Land Registration Rules Continuation




106 SUPPLEMENT TO THE NEW ZEALAND GAZETTE.

  1. Judgments, Crown Debts, Extents and Acceptances of Office, affecting
    the Lands of a Registered Proprietor, are deemed charges by a Registered
    Proprietor, and official Certificates of such Judgments, Crown Debts, Extents
    and Acceptances of Office, signed by the proper officers respectively, shall be
    received and registered as Instruments of charge; but, in such cases it shall
    not be incumbent on the District Registrar to require a plan of the land
    charged, provided the same be sufficiently distinguished by reference to entries
    already on the Registers.

  2. As regards charges created by Wills of Registered Proprietors, such
    Wills or Probates, Administrations, with Will annexed, exemplifications and
    office copies of Wills may be received as instruments of charge.

  3. The District Registrar may require proof to his satisfaction of the
    validity of any charge, and, unless satisfied thereof, he may refuse to register
    the same absolutely, or may suspend such Registration, in which case he shall
    Register the same provisionally, subject to further consideration, or subject to
    any order which the Supreme Court may make relative thereto. Every entry
    of a Provisional Registration shall be headed "Provisionally Registered."
    Notice shall be given to the party tendering such charge that the same is only
    Provisionally Registered, in order that he or she may apply, if thought fit, to
    the Supreme Court, for an order to make the Registration absolute. If no
    such Order shall be intimated to the District Registrar within the space of
    three months after the first presentation of the charge for Registration, the
    District Registrar may thereupon, in his discretion, cancel the Register by
    writing across the entry in the Register the word "Cancelled" with his name
    and the date. He shall notify such fact to the Applicant, and shall, on
    demand, return to him the Deed of charge.

  4. Subjoined or attached to every certificate of charge shall be a Memo-
    randum of the Inhibitions affecting such charge, referring to their respective
    registered numbers.

  5. Whenever a charge is registered the register number of such charge
    shall be entered in the Memorandum at the foot of the Register of the Pro-
    prietor's Title. Whenever an Inhibition is registered against a charge the
    Register Number of the Inhibition shall be entered on the Memorandum at the
    foot of the register of such charge, and when cancelled an entry shall be made
    of such cancellation.

  6. Upon sale or foreclosure under any order or decree of the Supreme
    Court of land subject to a registered charge, the District Registrar shall make
    the requisite entries and transfers for giving effect to such order or decree.

  7. Upon a sale of land under a power of sale, contained or implied in the
    instrument of charge, the District Registrar shall, after due proof made to his
    satisfaction of compliance with the prescribed conditions, make the requisite
    entries and transfers in the register for giving effect to such sale.

  8. Upon the discharge of any charge the District Registrar shall write
    across the registered instrument a minute indicating such discharge, where-
    upon such registry shall be deemed to be cancelled and discharged.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1865, No 12A





✨ LLM interpretation of page content

🗺️ Continuation of Rules regarding Land Registration Procedures and Proprietor Register Form (continued from previous page)

🗺️ Lands, Settlement & Survey
5 April 1865
Land registration, Charges, Wills, Supreme Court, District Registrar, Provisional Registration, Transfer