Statutes of New Zealand.

New Zealander, Volume XVII, Issue 1551, 27 February 1861, Page 6

Statutes o f New Zealand.

ACTS PASSED BY THE GENERAL ASSEMBLY, 1860. No. 24. An Act to explain Section 16 of the “ New Provinces Act, 1858.” [2nd November, 1860.] Whereas by Section 16 of the “ New Provinces Act 1858,” it was enacted as follows, viz.:—“ Upon the establishment of any Province under this Act, all estate and interest of the Superintendent of any Province of which such New Province shall have formed a part, in any lands theretofore granted to tbe Superintendent of such original Province, under the Act of Assembly intituled “ The Public Reserves Act, 1854,” shall forthwith vest in the Superintendent of such New Province, and shall be deemed and taken to have been granted to him and his Successors under the provisions of the said “ Public Reserves Act, 1854;” And whereas such enactment requires explanation : Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows ; 1. The Short Title of this Act shall be “ The New Provinces Act, 1858, Amendment Act, 1860.’’ 2. Section 16 of “The New Provinces Act, 1858,” shall be construed and shall operate and be deemed to have operated only as if the words “ within the limits of such New Province” had been inserted in the said Section immediately after the words” in any Lands” in the said Section.

No. 25. An Act to apportion the public debt of the former Province of Nelson between the Provinces of Nelson and Marlborough. ['ind November, 1860.] Whereas the public debt or loan specified in the Schedule to this Act was lawfully incurred or contracted for by the Provincial Government of the Province of Nelson, during tbe time such Province comprised the whole of the Territory now constituting the several Provinces of Nelson and Marlborough; and whereas the division of the said Territory and the erection of a portion thereof in to the separate Province of Marlborough have rendered it necessary that the said public debt should be apportioned between tbe said Provinces ; and whereas it is expedient that the said apportionment should be made by arbitration as hereinafter provided ;

Be it therefore enacted by the General Assembly of New Zealand, in parliament assembled, and by the authority of tbe same, as follows ;

1. The Short Title of this Act shall be “ The Nelson and Marlborough Public Debt Apportionment Act, 1860.”

2. "Within 90 days after the passing of this Act, the Superintendent of each of the Provinces of Nelson and Marlborough shall, by writing under his hand delivered or forwarded by the Post to the Colonial Secretary, appoint an Arbitrator willing to act, and in default of such appointment being made by either of the said Superintendents, the Governor of the Colony in lieu of the Superintendent so making default, shall appoint an Arbitrator, or if both such Superintendents shall make default, then the Governor shall appoint two Arbitrators, 3. The Arbitrators shall appoint an Umpire by writing under their hands before they enter on the Arbitration, and if they shall fail to do so the Governor shall, by writing under his hand, appoint an Umpire. 4. It is by this Act referred to the said Arbitrators by their award to apportion between the said Provinces of Nelson and Marlborough the principal of the said debt specified in the said Schedule to this Act. 5. If the said Arbitrators shall not make and deliver or forward their award as hereinafter provided, within eight months after the passing of this Act, the matter hereinbefore referred to them shall be determined by the said Umpire alone, who shall make and deliver or forward hia award or umpirage in writing within twelve months after the passing of this Act. 6. The Umpire may make bis award or umpirage upon hearing the Arbitrators, without rehearing any evidence taken by the Arbitrators: Provided that in bis judgment the notes of evidence taken by the Arbitrators, or their statement of facts, be sufficient to enable him to do so. 7. In the determination of the matter referred to them the Arbitrators or Umpire shall be guided by equity and good conscience upon consideration of all the circumstances which shall come, or be laid, before them.

8. The award of the Arbitrators or Umpire as the case may be shall be, final and conclusive, ami shall be delivered or forwarded by the Post to the Governor, and shall be deposited and kept as a record in the Office of the Colonial Secretary. 9. Evidence may be given on Oath before the Arbitrators and Umpire, and they or he may administer Oaths to Witnesses.

10. The Arbitrators and Umpire may issue summonses to Witnesses to attend, either with or without a clause requiring the production of books, deeds, papers, and writings in their possession or under their control.

