XXXVIII
L/and Transfer.
authorize the Registrar to enter the words " No survivorship " upon the grant, certificate of title, or other instrument evidencing their title to such estate or interest, and also upon the duplicate of such instrument. 133. After such entry has been made and signed by the Registrar in either case as aforesaid it shall not be lawful for any less number of joint proprietors than the number then registered to transfer or otherwise deal with the said land, estate, or interest without obtaining the sanction of the Supreme Court, or a Judge thereof, by an order on motion or petition. 134. (1.) Before making any such order the Court or Judge shall, if it seems requisite, cause notice of intention so to do to be advertised in the Gazette and in at least one newspaper published in the district in which the land is, and shall appoint a time within which any person interested may show cause why such order should not be issued. (2.) Thereupon the said Court or Judge in such order may give directions for the transfer of such land, estate, or interest to any new proprietor or proprietors, solely or jointly, with or in the place of any existing proprietor or proprietors, or may make such order in the premises as the Court thinks just for the protection of the persons beneficially interested in such land, estate, or interest, or in the proceeds thereof. (3.) Upon such order being deposited with the Registrar he shall make such entries and perform such acts as may be necessary for the purpose of giving effect to such order. 135. (1.) If the registered proprietor of any land or of any estate or interest under this Act is desirous of transferring the same to two or more persons in trust, such proprietor, in the instrument or deed declaring such trust, may nominate and appoint the Registrar of the district within which the land is, by the style of his office, to be one of such trustees. (2.) It shall thereupon be the duty of such Registrar for the time being to act as such trustee, so far as relates to the transfer of such land, estate, or interest. 136. (1.) Whenever a person entitled to or interested in land as a trustee would be entitled to bring or defend any action in his own name for recovering the possession of land under this Act, such person shall be bound to allow his name to be used as a plaintiff or defendant in such action by any beneficiary or person claiming an estate or interest in the said land. (2.) In every such case the person entitled or interested as such trustee shall be entitled to be indemnified in like manner as a trustee would before the coming into operation of the Land Transfer Act, 1885, have been entitled to be indemnified in a similar case of his name being used in any such action or proceeding by his cestui que trust. Registration Abstract. 137. Every Registrar, upon the application of any registered proprietor of land within his district, shall grant to such proprietor a registration abstract, in the Form I in the Second Schedule hereto, enabling him to transfer or otherwise deal with his estate or interest in such land at any place without the limits of New Zealand for any period not exceeding twelve months from the date of such abstract.
Effect of entry. Order of Supreme Court. 1908, No. 99, s. 134
Procedure for that purpose. lb., s. 135
Registrar may be nominated a trustee. lb., s. 136
Beneficiary entitled to use name, of trustee in prosecuting action. Ib..s. 137
Indemnity to trustee.
Registration abstract to enable dealings out of New Zealand. lb., s. 138
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