New Zealand Gazette – 1921 – No. 102

Page 2871

✨ Land Registration Amendment Order



Dec. 8.] THE NEW ZEALAND GAZETTE. 2871

may at any time lodge with the Registrar a caveat in the form in the Schedule hereto.

  1. So long as a caveat remains in force the Registrar shall not register any instrument affecting the estate or interest protected by such caveat:

Provided that nothing herein shall prevent the completion of the registration of an instrument which has been accepted for registration before the receipt of the caveat.

  1. (a.) Upon the receipt of any caveat the Registrar shall notify the same to the person against whose estate or interest the caveat has been lodged.

(b.) Such person may, if he thinks fit, summon the caveator, or the person on whose behalf such caveat has been lodged, to attend before the High Court or a Judge to show cause why such caveat should not be removed.

(c.) Such Court or Judge, upon proof that such person has been summoned, may make such order in the premises, either ex parte or otherwise, as to such Court or Judge seems meet.

  1. Except in the case of a caveat lodged by or on behalf of a beneficiary claiming under any will or settlement, or for the protection of any trust, or by the Registrar in exercise of the powers by this Order in Council given to him in that behalf, every caveat shall, upon the expiration of fourteen days after notice given to the caveator that application has been made for the registration of any instrument affecting the land, estate, or interest protected thereby, be deemed to have lapsed as to such land, estate, or interest, or so much thereof as is referred to in such notice, unless notice is within the said fourteen days given to the Registrar that application for an order to the contrary has been made to the High Court or a Judge thereof, and such order is made and served on the Registrar within a further period of fourteen days.

  2. The Registrar may enter caveats for the protection of any person who is under the disability of infancy, lunacy, unsoundness of mind, or absence from Western Samoa, or on behalf of the Crown, to prohibit the transfer or conveying or dealing with any land belonging or supposed to belong to any such persons as hereinbefore mentioned, and also to prohibit the dealing with any land for the prevention of any fraud or improper dealing.

———

SCHEDULE.

CAVEAT FORBIDDING REGISTRATION OF DEALING.

To the Registrar of Lands, Western Samoa.

TAKE notice that I, [Name of caveator], of [Occupation and address], claiming estate or interest [Here state the nature of the estate or interest claimed, and the ground on which claim is founded] in [Here describe land], forbid the registration of any instrument affecting the said estate or interest until this caveat is withdrawn by me, or by order of the High Court or some Judge thereof, or until the same has lapsed under the provisions in that behalf contained in clause twelve of the Samoa Land Registration Amendment Order, 1921.

And I appoint [Here state an address within a radius of one mile from the Lands Registry Office] as the place at which notices relating hereto may be served.

Dated this day of , 1921.

Signed by the above-named , as caveator, in the presence of .

F. D. THOMSON,
Clerk of the Executive Council.

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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 1921, No 102


NZLII — PDF NZ Gazette 1921, No 102




✨ LLM interpretation of page content

🌏 The Samoa Land Registration Amendment Order, 1921 (continued from previous page)

🌏 External Affairs & Territories
5 December 1921
Land registration, Samoa, Order in Council, Legislative amendments
  • F. D. Thomson, Clerk of the Executive Council