11. Every pcrsou wljo shall have been personally served with any such summons, and who shall without sufficient cause refuse or neglect to appear, or to produce any books, deeds, papers and writing required by such summons to be produced, and also every person present before such Arbitrator or Umpire who shall be required to give evidence and who shall refuse to be sworn and give evidence, shall forfeit and pay any sum not exceeding £SO, as the Arbitrator or Umpire respectively shall fix. 12. The payment of any fine so imposed may be enforced upon the order of the Arbitrators or Umpire respectively, in like manter as the payment of money is enforced upon an order of a Justice of the Peace. 13. It shall be lawful for the Arbitrators and Umpire respectively, by an order in writing, to allow any Witness his reasonable expenses; and upon production of such order the amount therein fixed shall be paid by the Colonial Treasurer.

14. All necessary expenses incurred in and about the arbitration, umpirage and award, shall be paid by the Colonial Treasurer, and one-half thereof charged tothe separate account of the Province of Nelson, and the other half to the separate account of the Province of Marlborough, and shall be recovered accordingly. 15. The apportionment of the said debt under this Act shall take affect as on and from the first day of November 1859, and the respective contributions of the said two Provinces to the principal and interest of the said debt shall be adjusted accordingly. 16. All interest chargeable under this Act against the Province of Marlborough, shall be paid by the Colonial Treasurer, cu account of the said Province into the Provincial Treasury of the Province of Nelson halfyearly, and such payments being duly made, the Province of Marlborough shall be indemnified by the Province of Nelson against all further liability on account of the interest on the said debt, for the periods in respect of which such payments respectively shall have been made.

17. The payments so made by the Colonial Treasurer on account of the Province of Marlborough shall be charged by him to the separate account of the said Province, and it shall be lawful for the Colonial Treasurer, out of any moneys io bis hands payable into the Treasury of the said Province, from time to time to retain and provide a sufficient and reasonable amount to enable him to meet such payments as and when the same become due, or having made such payments, to recover and repay the same out of any such moneys as aforesaid thereafter coming to his hands. 18, Nothing in this Act contained shall be deemed or construed to effect or interfere with the operation of “The New Zealand Loan Act, 1856 ”

19. The apportionment of the said debt specified in the said Schedule to this Act, between the said Provinces ol Nelson and Marlborough, shall in no way effect or interfere with the security for the said debt created by tbe Act of the Superintendent and Provincial Council of Nelson, Sess. 5, No. 1, but the said security shall Lave the same force and effect as regards tbe holders of Debentures issued under the authority of the said Act as if the Province of Marlborough had continued to form a portion of the said Province of Nelson, and the “New Provinces Act, 1858,” and this Act, had not been passed.

SCHEDULE. The sum of T29,0U0 authorised to be raised by an Ordinance of the Superintendent and Provincial Council of the Province of Nelson (Session 5, No. 1) intituled “An Act to authorise the Superintendent of the Province of Nelson to raise a Loan not exceeding twentynine thousand pounds by the issue of Debentures."

No. 26. An Act to provide compensation in land /or certain persons named in the “ Compensation in Land Ac/, 1858, of the Provincial Council oj Nelson, on account of damaqes arising from breach of Contract bp the New Lealund Company, [ 2nd November, 18G0.J

Wheueas by a hill pissed by the Provincial Council of Nelson, intituled “ An Act to authorize the Superintendent to purchase Crown Lauds for certain persons as compensation for damages sustained by them by reason of the non-fulfilment o( certain contracts made by the Now Zealand Company,’’it was enacted that it should h- lawful for the Superintendent to purchase out of the Public Revenues of the Province, for and in the name of each of the several persons whose names are inserted in the Schedules to tb* said Bill annexed, Waste Land

of tbe Crown in the Province of Neleon, to the valu e of tbe sums specified in the Schedules wherein such names are included respectively, as compensation for all damages sustained by such persons in consequence of tbe non-fulfilment of the contracts aforesaid ; And whereas the assent of the Governor was withhold from the aforesaid Bill:

And whereas it is just that such of the said persons as have valid claims as aforesaid should receive compensation in land in respect o( tbe same out of the Crown Lands of tbe Provinces of Nelson and Alarlborougb: Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows : 1. The Short Title of this Act shall be “The Land for compensation (Nelson and Marlboroughj Act. 1860.” b J *

