24
APPENDIX TO REPORT FROM THE LAND COMMISSION OF 1886-87.
Trustees may sell, &c., notwithstand-
ing rules.
[37 & 38 Vict.,
c. 78, 8. 3.]
Vendor or
purchaser may obtain docision of Judge in chambers as to requisitions or objections, &c. 137 & 38 Vict., c. 78, s. 9.].
Coples of
deeds, &c. to be made by land officer.
Notarially certifled copies * of powers of
attorney, &c., to be regis- tered.
True copies of memorials of deeds, &c., registered prior to the commence- ment of
Ordinance to be evidence.
Commençe- ment of Ordinalice.
Fifth. Where the vendor retains any part of or any interest in any estate to which any documents of title relate, he shall be entitled to retain such documents but shall, at his own expense if required, give to the purchaser notarially certified copies of such documents as he shall retain ;
Sixth. The inability of the vendor to get in the legal estate of and in any land contracted to be sold which shall have been outstanding for a period of at least twelve years immediately preceding the date of the contract shall not be an objection to title.
13. Trustees who are either vendors or purchasers may sell or buy without excluding the application of the 10th section of this Ordinance.
14. A vendor or purchaser of land, or their representa- tives respectively, may at any time and from time to time apply in a summary manner to a Judge of the Court in Chambers in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of, or connected with the contract not being a question affecting the existence or validity of the contract, and thereupon the judge shall make such order as to him shall appear just, and shall order how and by whom all or any of the costs of and incident to the application shall be borne and paid.
15. The land officer shall make and retain in the Land Office a copy (certified by him to be a true copy) of every deed, probate, letters of administration, judgment, or other instrument, or writing, whether under seal or not, which shall be registered in the Land Office under Ordinance No. 3 of 1884, or Ordinance No. 10 of 1856, and such certified copy shall be taken to be sufficient evidence of the original deed, probate, letters of administration or other instrument or writing of which it is a certified copy.
16. Where any person shall desire to register in the Land Office any deed, or other instrument, or writing, whe- ther under seal, or not, which shall have been or shall pur-. port to have been executed or signed by the attorney of any party thereto under a power of attorney or other authority in writing such person shall simultaneously with such regis- tration deposit in the Land Office a notarially certified copy of such power of attorney or other authority, and such notarially certified copy shall be taken to be sufficient evi- dence of the original power of attorney or authority of which it is a notarially certified copy, and any deed or other instrument, or writing, whether under seal or not, which prior to the commencement of this Ordinance shall have been or shall purport to have been executed or signed under or by virtue of any power of attorney or other authority in writing whether such power of attorney or other authority can be produced or not shall, unless and except so far as the contrary be proved, be deemed to have been duly and lawfully executed in pursuance of such power of attorney or other authority, and such power of attorney or other autho- rity shall, unless and except so far as the contrary be proved, be deemed to have contained full and sufficient power and authority for the execution or signature of such deed or other instrument or writing.
17. A copy certified by the land officer to be a true copy of the registered memorials of any deed or other instrument or writing which shall have been registered in the Land Office prior to the commencement of this Ordinance shall, unless and except so far as the same shall be proved to be inaccurate, be taken to be sufficient evidence of the contents, and due execution of the deed, or other instrument or writing of the memorial of which it is a certified copy.
18. This Ordinance shall commence and take effect on the
day of
1885.