LAND TRANSFER ACT.

Evening Star, Volume VIII, Issue 2518, 13 March 1871, Page 2

LAND TRANSFER ACT.

. KO. VII, [We resume the publication of our corn* ments upon this Act, which have been seriously interrupted of late by the large amount of space necessarily occupied by the reports of the current political proceedings, and the several libel cases which have been before the Supreme and the Resident Magistrate’s Courts, which have all been re? ported at considerable length. We were obliged to break off on the 6th, in the middle of an article to which we beg to refer our readers in our issue of that date, in order that they may properly understand what follows.] As Section 21 provides for lands granted prior to the day on which the Act came into operation, being brought under the provisions of the Act, and as it has not been the praefse heretofore to issue Crown grants in duplicate, it follows that each separate folium of the “ Register Book ” cannot consist of a duplicate grant and certificate <af title, go far as such lands are concerned, but must consist of the duplicate certificate of title only. The form of the Register Book will also have to be varied in another respect, for upon the application (Section 103) of any registered proprietor of land held under separate grants or certificates of title, or under one grant or certificate, and upon the delivering up of such grants and certificates, the Registi ar is authorised to issue to the proprietor a single certificate of title for the whole of sndi laud, or several certificates, each containing a portion of such land in accordance with the application, so far as it can he done practically and consistently with any regulations in force respecting the parcels of land that may be included in one grant or certificate; and upon issuing any such certificate, the Registrar cancels the grants apd previous cerlificates of title, and endorses thereon a jncmorfindum getting forth the

occasion of such cancellation and referring to the now certificate or certificates of title so issued ; and so with regard to dealings \iith land piior to the is mo of the grant from the Crown, which section 105 permits in the same manner that laud.is dealt with under the provisions of the Deeds Registration Act, 1868; but this power is strictly limited to lands sold by the Crown on and after the constitution of the district. No lands, therefore, sold prior to the constitution of the Land District, and for which no Crown grant has yet been issued, can be placed upon the register until the grant has been issued. Brxt a proprietor of land, who has bought from the Crown grantee, or from a person, several premises from the Crown gi-antee, where the grant has been issued, and who is unable to produce it—as where such proprietor has only purchased part of the land compr sed in the grant, in which ca-e there will be a covenant on the part of the vendor to produce it when required ; or where it has been deposited with the Registrar of Deeds; or its production in accordance with the or may put his property upon the register ; for notwithstanding the absence of the Crown grant, the title would be perfectly marketable with an attested copy of the Crown grant, covenant. In the case of a lost grant, a duplicate will he required as provided for by the Crown Grants Act, 1866. The form of the register book, with respect to all lam's sold prior to the constitution of the land district, will therefore consist of the duplicate certificate or certificates of title, when more than one is required, upon which all future transactions will he noted. Upon issuing a certificate of title bringing land under the provisions of the Act, the Registrar stamps as cancelled every instrument of title surrendered by the proprietor when making his application ; and if any instrument relates to or include! any property whether personal or real other than the land included in such certificate, then the Registrar endorses thereina memorandum cancelling the same in so far onlj? as relates to the land included in such certificate, and returns the instrument to the proprietor, otherwise he retains the same in his office ; and no person is entitled to the production of such instrument so stamped except upon the written order of the applicant, proprietor, or of some person claiming through or under him, or upon the order of the Supreme Court, or a Judge thereof. But any person upon payment of a fee may have access to the Register Book for the purpose of inspection during the hours and upon the days appointed for search.