2. It shall be lawful for tbe Governor to appoint a Commissioner or Commissioners, not exceeding three in number, to investigate and report upon tbe validity of the claims of the persons aforesaid, and every Commissioner so appointed shall have power to summon all necessary witnesses, and to examine them on oath on all matters touching tbe claims aforesaid ; Provided always that no such investigation as aforesaid shall take place with respect to the claims of any such persons to compensation in Land within the Province of Marlborough, until the assent of tbe Provincial-Council and Supenntendent thereof, to such investigation and compensation as provided by this Act, shall Lave been signified to the Governor; nor shall any such compensa'ion as aforesaid be made in respect of tbe claim ot any such person within either of the Provinces of Nelson or Marlborough, until the assent of the Provincial Council and .Superintendent of the Province in which such compensation is nroposed to be granted shall have been signified to the Report of the Commissioner or Commissionersawarding thesame : Provided also that it shall not be lawful for the Commissioner or Commissioners to entertain the claim of any person, his heirs, or assigns, to compensation under this Act, unless the name of such person is contained in one of the Schedules annexed to the said Bill passed by the Provincial Council of Nelson, intituled “ An Act to authorize the Supctintendenc to purchase Crown Lands for certain persons as compensation for damages sustained by reason of the non-fulfilment of certain contracts made by the New Zealand Company.” 3. When the Commissioner or Commissioners shall have reported to the Governor that any one of the said persons was, at the time of the passing of the said Bill, entitled to compensation, it shall be lawful for the Governor to make a free grant to such person, his heirs, or assigns, of a parcel of land out of the Crown Lands of tbe Province, either of Nelson or Marlborough aforesaid, within the territory comprised in which such person was at the passing of the said Bill habitually resident : Provided always that the land to be included in any such Grant shall in no case exceed in value the amount specified in the Schedule annexed to the aforesaid Bill of the Provincial Council of Nelson in which the name of such person is contained.

4. All such lands shall be taken by the persons aforesaid as compensation for all losses or damages sustained by them in consequence of the non-fulfilment by the New Zealand Company of their contracts and on the terms and conditions (except the single one of payment of the purchase money) upon which Crown Lands are sold in the Provinces aforesaid, under the regulations for the sale and disposal of the Waste Lands of the Crown in force within the said Provinces respectively at the time ot the coming into operation of this Act : Provided always that no land shall be granted under the authority hereof which is effected by any contract of the Crown, nor alter the expiration of two vears Irom the coming into operation hereof. 5. This Act shall not come into operation until Her Majesty’s pleasure shall have been taken thereon, and the same shall have been confirmed by Her Majesty with the advice of her Privy Council, and a Proclamation of such confirmation having been given shall have been made by the Governor or person administering the Government of New Zealand.

No. 27. An Act to Simplify the Law relating to the Transfer of Landed Property in New Zealand. [2nd November, 1800.] WnttUEAS it is desirable to facilitate the transfer of property in Laud by means of a Registry of the Title thereto:

Be it therefore enacted by the General Assembly of New Zealand, in parliament assembled, and by the authority of the same, as follows :

1. PRELIMINARY

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

2. 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 bis hand, to be published in the New Zealand Gazette, after Rules and Forms to be made and promulgated under Sections?! 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. 2.—establishment of reuistek office. 3. There shall be established within the Colony an office to be called the “ Land Register Office,’’ for the purpose of registering the proprietorship ol land, and for transfering the same by registration, 4. 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. 5. 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. 6. 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.

7. it shall be lawful for the Governor, if he shall think fit, at anytime 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 lie shall ao act, shall have all the powers and privileges, and perform all the duties, and be subject to all the responsibilities, of the District Registrar. 8. 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 cn his duties. In case of the absence or illness of any District Registrar, bis 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 toad from such time as he shall receive from the District Registrar a certificate under his band to the effect that he resumes bis duties ; Provided that in the event of illness incapacitating the District Registrar from certifying bis own inability to perform his duties, his Medical Attendant may so certify in his stead. 9. No Distiict Registrar shall have power to act during such time as his Deputy shall be lawfully acting.

10. The Governor shall also from lime to time appoint a sufficient number of clerks and messengers. 11. It shall be lawful for the Governor, as ho shall think fit, from lime to time, and at any time, to remove any person appointed to any office or employment under this Act.

12. 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 audio the best of bis ability to execute and perform the duties of his office.

13. Every District Registrar and Deputy District Registrar, and in case the Governor shall think fit, all or any of tbe dorks and subordinate officers, to he 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.

14. 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. 16. 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.

