, the incumbrances, if any, subsisting on the land. The District Registrar shall also in cases where part only of the land is sold, deliver to the transferor a fresh land certificate containing, or having endorsed thereon, a description of the land retained by him.

A transfer of land made for a valuable consideration shall, when registered, confer on the proprietor to whom the same is made an indefeasible estate in fee simple in the land transferred, subject to the incumbrances, if any, appearing on the Register, and subject also to such charges and interests, if any, as are hereinbefore declared not to be incumbrances, but free from all other estates, incumbrances, and interests whatsoever, including all estates, claims, and interests of Her Majesty, her Heirs, and Successors.

A transfer of land made without valuable consideration shall, when registered, confer on the proprietor to whom the same is made, an estate in fee simple in the land transferred, but subject as follows, that is to say, to the incumbrances, if any, appearing on the register, also, to such charges and interests, if any, as are hereinbefore declared not to be incumbrances, also to any unregistered estates, rights, or equities, subject to which the transferor held the same, but free from all other estates, incumbrances, and interests whatsoever, including all estates, claims and interests of Her Majesty, her Heirs, and Successors

On the death of the sole registered proprietor, or of the survivor of several joint registered proprietors, of any lands, such person shall be registered in the place of the deceased proprietor or proprietors, as may, on the application of any person interested in the land, be proved to the satisfaction of the Registrar-General, to be the proprietor of the land in his own right or to be a fit person capable of protecting and giving effect to the rights of ail parties interested, and for the like purpose such Inhibitions shall be registered as the Registrar-General shall think fit.

On the death of the sole registered proprietor or of the survivor of several joint registered proprietors, of any charge, the executor or administrator of such sole deceased proprietor, or of the survivor of such joint proprietors, shall be entitled to be registered in his place.

Any person registered as aforesaid otherwise than as a proprietor in his own right, or any Executor or Administrator when registered in the place of any deceased proprietor of any land or charge, shall hold the land or charge in respect of which he is registered in trust for the persons and purposes to which it is applicable by Law, but (subject to such Inhibitions as aforesaid) he shall for the purpose of any registered dealings with such land in favour of a purchaser for valuable consideration be deemed to be absolute proprietor thereof.

Upon the bankruptcy or insolvency of any registered proprietor of any land or charge, his assignees shall be entitled to be registered in his place.

The husband of any female proprietor of land shall be entitled to be registered as co-proprietor with his wife, but he shall be described on the Register as co-proprietor in right of his wife, and on his death the original registry of the wife with a change, if necessary, in the name shall revive and confer the same rights as if her husband had never been registered as co-proprietor with her.

Where land is registered is the joint names of husband and wife no registered dealings with such land shall take place until the wife has been examined by the District Registrar apart from her husband and has assented to such disposition, after full explanation of her rights on the land and the effect of the proposed disposition: Provided that in such case it shall not be necessary that the deed of transfer of such land be acknowledged as deeds by married women disposing of land are required by Law to be acknowledged.

The assignees of any bankrupt or insolvent proprietor shall hold the land or charge in respect of which they are Registered subject to the equities upon and subject to which the bankrupt or insolvent held the same, but they shall for the purposes of any registered dealings with such land in favor of a purchaser for valuable consideration be deemed to be absolute proprietors thereof.

The fact of any person having become entitled to any land or charge in consequence of the death or bankruptcy or insolvency of any registered proprietor or of the marriage of any female proprietor shall be proved in such manner as the General Rules hereinafter authorised to be made, or if such General Rules shall make no such provision, the Registrar-General may from time to time direct.

The registered proprietor alone shall be entitled to transfer or charge property by a registered disposition, but any person whether the registered proprietor or not having a sufficient estate or interest in or power over registered land may by any unregistered lease, settlement, will, or other instrument create the same demises, estates for life, estates tail, or other estates and interests as he might create if the land were not registered; and any lessee or other person entitled to or claiming any right in such estates or interests may protect the same from being impaired by any act of the registered owner by entering on the Register such notices, inhibitions, or other restrictions as are hereinafter mentioned, but subject thereto no purchaser for valuable consideration of any registered land or registered interest in land shall be affected by any notice express, implied, or constructive of an unregistered disposition.

