✨ Continuation of Land Regulations
108
SUPPLEMENT TO THE NEW ZEALAND GAZETTE.
codicil of the deceased, whether the land was devised by such Will or Codicil
absolutely or subject to particular uses, estates, trusts or interests, or to charges
or special limitations or conditions, and who are the devisees and other per-
sons interested under such will. If the deceased died intestate he is to satisfy
himself who is his heir at law. Where any persons appearing to be interested
in the land shall be infants, he shall satisfy himself who is the guardian or
person entitled to be the guardian of such infants; in the case of married
women who are their husbands; in the case of lunatics who are their com-
mittees, if any. And of all other matters in any way material, in his judg-
ment, for determining who is the fit person to be registered in the place of the
deceased proprietor. All which matters and things he shall fully report to
the Registrar General.
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Before assuming the intestacy of a deceased proprietor the District
Registrar shall require the production of Letters of Administration to the
deceased, if granted, if none have been granted then an affidavit to that effect.
He shall also require the affidavit of the party applying to the effect that he
or she has made, or caused search to be made, for any Will or Codicil of the
deceased amongst the papers of the deceased, at his bankers, if any, at his
agents or solicitors, if any, and in all other places where it was likely that a
Will or Codicil may have been deposited; and further that no Will or Codicil
has been found, nor has any circumstance come to the knowledge of the
deponent from which to infer that any Will or Codicil is or has been in exist-
ence (or if there has been any Will or Codicil in existence), then that the
same has been destroyed (setting out the facts relating to such destruction),
and generally the party applying shall make affidavit that he or she verily
believes that there is no Will or Codicil of the deceased in existence. The
District Registrar shall also require any corroborative proof of intestacy as to
him may seem fit. -
Where a Will or a Codicil shall have been proved in some competent
Court, the probate exemplification or office copy of such Will or Codicil may be
admitted as evidence of such Will or Codicil for purposes of Registration, with
such corroborative proof, if any, as the District Registrar shall require. -
Where an original Will or Codicil shall be produced for the purpose
of Registration, the District Registrar shall require proof thereof by at least
one of the witnesses, if resident within the district, or such other proof as
would be required of Wills or Codicils in Courts of Equity. -
Provided that as regards Wills and Codicils executed out of the Pro-
vince, or in case of the absence of witnesses, the District Registrar may dis-
pense with proof by witnesses of such Will or Codicil, on receiving evidence to
his satisfaction, as to the custody from which such Will or Codicil came, and
such other evidence as may satisfy him of the genuineness and validity of such
Will or Codicil. -
If by the Will or Codicil of the deceased Proprietor the Land be de-
vised to any person or persons absolutely, such person or persons shall be regis-
tered as Proprietor or Proprietors in place of the deceased Proprietor. -
If such devise shall be subject to charges, which, in the judgment of
the District Registrar, should be protected by Inhibition, the Title shall be
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✨ LLM interpretation of page content
🗺️
Continuation of General Regulations relating to Transfers of Land and Charges
(continued from previous page)
🗺️ Lands, Settlement & Survey5 April 1865
Land transfer, Registration, Deceased proprietor, Will, Codicil, Intestacy, District Registrar, Inhibition
NZ Gazette 1865, No 12A