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

B. I'EKSONS ENTITLrD TO UEGISTKATION.

17. 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 in any District alter the commencement in such District of registration under this Act, shall be valid or effectual thirer at law or in equity, unices

tbe grantee or his heirs shall have been first registered under this Act as the proprietor of such land. 18. An application for registration may bo entertained were the applicant admits that tbe land in respect ot which he applies is subject to any specified incumbrance or trust, and the notices given shall be modified accordingly by slating the existence of such incumbrances or trusts, and that tbe rights of the incumbrancers or cestuique trusts will be reserved. 19. The following charges and interests shall not be deemed incumbrances within the meaning of this Act, that is to say : 1. Rights of way, water courses, rights of water, and other easements. 2. 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, 4. MuDB OF REGISTRATION. ZO. Application for registration shall be made in duplicate in such form and manner as shall be from time to time prescribed by tbe rules hereinafter authorised to be made.

2t. The applicant shall at tbe time of lodging his application deposit with the District Registrar all deeds and documents in his possession, or under bis control constituting or in any way affecting his title to tbe land, and also copies of 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 tbe land a plan thereof, shewing the extent, boundaries, and relative position thereof. 22. Upon receipt of the application tbe District Registrar shall transmit one of tbe duplicate copies of of the application, together with the copies of the deeds and documents deposited relating thereto, to tbe 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.

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

24. 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 (o the subject matter of the application, and to invite incumbrancers and others having any interest in the laud, 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 10 having the same reserved, or of proving that the applicant is not entitled to the registration applied for. 25. The District Registrar shall, at the lime and place elated in the notice, or at any subsequent time and place, of which notice mav be given by the District Registrar, bear any persons alleging that the applicant is not entitled, in respect of the land specified in his application, to be registered as proprieior 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.

20. Tbe 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 ol Deeds,) and to consider any objections which may have been raised to tbe title of the applicant. 27. If upon such examination it shall clearly appear to tbe District Registrar that tbe applicant is en» titled to bo registered under this Act as the proprietor of the land in respect of which he requires to he registered, tbe District Registrar shall enter tbe applicant on the Registrar as tbe proprietor thereof. 28. If on such examination there shall appear to be any doubt as to tbe validity of the applicant’s title, tbe District Registrar shall, if be think fit, and tbe applicant desire to proceed, direct such steps to be taken, such notices given, and such acts done, and shall bear such persons as may appear to the District Registrar proper or necessary for investigating the title.

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

30. When »ny 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 bo reiained by the District Registrar, 31. All oilier deeds and evidences of title deposited with the District Registrar shall be returned to tbe 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. 5. LAND CERTIFICATES. 52. On the entry of tbe name of the proprietor upon the Register, tbe 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 tbe 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, boundaiies, 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. 6. REGISTERED PROPRIETORS’ ESTATE. 33. 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 bereafier included under the term incumbrances, and subject also to such charges and intcrc-ls, 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. ,34. When upon the first registration of any land, notice of any jncutr.brancea affecting such land has been entered on tbe Register, tbe 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, 7. INCUMBRANCES. 35. 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 tbe same, and shall enter on (he Register the particulars of tbe charge, and the name of the person in whose favour the charge is made as the proprietor of such charge. 3(i. Upon such entry being completed the District Registrar shall deliver to the proprietor of the charge a certificate of charge containing tbe particulars of the entry made on the Register, 37. Registered charges on the same land shall take 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.

38, 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 he contained or implied in the deed or instrument creating the same. 33. 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 us if he were registered proprietor of such land ; subject, nevertheless, to compliance with any prescribed conditions. 40. 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.

B.—TIUNSPEU OF LAND AND CHANGES. 41. A separate Register shall he kept of charges, on which alone transfers of charges shall be entered. 42. Whenever any registered proprietor of land or anv charge shall transfer such land or any part thereof, or such charge, the transfer shall he delivered to the District Registrar and retained by him. 43. The District Registrar, previously to entering the name of the transfereeon the Register, as proprietor o fthe land or charge, may require the verification ol the transfer by affidavit or otherwise, as he may think tit.