Any lessee or other person entitled to or interested in a lease or agreement for a lease of registered land made subsequent to the last transfer of the land on the Register, where the term granted exceeds seven years, or where the occupation is not in accordance with such lease or agreement, may apply to the District Registrar to Register notice of such lease or agreement, and, when so registered, every registered proprietor of the land, and every person deriving title through him, excepting proprietors of charges registered prior to the registration of such notices, shall be deemed to be affected with the notice of such lease or agreement

In order to register notice of a lease or agreement for a lease, the applicant shall deposit the original, or a duplicate thereof, with the District Registrar, and the District Registrar shall make an entry thereof on the Register identifying the original or duplicate so deposited; and the original or duplicate so deposited shall be deemed to be the instrument of which notice is given.

Any person who shall, subsequent to the last transfer of the land on the Register, become interested under any lease, settlement, deed, will, contract for sale, or other unregistered instrument, or by devolution in Law, or as a judgment creditor, or otherwise howsoever in any land or charge registered in the name of any other party, may by inhibition prevent any dealing with the land by the registered proprietor to the prejudice of the person so interested, but not further or otherwise.

In order to register such inhibition the applicant shall deposit the same in a form to be from time to time prescribed by the Registrar General, accompanied by the original written instrument, if there be one, or a copy thereof, and if there be no such instrument, then by a memorial or other document setting forth the nature of the interest with full particulars thereof, authenticated in such manner as the District Registrar shall require, and thereupon the District Registrar shall make an entry in the register of the land or charge identifying the inhibition so deposited.

Before such entry is cancelled, no dealing with such land or charge by the registered proprietor shall be had which may in any way prejudicially affect the rights or interests of any person so interested as aforesaid, unless such dealing be authorised by other power than that conferred by the registered proprietor alone.

When two or more inhibitions are lodged with respect to the same land, or to the same charge, the parties interested thereunder shall, as between themselves, have priority according to the dates at which their inhibitions are lodged, and not according to the dates of the creation of the claims in respect of which such inhibitions have been lodged.

Any Inhibition shall be cancelled by the District Registrar with the consent of all the persons interested for the time being therein, or upon its being shown to his satisfaction by the applicant that the interests of such persons have ceased, or that their interests are not such in respect of which equity would prevent a sale or charge of the land in question by the registered proprietor thereof, or any transfer or charge of such registered proprietorship which may at the time be proposed to be made.

If any person shall lodge an Inhibition without reasonable cause he shall be liable to make to any person who may have sustained damage by the lodging of such Inhibition such compensation as may be just, and such compensation shall be recoverable as damages in an action at Law by the person who has sustained damage from the person who lodged the Inhibition.

When in any proceeding under this Act with respect to any land it shall appear to the District Registrar that the land is subject to uncertain or doubtful claims, or subject to any uncertain or doubtful incumbrances, he may, with the approval in writing of the Registrar-General, (upon such amount of money being paid as hereinafter mentioned or secured to the satisfaction of the Registrar-General as will in the opinion of the Registrar General be sufficient compensation for such claims or incumbrances and for all costs, charges and expenses, that may be incurred by the claimants or incumbrancers in recovering the monies due to them) act in respect of such land without reference to such claims and incumbrances.

Any money payable in respect of such compensation shall be paid to the Colonial Treasurer to be carried by him to a separate account to the credit of such matter as the Registrar-General shall direct, and a Judge of the Supreme Court may direct such money to be invested as he may think fit on an application being made to him, by any parties interested in such monies, for the investment thereof.

The Supreme Court shall determine the rights and priorities of any claimants or incumbrancers entitled to, or interested in any monies so paid to the Colonial Treasurer under this Act, and shall distribute the monies among such persons in accordance with such rights and priorities, rendering the surplus if any, to the parties entitled thereto, their executors, administrators, or assigns.

Subject to such rules and regulations as may be imposed, and to the payment of such fees as may be fixed, any person registered as proprietor of any land or charge, and any person authorised by any such proprietor, or any person having an interest in any such land or charge, may inspect and make copies of and extracts from any Register or document in the custody of the District Registrar relating to such land or charge.

