Page image

XX

Land Transfer.

Register to be open for search. 1908, No. 99, s. 42

42. Any person may, upon payment of the prescribed fee, have access to the Register for the purpose of inspection during the hours and upon the days appointed by regulation under this Act. 43. No Registrar shall register any instrument liable to stamp duty unless the same purports to have been duly stamped, but no registration shall be invalidated by reason of any error in this respect. 44. (1.) Where by an alteration heretofore or hereafter made in the boundaries of any registration district any land formerly comprised therein becomes or heretofore has become included in any other district all such copies of the Registers of the first-mentioned district, as by the Registrar thereof have been or hereafter may be deposited with and accepted by the Registrar of such other district, shall for all the purposes of the Land Transfer Acts, have and be deemed to have had the force and effect of the original Registers, and shall as regards the lands affected by the alteration of boundaries, be deemed to be the original Registers and be admissible in evidence as such. (2.) This section shall extend to validate all entries heretofore made and all matters and things heretofore done which if made or done after the coming into operation of this Act would be valid and effectual. (3.) For the purposes of this section " Registers" includes all Registers, record-books, indices, and books of reference required to be kept under the Land Transfer Acts or by any regulations thereunder. District Agents. 45. (1.) There may from time to time be appointed in and for each district fit and proper persons as District Agents, who may receive and transmit to the Registrar for registration any instruments the Registrar is required or empowered to register ; and may also, on registration of any instrument, receive the same from the Registrar on behalf of the persons entitled to possession thereof. (2.) Instruments forwarded for registration through a District Agent shall, as between themselves, be entitled to registration in the order in which they are lodged with the Agent; but, as against all other instruments, shall be entitled to priority according to the time of actual reception by the Registrar. (3.) The Governor in Council may from time to time prescribe fees to be taken under this section, and make such regulations with regard to the matters aforesaid as may be necessary or expedient. Provisional Registration. 46. Until a folium of the Register has been duly constituted for any land under this Act, all dealings, memorials, and entries affecting such land shall be provisionally registered as hereinafter provided, that is to say : — (a.) For the purposes of provisional registration, and for the recording of all dealings and entries, the Land Revenue Receiver's receipt shall take the place of a Crown grant.

Instrument not to be registered unless duly stamped, lb., s. 43

Where boundaries of district altered by including lands in other district, copies of original Registers to be evidence of dealings with lands so included. lb., s. 44

Registration through Oistrict Agents. lb., s. 45 1912, No. 23,5.60(3)

Priority of instruments so registered.

Until Register duly constituted, land to be provisionally registered. 1908, No. 99, s. 46 1909, No. 15, ss. 95, 96

14