44. Upon being satisfied of the authenticity of the transfer, the District Registrar shall outer the name ot the transferee as proprietor of the land or charge therein comprised, 45. 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, 46. Upon completion of the registry of the transferee the District Rtgsnar si all deliver to him a fresh laid ceititicate, or rerlificate of charge, elating, in the car#

of land, the incumbrances, if any, subsisting on the land. The District Registrar shall also in cases were part only of the land is sold, deliver to the transferoi a fresh land certificate containing, or having endorsed t.iereon, a description of the land retained by him. 47, A transfer of land made for a Tamable 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 tbe 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. 48. A transfer of land made without valuable consideration shall, when registered, confer on the propiietor to whom the same is made, an estate in fee simple in the land transferred, hut subject as follows, that is to say, to tbe 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, hut free from all other estates, incumbrances, and interests whatsoever, including all estates, claims and interests of Her Majesty, Lor Heirs, and Successors,

9.— TRANSMISSION OF LAND AND CHARGES. 49, On the death of the sole registered proprietor, or of tbe 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 Regtstrar-Geneial, to be tbe proprietor of the land in his own right or to be a fit person capable of protecting and giving effect to the rights of all parties interested, and for the like purpose such Inhibitions shall be registered as the Reg-istrar-General shall thmk fit.

50. On the death of the sole registered propiietor or of the survivor of several joint registered propietors, of any charge, the executor or administrator of such sole deceased proprietor , or of tire survivor of such joint proprietors, shall be entitled to be registered in bis place. 51. Any person registered as aforesaid otherwise than as a proprietor in Li is own right, or any Execu tor or Admini-irratnr 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 purpose to which n is applicable by law, but (subject to such inhibitions as aforesaid) he shall for the purpose of any registered dealings with any such land in favour of a purchaser for valuable consideration be deemed to be absolute proprietor thereof.

52. Upon the bankruptcy or insolvency of any registered proprietor of any land or charge, his assignees shall be entitled to be registered in bis place. 33. Tbe husband of any female proprietor of land shall be entitled to be registered as co-proprietor with his wife, but he shall be described < n 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 tbe name, shall revive and confer the same rights as if her husband had never been registered as co-proprietor with her. 54. Where land is registered in the joint names of husband and wile no registered dealings with such land shall take place until tbe wife baa been examined by tbe District Registrar apart from her husband and has assented to such disposition, after full expiration of her rights on tbe land and the effect of the proposed disposition ; Provided that in such case it shall not be necessary that tbe deed of transfer of such land be acknowledged as deeds by married women disposing of land are required by Law to be acknwledged. 55. The assignees of any bankrupt or insolvent proprietor shall bold the land or charge in respect of which they are Registered subject to tbe equities upon and subject to which the bankrupt or insolvent held the same, but they shall for tbe purposes of any registered dealings with such laud in favour of a purchaser for valuable consideration be deemed to be absolute proprietors tbereot.

3q. 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 tbe 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. 10.““TilI! EFFECT AND PROTECTION OF UNREGISTERED DISPOSITIONS. 57. 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 anv unregistered lease, settlement, will, or other instrument, create the same demises, estates for life, estates tail, or other estates and interests as be 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 lioin bring impaired by any act of tbe registere 1 owner by entering on the Register such notices, inhibitions, or other restriciions as are hereinafter mentioned, but subject thereto no purchaser for v aluable consideration of any registered land or registered interest in land sbail be affected by any notice express, implied, or constructive of an unregistered disposition, 58. 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 tbe Register, where tbe 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 regisiered, every registeied 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.

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

fit). Any person wLo shall, subsequent to the lust transfer of the land on the Register, becotnemicreated 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 olany other party may by inhibition prevent any dealing wiih the land by the registered proprietor to the prejudice of the person so interested, hut not further or otherwiseJ£ol. In order to register such inhibition the applicant shall deposit the .same in a form to be from lime 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, auihenticated 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.

G2. Before such entry is cancelled, no dealing with such land or charge by the registered proprietor shall he had which may in any way predjudicially affect the rights or interests of any person so mt-reg-ed as aforesaid, unless such dealing be authorised by other power than that conferred by the registered proprietor alone.

63. When two or more inhibitions arc 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 • heir inhibitions are lodged, and not according to the dates ol the creation of the.claims in respect of which such inhibitions have been lodged. (34. Any inhibition shall be cancelled by the District Registrar with the consent ot all the persons interested lor the time being therein, ot upon its being shown to his satisfaction by the applicant that the interests ol such persons have ceased, or that their interests are not such in respect ot which equity would prevent a sale or charge ol 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 55. Jfany 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 ot 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 lodgtd the Inhibition.