The District Registrar shall, on the request of the registered proprietor of any land or charge, or of any person authorised by him, certify in writing under his hand and under the seal of his office, the state of the title of such registered proprietor, specifying the name of such proprietor and the charges, inhibitions and other matters, if any, appearing on the Register and relating to such land or charge.

It shall be lawful for the Governor in Council from time to time to make Rules, Orders, and Regulations for the following purposes:—

For making, authenticating and preserving Maps and Surveys for the purpose of Registration under this Act.

For regulating the procedure of the Registrar-General’s and District Registrars’ Offices,

For establishing Forms, Books, Records, and Indices requisite for the purpose aforesaid.

And generally for the regulation of all matters relating to Registration under this Act (except the matters in reference to which Rules and Orders are hereby authorised to be made by the Judges of the Supreme Court);

And from time to time to rescind, add to, amend, or alter the same.

All such Rules, Orders, and Regulations, being published in the Government Gazette, shall have the effect of Law.

The Registrar-General may from time to time make regulations for the correction of errors and supplying of omissions in entries made in Registers under this Act, and any such regulations may vary, alter or revoke.

The Registrar-General shall cause to be printed and promulgated as he sees occasion, forms of application and directions indicating the particulars of the information to be furnished to the Registrar when any application is made to him under this Act, and also forms of transfer, charges, and other instruments, and such other forms and directions as he may deem requisite or expedient for facilitating proceedings under this Act.

It shall be lawful for the Registrar-General and for the District Registrar of any District, subject to the approval of the Registrar-General, to prescribe such regulations as they may from time to time deem necessary for the orderly transaction of the business of their respective offices.

The fees to be taken under this Act shall be fixed, varied, and abolished from time to time as the Governor in Council shall direct and appoint: Provided always that all fees shall be prepaid.

All fees received by the Registrar-General under this Act shall be paid over to the Colonial Treasurer for the use of Her Majesty for the public uses of the Colony.

All fees received by District Registrars shall be deemed to be Ordinary Revenue within the meaning of “The Ordinary Revenue Act, 1858,” and the offices of District Registrars be deemed to be included in the schedule to “The Surplus Revenues’ Act, 1858.”

Upon the first registration of any land under this Act, except the applicant be the immediate grantee of such land from the Crown, there shall be paid to the District Registrar the sum of ohe halfpenny in the one pound sterling, and on every subsequent registration the sum of one farthing in the pound sterling, on the value of such land; such value to be ascertained in such manner as the Registrar-General, from time to time by any general order (which he is hereby authorised to make), shall direct.

All sums so received shall be paid over to the Colonial Treasurer, and shall be by him carried to a separate account, to be called “The Land Assurance Fund Account;” and shall be invested from time to time in such securities as he may deem eligible.

If any person, in consequence of the omission, mistake, or misfeasance of any officer of the Register Office, shall lose or be deprived of any estate, charge, incumbrance, right, or interest, he shall be entitled to recover the estimated value of the same at the time the act, matter, or thing was done, or happened, whereby such loss or deprivation was occasioned.

In any action for damage or loss occasioned by any such omission, mistake, or misfeasance, the plaintiff shall be entitled to recover the amount of damage or loss actually sustained, and no more.

Every such action as aforesaid shall be brought against the Registrar-General as the nominal defendant, and no other person, within ten years after the act, matter, or thing occasioning such loss, deprivation, or damage shall have been done or happened, and not afterwards: Provided always that notice of every such action, and of the cause thereof, shall be served upon the Attorney-General of the Colony, and upon the Registrar-General, one calendar month at least before the commencement of such action.

It shall be lawful for the Registrar-General, with the consent of the Attorney-General and the Colonial Treasurer, to compromise with any person claiming a right of action as aforesaid.

The Registrar-General, on behalf of Her Majesty, shall be entitled as nominal plaintiff to sue any person whatever, and recover damages on account of any wilful misfeasance, whereby any loss or damage has been sustained by reason of any compensation paid under this Act, and all sums of money received by the Registrar-General as such nominal plaintiff shall be paid to the Colonial Treasurer, and by him placed to the credit of the “Assurance Fund.”

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 Supreme Court.

