Land Transfer.
A.—4. '
74. Holder of instrument obtained through ! w Absent Mortgagees. fraud or error, or wrongfully retained, 117. Public Trustee may give discharge in certain may be required to surrender it. oases. 75. In default, may bo summoned to Supremo Court. Other Rights of Mortgagees. 76 Person refusing to surrender instrument may ];18 . Mortgagee to have remedies of a lessor for bo committed to prison. recovery of premises on default. 77. Court may order new certificate to issue. 119 . R ; ght of mor tgagee of lease not to be barred. 78. Court may order former certificate of titlo to 12 0. Mortgagee of leasehold after entry liable to be cancelled. l essor f or ren t. 79. Proprietor may claim single certificate in 12 ]. Mortgagee to have custody of instrument of place of several. title. 80. Declaration may be made in case of loss of original certificate. Provisional certificate Discharge oj Annuity. may bo issued. Effect of provisional 122. On death of annuitant, discharge of annuity certificate. ma y he entered. 81. Registrar may issue certificate of title to . . & , , j. . j? Transmission. purchaser on sale for non-payment of ra t ea 123. Person claiming under transmission may Transfers. • apply to have same registered. Particulars on r „ ~ , . , - ■ , ~„, to be stated in application. 82. Transfer by registered proprietor, how . n _• , r ,- * , a , j J ~. B ~ r r . T, n „- 124. Procedure on application tor transmission. effected. Discretionary power of Regis- , rr , , , , ~ . , , J 1 125. Caveat may be entered on benait 01 beneo.j vr ' ... ... ~ . ~ ,„,„, -t fioiaries under any will or settlement. S3. New certificate to transferee unnecessary li ,„ . . J , . „ u 1 1 jj. i j 126. 1 ransmission to mortgagee on bankruptcy of Whole land transferred. . fi h ' J 84. Certificate to be cancelled on transfer of .._ ~ oasee - ,.»,-,, 127. lintry to operate as transfer on sale, portion of land only. ~„ _ • • , 1 • j c u. 1 , „ r , T r ..„ , . \ 1 . , ■ , 128. lrausiuission to lessor 111 deiuult of mortgagee 85. Now certificates to be issued tor portion , . 8 b transferred and for balance. ~... .. ~ S • c c 1 • ± 86. Certificate of title for balance of land not 12!) - Particulars pf marriage of female proprietor transferred may remain valid if suffi- °)0 ,O S I CloC - ciently descriptive of such balance. 87. Estates for life, or in reversion, or remainder may be created. Certificate to issue for 130. No entry of trusts to be made on Register estate in possession only. oxce P t those specially authorized. 88. Implied covenant in transfer of equity of 131. Transferor may apply for entry of "No redemption. survivorship " on Register. 89. Transfer of lease or mortgage. 132. Trustees registered as joint proprietors may 90. Rights of transferee. Saving - powers of similarly apply. Supremo Court to give effect "to trusts. 133. Effect of entry. Order of Supreme Court. 91. Implied covenants in transfer of lease. ] 34. Procedure for that purpose. 92. Memorandum of order of Court vesting 135. Registrar may be nominated a trustee. estate or interest to bo entered on Register. 136. Beneficiary entitled to use name of trustee in prosecuting action. Indemnity to Leases. trustee. 93. Leases, fo™ of. Memorandum of lease Registration Abstract. may be registered. _ . " ~ , 94. Covenant for right of purchase. 137 ' Registration abstraot to enable dealings out 95. Lease not binding on mortgagee without or JNew Zealand. consent After issue of abstract no entry to be made 96. Surrender'of lease. , , in Register. _ 97. Implied covenants on part of lessee. 13 9. Mode of procedure under registration ab--98. Implied powers of lessor. , _ _ straot. 99 Re-entry by lessor. Entry upon abstract to have same effect as 100.' Provision in case of lost lease. ,„ „ if on Register. 141. Certified entries on abstract to be evidence, Mortgages. 142. Proceedings upon return of abstract. 101. Mortgages form of. On transfer of fee original grant to be sur. 102. Mortgage to take effect as security only. rendered. 103. Covenants and conditions implied in mort- 144 - Procedure in case of loss of registration „ a „ G . abstract. 1.04. Alteration of terms of mortgage by indorse- Caveat. ment thereon. 145. Caveat against bringing land under Act. 146. Caveat against dealing with land under the Remedies of Mortgagee. Act. 105. Mortgagee may, after default, enter into 147. Particulars to be stated in caveat. possession. 148. Service of notices as to caveats. 106. Mortgagee may distrain on tenant to the 149. Effect of caveat against bringing land under amount of his rent. Act. 107. Receipt of mortgagee sufficient discharge. 150. Effect of caveat against dealings. 108. Application of purchase-money. 151. Notice of caveat to be given to persons 1.09. Transfer by mortgagee. affected. 152. Procedure for removal of caveat. Sale of Mortgaged Property by Registrar of Supreme 153. Lapse of caveat against bringing land under Court. Act. 110. Sale of mortgaged land by Registrar of 154. Lapse of caveat against dealings. Supreme Court. 155. Person entering caveat without due cause 111. Mortgagor may redeem at mortgagee's valu- liable for damages. ation. 156. Caveat may be withdrawn. 112. Mortgagee may become purchaser. 157. No second caveat may be entered. 113. Protection of bona fide purchaser. 114. Fees payable on application. Powers of Attorney. 115. Registration of transfer. 158. Power of attorney available for dealings 116. Discharge of mortgage, how effected. under Act.
3