11.■"•INDEMNITY. 66. 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 subjeettoany uncertain or doubtful incumbrances, he may, with the approval in writing of the UegisirarGeneral (upon Mien amount of money being paid as hereinafter mentioned or secured to the satisfaction of the Registrar General ns will in the opinion of the RegistrarGeneral he sufficient compensa'iou for such claims or incumbrances, and (or ail costs, charges ami expenses, ihai may be incurred by the claimants or incumbrancers in recovering the monies due to them) act in respect of such laud without reference to such claims and incumbrances.

67 Any money payable in respect of twch 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 Jud<re 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. 63. 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 anv, to the parties entitled thereto, their executors, administrators, or assigns. 12. —inspection and state of register.

69. Subject to such rules and regulations as may be imposed, and to the payment of such fees as mar be filed, 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. 70. The District Registrar shall, on the request of the registered proprietor of any land or charge, or of anv 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 laud or charge.

13. —RULES AVI) REGULATIONS.

71, It shall be lawful for the Governor in Council from time to lime to make Rules, Orders, and Regulations lor the following purposes ;

(1.) For making, authenticating and preserving Maps and Surveys for the purpose of Registration under this Act. (fi.) For regulating the procedure of the RegistrarGeneral’s and District Registrars’ Offices, (3.) For establishing Forms, Books, Records, and Indices requisite for the purpose aforesaid. (4.) And cenerally 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 Supremo Court); And from time to time to rescind, add to, amend, or alter the same.

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

73. 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.

74. 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. 75. 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 msy from time to time deem necessary for the orderly transaction ot the business of their respective offices.

14. FEES. 7G. The li-es to be taken under ibis Act shall be fixed, varied and abolished from time to limcas iheGovernor in Council shall direct and appoint: Provided always that all fees shall be prepaid. 77. All fees received by the Registrar-General under this Act shall be paid over to the Colonial Treasurer for the use of Her Majesty (or the public uses of the Colony. 78. All fees received by District Registrars shall be deemed to be Or I inary 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 Revenue*’ Act, 1858.’’

15.— assurance fund

79. 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 sura of one 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 asc-rtained in such manner a« the Registrar-General, from time to time by any general order (which he is hereby authorised to make), shall direct. 80. All sums so received shall he paid over to the Colonial Treasurer, and shall be by him carried to a separate account, to be called “ The L ind Assurance Fund Accountand shall be invested from tune to time in such securities as he may diem eligible. 1 6. —COMPENSATION. 81. If any person, in consequence of the omission* mistake, or misfeasance of any officer of the R-gister Office, shall lose or be deprived of any estate, charge, incumbrance, right, or interest, he shall be emitled to recover the estimated value of the same at the time the act, matter, or thing was done, or happem-d, whereby such loss or deprivation was occasioned.

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

83. Every such action as aforesaid shall be brought against the Registrar-General as the nominal defendant, and no other person, within ten yearsafter 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 Attor-ney-General of the Colonv, and upon the RegistrarGeneral, one calendar month at least before the commencement of such action.

Bf. It shall be lawtul forthe 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.

Bb. Ihe 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, whareby any loss or damage has been sustained by reason of any compensation paid under tins 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.”

88. In the conduct of actions under this Act, the same rules ol procedure aud practice shall apply, and there shall lie the same rights of appeal as are in force or exist for the time being in respect of ordinary actions in the Supreme Court.

87. An Act of the General Assembly ol'New Zealand intituled “The Crown Costs Act, I8b8,” shall apply to all actions under this Act, and all costs received by the Registrar-General shall be paid to tbeColonial Treasurer, and by him be placed to the credit of the “ Assurance Fund.”

!SB. J lie Registrar-General, as nominal plaintiff or defendant under this Act, shall not be lia'de in person or property upon any judgment recovered, nor shall any writ of execution whatever issue thereon, but all damages aiid costs recovered against the Registrar-Geueral, and ail cosis incurred by him, and all sums paid by way of compromise as aforesaid shall he paid by the Colonial Treasurer out of the “ Assurance Fund.” and if such fund he insufficient for such purpose, then ou' 1 of the Ordinary Revenue of the Col mv.

17. —GENERAL PROVISIONS. 89. The following rules shall be observed with respect to Registry ;

1. No notice of any trust implied, express or constructive shall be receivable by the District Registrar or entered on the Register. 2. Upon the occasion of the Registry of two or

more persons as proprietors ol the same land, or of the same Charge, an entry may with their consent, certified as the Registrar shallrequire, be made on the Register to the effect that, when the number of euoh 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. .3. A Judge of „he 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, solelv, or jointly with, or in the place of, any existing proprietor or make such order in the premises as such Judge thinks just.