An Act of the General Assembly of New Zealand, intituled “The Crown Costs Act, 1858,” shall apply to all actions under this Act, and all costs received by the Registrar-General shall be paid to the Colonial Treasurer, and by him be placed to the credit of the “Assurance Fund.”

The Registrar-General, as nominal plaintiff or defendant under this Act, shall not be liable in person or property upon any judgment recovered, nor shall any writ of execution whatever issue thereon, but all damages and costs recovered against the Registrar-General, and all costs incurred by him, and all sums paid by way of compromise as aforesaid, shall be paid by the Colonial Treasurer out of the “Assurance Fund,” and, if such fund be insufficient for such purpose, then out of the Ordinary Revenue of the Colony.

The following rules shall be observed with respect to Registry:—

No notice of any trust implied, express, or constructive shall be receivable by the District Registrar, or entered on the Register.

Upon the occasion of the Registry of two or more persons as proprietors of the same land, or of the same charge, an entry may with their Consent, certified as the Registrar shall require, be made on the Register to the effect that, when the number of such proprietors is reduced below a certain specified number, no registered disposition of such land or charge shall be made, except with the sanction of a Judge of the Supreme Court.

A Judge of the Supreme Court may upon the application of any registered proprietor for the time being, or of any person beneficially interested in the land, or charge, cause a transfer of the land to be made to any new proprietor or proprietors, solely, or jointly with, or in the place of, any existing proprietor, or make such order in the premises as such Judge thinks just.

The District Registrar may from time to time, until any application is finally disposed of, require any proofs he may think fit in support of, or opposition to, any application made to him under this Act.

Evidence required by the District Registrar may be given on Oath, either vivâ voce or in writing by affidavit or otherwise, as he shall think fit.

The Registrar-General and every District Registrar, Deputy District Registrar, Solicitor of the Supreme Court, and Justice of the Peace, are hereby authorised to administer Oaths for the purposes of this Act.

Every entry on the Register of any person as proprietor of any land or charge shall be deemed to have been duly made, and shall not be set aside by reason of any informality, error, or omission whatever, except as is hereinafter provided to the contrary by sections 117, 118, or 119 of this Act.

It shall be lawful for the District Registrar, (subject to any regulations to be made under this Act), upon such evidence as to him may appear sufficient to correct errors in entries and supply entries omitted, but he shall not render illegible an original entry, and shall specify in the margin the day and hour of each correction made or omission supplied.

Every correction so made shall be as effectual as if made at the same time as the original entry, and every omitted entry so supplied shall be as effectual as if made at the time when the same ought to have been made, but not so as to invalidate any act done previously to the actual time of the correction, or supplying of the omission.

Every land certificate and every certificate of charge shall be primâ facie evidence of the entry made on the Register in respect of the matter mentioned in such certificate.

If any land certificate or certificate of charge is lost, mislaid, or destroyed, the District Registrar may, on being satisfied of the fact, grant a new certificate in the place of the former one.

The District Registrar may, upon the delivery up to him of a land certificate, or certificate of charge, grant a new certificate in the place of the one so delivered up.

No official person, acting under the authority of this Act, shall he individually liable to any action, suit, or proceeding, for or in respect of any act, or matter bonâ fide done, or omitted to be done, in the exercise, or supposed exercise of the powers of this Act.

Where a suit is instituted for specific performance of a contract, relating to registered land, or a registered charge, the Court having cognizance of such suit, may by summons, or by such other mode as it deems expedient, cause all, or any of the parties, who have registered interests in such land, or have entered up notices of leases, or agreements for leases or inhibitions against such land, to appear in such suit, and show cause why such contract should not be specifically performed; and any order made by the Court in such suit shall be binding on all parties who shall be, by such order, declared to be hound.

The District Registrar, if he shall think fit, may, and if requested in writing by the applicant, shall refer any case, or any question arising thereout at any time, to the Registrar-General for his opinion; and the decision of the District Registrar on such application or question shall be in conformity with the opinion of the Registrar-General, certified under his hand.

If any applicant shall be dissatisfied with any decision of the District Registrar, whether the opinion of the Registrar-General shall have been taken on the matter or not, it shall he lawful for such applicant to require the Registrar-General or District Registrar to set forth in writing the grounds of such decision.

