XXVI

Land Transfer.

73. The Registrar may, upon such, evidence as appears to him sufficient, subject to any regulations under this Act, correct errors and supply omissions in certificates of title or in the Register, or in any entry therein, and may call in any outstanding instrument of title for that purpose. 74. In case it appears to the satisfaction of the Registrar that any certificate of title or other instrument has been issued in error, or contains any misdescription of land or of boundaries, or that any entry or indorsement has been made in error, or that any grant, certificate, instrument, entry, or indorsement has been fraudulently or wrongfully obtained, or is fraudulently or wrongfully retained, lie may require the person to whom such grant, certificate, or instrument has been so issued, or by whom it is retained, to deliver up the same for the purpose of being cancelled or corrected, as the case may require. 75. (1.) In case such person refuses or neglects to comply with such request, or cannot be found, the Registrar may apply to it, Judge of the Supreme Court to issue a summons for such person to appear before such Court or Judge and show cause why such grant, certificate, or other instrument should not be delivered up as aforesaid. (2.) If such person when served with such summons neglects or refuses to attend before such Court or Judge at the time therein appointed, such Judge may issue a warrant authorizing and directing the person so summoned to be apprehended and brought before the, Supreme Court or a Judge thereof for examination. 76. Upon the appearance before the Court or Judge of any person summoned or brought up by virtue of a warrant as aforesaid, the Court or Judge may examine such person upon oath ; and may order such person to deliver up such grant, certificate of title, or other instrument as aforesaid ; and, upon refusal or neglect by such person to comply with such order, may commit him to any convenient prison. 77. In such case, or in case such person has absconded so that the summons cannot be served upon him, the Registrar shall, if the circumstances of the case require it, issue to the proprietor of the said land such certificate of title or other instrument as is herein provided to be issued in the case of any grant or certificate of title being lost, mislaid, or destroyed, and shall enter in the Register notice of the issuing of such certificate of title or other instrument, and the circumstances under which the same was issued, and such other particulars as he deems necessary. 78. Upon the recovery of any land, estate, or interest by any proceeding in any Court from the person registered as proprietor thereof, the Court or Judge, in any case in which such proceeding is not expressly barred, may direct the Registrar to cancel any certificate of title or other instrument, or any entry or memorial in the Register relating to such land, and to substitute such certificate of title or entry as the circumstances of the case require, and the Registrar shall give effect to such order accordingly. 79. (1.) Upon the application of any registered proprietor of land held under separate grants or certificates of title, or under one grant or certificate, the Registrar may issue to such proprietor a single certificate of title for the whole of such land, or several certificates, each containing portion of such land, so far as the same may be done consistently with any regulations for the time being in force.

Errors in Register may be corrected. 1908, No. 99, s. 74

Holder of instrument obtained through fraud or error, or wrongfully retained, may be required to surrender it. lb., s. 75

In default, may be summoned to Supreme Court. lb., s. 76

Person refusing to surrender instrument may be committed to prison. lb., s. 77

Court may order new certificate to issue. Ib.,s. 78

Court may order former certificate of title to be cancelled. Ib„ s. 79

Proprietor may claim single certificate in place of several. lb., s. 80

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