90. The District Registrar may from time to time until any application is liiiully disposed of, require any proofs he may think fit in support of. or oppusition to any application made to him under this Act. ’ 91. Evidence required by Urn District Registrar maybe given on Oath, either viva voce or in wilting by affidavit <>r otherwise, as he shall think fit. ° 92. The Registrar-General and every District Registrar, Deputy District Registrar, Solicitor of iho Supreme Court, and J nance of the Peace, are hereby authorised to adraimsler Oaths for the purposes of this’Act. 90. Every entry on the Register of any person as proprietor cf any laud ur charge shall be deemed to have

been duly made, and shall not be any informality, error, or omission W is hereinafter provided to the contraru u •*. e»N 11 8. or 119 of this Act. Aj 94. It shall be lawful for the District ft V ject to any regulation to be made urLT** such evidence as to him may appear suffi errors in entries and supply entrie, shall not render illegible an origi nal OOi HIN specify in the margin the day and boa?!!?’ tiun made or omission supplied. 01 *»& 95. Every correction so made shall u : v P if made at the same time as the origi Da i omitted entry so supplied shall be as at the time when the same ought to not so as to invalidate any act done D f actual time of the correction, or suddiP* Ip sion. vv ' ) ln g °ftb, % 96. Every land certificate B nd ever charge shall be prima facie evidence on the Register in respect of the matter eDtr 7 »il such certificate. 97. If any land certificate or certifies /> ' lost, mislaid, or destroyed, the District ft on being satisfied of the fact, * rtt nt a n the place of the former one. * n * Tt ili C|^’ 98. The District Registrar may, „ po * up to him of a land certificate, or cmificJrAlV grant a new certificate in the place c * l,r »I vered up. 8 ° n 6 so

99. N T o official person, acting under tl this Act, shall be individually liable or proceeding, for or in respect of any ac ,“Hu* bona fide done, or omitted to be done, i n ,{ 0t or supposed exercise, of the powers of thi« a ne '0v 100. Where a suit is instituted for mance of a contract, relating to registered! registered charge, the Court having cognL V suit, may by summon*, or by such other deems expedient, cause all, or any of the mo4t 11 t have registered interests in such land or 1 4rtle, i up notices of leases, or agreements bilious against such land, to appear in such 61 show cause why such contract should nn . i, EU * ! ’ Uli cally performed ; and any order made hi .JVN. such suit shall be binning on »li ) arties «],' it by such order, declared to be b«uud, * s “^lt,

18.— appeals.

101. The District Registrar, if be shall Vk . may, and if requested in writing by the anni' refer any case, or any question arising therconT’ time, to the Registrar-General for bis oni • *"! the decision of the District Registrar on sach° ai lion or question shall be in conformity with 1 of the Registrar-General, certified under lu s L 102. It any applicant shall be dissatisfied decision of the District Registrar, whether ,[ 16 Ub 4, J of the Registrar-General shall have been take# matter or not, it shall be lawful for such Br ,r° D require the Registrar-General or District Re 4 set forth in writing the grounds ol such * 103. The applicant may appeal against n e L of the District Reg.strar to a Judge of tbe « *** Court in a summary way, by whom the matu' lllt ' ,! be beard and determined, and who ihall m i orders interlocutory and final as he mtiv thing fi the District Registrar, upon being served wub ’ order, or an official copy thereof, shall obey r, 104. Ibe Judge* of the Supreme Court ma? time to time make, vary, and abolish rule* and * -latious touching such a ppeal*. "il-

105. Provided always it at any time it shall to the Judge that there is m dispute 3 question of 5* i of sufficient imporrance, he may, before matin* * ! final order in the case, direct an issue to h e \ determine such fact, and such issue shall m ' form, and subject to such terms, and shall be such tune and place, as such Judge may direct. 1 19.-QUESTIONS M4Y be referred to supreme coir

100’. Whenever in any proceeding under tb« An there arises any question of Law or fact, which j B opinion of the Registrar-General cannot be pronef disposed of by the District Registrar, the Ile-utn ■ General may, if such a question is one of Law dVect*" case to be stated for the opinion of the Supreme Goan 1 I ot if such question is one of fact, an issue to b« t[ u f before a Judge of the Supreme Court, and a Special or Common Jury, for the purpose of determining question of Law or fact. The Registrar-Gtwjril ar also name the parties to such case or Usui, and manner in which the proceedings in relation thereto -re to be brought before the Court or Jury i 0 such case or issue is referred.