The applicant may appeal against the decision of the District Registrar to a Judge of the Supreme Court in a summary way, by whom the matter shall be heard and determined, and who shall make such orders interlocutory and final as he may think fit; and the District Registrar, upon being served with such order, or an official copy thereof, shall obey the same.

The Judges of the Supreme Court may from time to time make, vary, and abolish rules and regulations touching such appeals.

Provided always if at any time it shall appear to the Judge that there is in dispute a question of fact of sufficient importance, he may, before making any final order in the case, direct an issue to be tried to determine such fact, and such issue shall be in such form, and subject to such terms, and shall be tried at such time and place as such Judge may direct.

Whenever in any proceeding under this Act there arises any question of Law or fact, which in the opinion of the Registrar-General cannot be properly disposed of by the District Registrar, the Registrar-General may, if such a question is one of Law, direct a case to be stated for the opinion of the Supreme Court, or if such question is one of fact, an issue to be tried before a Judge of the Supreme Court, and a Special or Common Jury, for the purpose of determining such question of Law or fact. The Registrar-General may also name the parties to such case or issue, and the manner in which the proceedings in relation thereto are to be brought before the Court or Jury to which such case or issue is referred.

The opinion of the Supreme Court shall be conclusive on all the parties to such case, unless the Court authorises an appeal to be had, and the same is duly prosecuted accordingly, and the decision of any Jury to whom any issue of fact is referred, shall be conclusive on all persons whatsoever, unless the Supreme Court grants a new trial.

In cases where infants, incapable persons, or persons yet unborn are or may be interested in the land, in respect of the title to which any question of law or fact arises as aforesaid, any parties interested in such land may apply to a Judge of the Supreme Court in Chambers for a direction that the opinion of the Supreme Court to whom any question is referred under this Act upon any question so referred shall be conclusively binding on all parties interested in such land.

The Judge in Chambers shall hear the allegations of all the parties appearing before him: He may disapprove altogether, or may approve, either with or without modification, of the directions of the Registrar-General in respect of any case to be tried as to the title to land: He may also appoint a guardian or other person to appear on behalf of any infants, or incapable, or unborn persons.

If such Judge is satisfied that the interests of such infants or incapable or unborn persons will be sufficiently represented in any case so about to be tried, he shall make an order declaring that all or some of such parties shall be conclusively bound; and thereupon the parties in that behalf named in the order shall be conclusively bound by any decision to the same extent as if they had been parties to the case.

The Supreme Court shall exercise generally jurisdiction over the Registrar-General, District Registrar, and other officers and persons appointed under this Act, as over Courts, Offices; and Officers of inferior jurisdiction, and shall have power to make such orders and decrees, applicable to particular cases only, as shall in the judgment of such Supreme Court appear requisite for effectuating the provisions of this Act, for enforcing the execution of their respective duties by the Registrar-General, District Registrar, and the said other officers and persons respectively, and for preserving and giving effect to the rights of parties affected by this Act, all which orders and decrees the Registrar-General, District Registrar, and the said other officers and persons respectively shall obey and give effect to.

Any person having, or claiming, any estate or interest in land, or in any charge thereon affected, or which may be affected by this Act, may apply for relief in a summary way, by Petition to the Supreme Court, and the Supreme Court may, in a summary way, hear such Petition, either with or without notice to parties interested, and may make and direct such enquiries, and the institution of such proceedings as to it shall seem fit, and may by any decree or order upon such petition declare the rights of such parties, and may make such orders and decrees, as shall appear requisite, for giving effect to such rights, so far as the same shall not expressly conflict with the provisions of this Act, all which orders and decrees the Registrar-General and District Registrars, respectively, shall obey and give effect to.

The Judges of 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, and such rules and orders, rescissions, alterations, and additions being published in the Government Gazette, shall have the effect of law.

All costs, charges, and expenses incurred by any District Registrar in or about any proceedings before the Supreme Court, or a Judge thereof, shall be paid by the applicant; and all other costs, charges, and expenses shall be in the discretion of the Judge, Registrar-General, or District Registrar respectively, before whom the same are incurred, regard being had to the fact that every applicant under this Act is liable primâ facie to pay all costs, charges, and expenses incurred by or in consequence of his application, except in cases where parties appear whose rights are sufficiently secured without their appearance, or where costs, charges, or expenses are unnecessarily or improperly incurred.

