D—No. 1

LAND REGISTRY ACT, 1860. How, in the case of Charges intended to rank pari passu, under a Write for instance ? In that case, there being material equities, they should be registered only by way of Inhibition, as one class, leaving them to be effectuated in Equity, unless they be registered in the aggregate as one charge, leaving the parties to settle their equities between themselves. 71. Upon the d'schargc of any charge, the District Registrar shall write across the entry in the Register a Minute indicating such discharge, whereupon such Registry shall be deemed to be cancelled and discharged. General Regulations relating to Transfers of Land and Charges. 72. When any land or charge is transferred entire, the District Registrar shall write or cause to be written across the original entry a minute indicating such transfer, and shall sign the same. 73. Where land is subdivided a new entry shall be made in the Register of Proprietors, in respect of each subdivisional part, including the part, if any, retained by the original Proprietor, and Minutes shall be written across the original entry indicating such subdivisional transfers. 74. Deeds of transfer shall be numbered and indexed according to Regulations made from time to time by the Registrar-General. Transmission. 75. Upon any application made to register Title, upon the death of a sole registered proprietor or of the survivor of several joint registered proprietors, it shall be the duty of the District Registrar to satisfy himself, whether the deceased held the land in his own right, or as a trustee, whether he died testate or intestate, whether he left his estate free from, or subject to debts. If testate, he is to satisfy himself as to the validity of the Will or Codicil of the deceased, t—whether the land was devised by such Will or Codicil absolutely or subject to particular uses, estates, trusts, or interests, or to charges or special limitations or conditions, and who are the devisees and other persons interested under such Will. If the deceased died intestate, he is to satisfy himself who is his heir at law, and in case he died leaving his estate subject to debts, then who are his creditors. Where any persons appearing to be interested in the land, shall be infants, he shall satisfy himself who is the guardian or person entitled to be the guardian of such infants; in the case of married women, who are their husbands ; in the case of lunatics, who are their Committees, if any ; And of all other matters in any way material, in his judgment, for determining, who is the fit person to be registered in the place of the deceased proprietor. All which matters and things he shall fully report to the Registrar-General. 76. Where it shall appear to the satisfaction of the Registrar-General, that the deceased proprietor was Trustee, no person shall be registered as proprietor except upon the order, or in accordance with the opinion, of the Supreme Court. 77. Before assuming the intestacy of a deceased proprietor, the District Registrar shall require the production of letters of administration to the deceased, if granted ; —if none have been granted, then an affidavit to that effect. He shall also require the affidavit of the party applying to the effect that he or she has made, or caused search to be made, for any Will or Codicil of the deceased, amongst the papers of the deceased, at his Bankers, if any, at his Agents or Solicitors, if any, and in all other places where it was likely that a Will or Codicil may have been deposited ; and further that no Will or Codicil has been found, nor has any circumstance come to the knowledge of the deponent, from which to infer that any Will or Codicil is or has been in existence ; (or, if there has been any Will or Codicil in existence), then that the same has been destroyed (setting out the facts relating to such destruction) —and generally the party applying shall make affidavit that he or she verily believes that there is no Will or Codicil of the deceased in existence. The District Registrar shall also require any corroborative proof of intestacy as to him may seem fit. 78. Whenever application is made to register the title of a deceased Proprietor of land, the Registrar shall advertise for Creditors to come in before him and prove their debts on or before a day specified in such advertisement. Such advertisement shall be continued for three successive weeks in some newspaper of the Province in which the land is situate. All persons having claims on the estate of the deceased may come in and prove their claims, and upon proof thereof, to the satisfaction of the District Registrar, Inhibitions may be lodged against the registered land by or on behalf of such claimants according to legal priority. 79. Where a Will or a Codicil shall have been proved in some competent Court, the probate exemplification or office copy of such Will or Codicil may be admitted as evidence of such Will or Codicil for purposes of Registration, with such corroborative proof, if any, as the District Registrar shall require.