Land Transfer.

XXV

Provided that tenants in common shall not be bound to take separate certificates unless and until they require to make separate dealings with their respective interests. 66. The Registrar shall not be bound to issue a certificate of title upon any application in respect of which notice is hereby required to be given by advertisement until after the expiration of fourteen days from the time limited in such advertisement. 67. If any certificate, whether on the first bringing of land under this Act or otherwise, is issued in the name of a person who has previously died, such certificate shall not be void, but the land comprised therein shall devolve in like manner as if such certificate had been issued immediately prior to such death. 68. Every certificate of title duly authenticated under the hand and seal of the Registrar shall be received in all Courts of law and equity as evidence of the particulars therein set forth or indorsed thereon, and of their being entered in the Register, and shall, unless the contrary is proved by production of the Register or a certified copy thereof, be conclusive evidence that the person named in such certificate of title, or n any entry thereon, as seised of or as taking estate or interest in the land therein described, is seised or possessed of such land for the estate or interest therein specified as from the date of such certificate or as from the date from which the same is expressed to take effect, and that the property comprised in such certificate has been duly brought under this Act. 69. (1.) No instrument purporting to deal with any land, estate, or interest under this Act shall be or be deemed to have been invalid or ineffectual by reason only that the same may purport to have been executed at a time when the person executing the same was not actually registered as the proprietor of such land, estate, or interest. (2.) Subsection three of section seventeen hereof shall extend and apply to this section. 70. No right to any public road or reserve shall be acquired, or be deemed to have been acquired, by the unauthorized inclusion thereof in any certificate of title or by the registration of any instrument purporting to deal therewith otherwise than as authorized by law. 71. No certificate of title shall be impeached or defeasible on the ground of want of notice or of insufficient notice of the application to bring the land therein described under this Act, or on account of any error, omission, or informality in such application or in the proceedings pursuant thereto, 72. Any certificate of title issued upon the first bringing of land under this Act, whether upon application or by force of any statute or of the order of any Court, and every certificate of title issued in respect of the same land, or any part thereof, to any person claiming or deriving title under or through the first registered proprietor shall be void as against the title of any person adversely in actual occupation of and rightfully entitled to such land, or any part thereof, at the time when such land was so brought under this Act, and continuing in such occupation at the time of any subsequent certificate of title being issued in respect of the said land ; but every such certificate shall be as valid and effectual against the title of any other person as if such adverse occupation did not exist.

Issue of certificate may be withheld for fourteen days in certain cases. 1908, No. 99, s. 67 Certificate not to be void though issued in name of person deceased. lb., s. 68

Certificate to be evidence of proprietorship. lb., s. 69

Instruments executed by person not actually registered. lb., s. 70

No unauthorized right to public road or reserve acquired by registration. lb., s. 71 Certificate not to be impeached. lb., s. 72

Certificate void in certain cases. lb., s. 73 1913, No. 17, s. 7

19