The amount of costs to be paid by any party in respect of any proceedings before the Registrar-General or any District Registrar, shall be fixed by him, and an order for payment of the same made by the Registrar-General or District Registrar respectively, may be enforced in the same manner as an order made for payment of costs by a Justice of the Peace: at any time during the proceedings on any application, the applicant may be required by the Registrar-General or District Registrar to give security for payment of costs and expenses, as he may think fit.

Every person who, upon examination before any person authorised under this Act to take evidence, wilfully gives false evidence, and every person who wilfully swears falsely in any affidavit authorised under this Act to be made, shall be liable to the pains and penalties of Perjury.

If in the course of any proceedings under this Act before the Supreme Court, or the Registrar-General, or any District Registrar, any person intervening in such proceedings as Principal or Agent shall, with intent to conceal from the Supreme Court, or the Registrar-General, or any District Registrar respectively, the title or claim of any person, other than the applicant, to any land the subject of such proceedings, suppress, assist in suppressing, or be privy to the suppression of, any document in his possession, or fact within his knowledge, the person so suppressing, assisting in suppressing, or privy to suppression, shall be guilty of a misdemeanour; and any act done in reference to the land the subject of such proceedings, shall be void as against all persons guilty of any such misdemeanour.

If in the course of any proceedings under this Act before the Supreme Court, or the Registrar-General, or any District Registrar, any person intervening in such proceedings fraudulently alters, assists in fraudulently altering, or is privy to the fradulent alteration of, any deed, will, certificate, or other document relating to any land the subject of such proceedings, or gives, assists in giving, or is privy to the giving, of any false information to the Supreme Court, the Registrar-General, or any District Registrar in respect of such land, knowing the same to be false, such person shall be guilty of a misdemeanour; and any act done in reference to the land, the subject of such proceedings, shall be void as against all persons guilty of any such misdemeanour.

If any person fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of any order of the Supreme Court in relation to registered land, or fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of the entry on the Register of any notice of lease or inhibition, or of the erasure from the Register or alteration on the Register of any notice of lease or inhibition, such person shall be guilty of a misdemeanour; and any order procured by fraud, and any act consequent on such order, and any entry, erasure, or alteration so made by fraud, shall be void as between all parties or privies to such fraud.

If any District Registrar, or the Deputy of any District Registrar, shall fraudulently make or cause to be made any false entry on the Register of his District, or shall fraudulently omit to make any entry on such Register which by this Act he is authorised or required to make, or shall fraudulently alter, suppress, erase, obliterate, or destroy any entry on or from such Register, such Registrar or District Registrar shall be guilty of a misdemeanour.

Every person guilty of a Misdemeanour under this Act shall upon conviction be liable, at the discretion of the Court by which he is convicted, to be kept in penal servitude for a term not exceeding three years, or to be imprisoned for a term not exceeding two years, with or without hard labour, or to be fined such sum as the Court may award.

No proceeding or conviction for any act hereby declared to be a Misdemeanour shall affect any remedy which any person aggrieved by such act may be entitled to either at Law or in Equity against the person who has committed such act.

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 the office of Registrar-General or of any District Registrar, or the name, signature, or handwriting of any officer of any Register Office in cases where such officer is by this Act expressly or impliedly authorised to affix his signature.

Stamps, or procures to be stamped, or assists in stamping any document with any forged Seal of the Registrar-General’s or District Registrar’s Office.

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 authorised to be signed by such person.

Uses with an intent to defraud any person whomsoever any document upon which any impression or part of the impression of any Seal of the Registrar-General’s or District Registrar’s Office 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.

Any person convicted of Felony under this Act shall be liable at the discretion of the Court by which he is convicted to Penal Servitude for the term of his life, or any term not less than three years, or to imprisonment for any term not exceeding two years, with or without hard labour.

Nothing in this Act contained shall entitle any person to refuse to make a complete discovery in the Supreme Court, or to answer any question or interrogatory in any civil proceeding in any Court of Law or Equity, or in any Court of Bankruptcy or Insolvency; but no such discovery, question or interrogatory, shall be admissible in evidence against such person in any criminal proceeding under this Act.