107. Ihe opinion of the Supreme Court sballbecoc- , elusive on all the parties to such case, unless the Court authorises an appeal to be had, and the same is dclv (i prosecuted accordingly, and the decision o any 3m i to whom any issue of tact is referred, shall be conclj!' sive on all persons whatsoever, unless the Supra# Court grants a new trial.

108. In case* where infants, incapable persons, or persons yet unborn, are or may be mierested in ths land, in respect of the title to which any qurgtioa o( law or fact arises as aforesaid, any parties ioterpsted in such land may apply to a Judge of the Supreme Coon in Chambers for a direction that the opinion of the Supreme Court to whom any question u referred under this Act upon any question so reterred shall becosclnsivnly binding on all parries interested in such laud.

109. Ihe Judge in Clumbers shall hesr the sllegitions of ah ihe parties appearing before him; Ke an disapprove altogether, or uuy approve, either with or without modification, of the directions of the Region* General in iespeit ot any case to be tried as to it* title to land ; lie may also appoint a guardian or other person to appear on behalf of any infants, or incapable, or unborn persons. 110. If such Judge is satisfied that the interests of such infants or incapable or unborn persons will b# sufficiently represented m any case so about to be tried, he shall make an order declaring ihat all or some of such parties shall be conclusively bound; and there* upon the parties in that behalf named in the order shall be conclusively hound by any decision to the some extent as it they had been parties to the case. 111. The Supreme Coun shall exercise gi-nenlif jurisdiction over the Registrar-General, District Be* gistrar, and other officers and persons appointed under this Act, as over Courts, Offices, and Officers of inferior jurisdiction, and shall have the power to nuiesocb orders and decrees, applicable to particular cues only, as shall in the judgment of such Supreme Court appear requisite for effectuating the provisions of ibis Act, for enforcing the execution of their respective dunes by the Regislm-General, District Regulfit, and the said other officers and persons reifscutelj, and for preserving and giving effect to the right* of parties affected by this Act, all which orders and tie* crees the Registrar-General, District Registrar, and the said other officers and persons respectively •hill obey and give effect to.

1 TJ. Any person having, or claiming, any estate or interest in land, or in any charge thereon affscted,or which may be affected by this Act, may apply lot rt* lief m a summary wav, by petiiiou to the Supreme Court, and the Supreme Court may, in a summary W>J bear such petition, either with or without node* to parties interested, and aay make aud direct such io* quiries, and the institution of such proceedings as 1° it shall seem fit, and may by any decree or order opt® such petiiiou declare the rights of such parties, and may make such orders and decrees, as shall appear requisite, for giving effect to such rights, so fsraatha same shall not expressly conflict with the provisions of this Act, all which orders and decrees the RegistrarGeneral and District Registrar, respectively* aball obey and give effect to.

Ho. The Judges of the Supreme Court shall bivi power, from time to time, to make rules and ord«n for regulating proceedings in the Supreme Court,uudtf this Act, and from time to ture to rescind, alter, or add to such rules nud orders, and such rules and order!) rescissions, alterations, and additions being publiiW in the Government Gazette, shall have the effect of law.

20.—costs.

114. All costs, charges, and expenses incurred by any District Registrar in or about any proceeding! before the Supreme Court, or a Judge thereof, shall bu paid by the applicant ; and all other costs, charges, and expenses shall be in the discretion of the Judge, Registrar-General, or District Registrar respecti«ly» before vyhom the same are incurred, regard being bw to the fact that every applicant under this Act is liibl* privin facie to pay all costs, charges, and expenses ID’ furred by or m consequence of lus application) in cases where parties appear whose rights a in sulb* ciently secured without (heir appearance, or where costs, charges, or expenses are uunect-ssanly or impro* perly incurred.

llji. Ihe amount ol costs to be paid by sny respect of auy proceedings before the llegistrat-G' * neral or any District Registrar, shall be fixed by him, and an order (or payment of the same made by lb* Registrar-General or 'District Registrar respectively, may be enforced in the same mannei as an order mide for payment ot costs by a Justice of the Paace : at an 7 time during the proceedings on any application. th*!P* fdicant may be required by the Registrar-General or District Registrar to give security for payment of cost* and expenses, as he may think fit. (To be continued.)