CAP. 128]
Case of lis pendens not registered.
Extension of Acts regarding re-registration.
(3 & 4 Vict. c. 82.)
Land Registration.
16. Notwithstanding the said Acts of Parliament, no lis pendens shall be registered in the Registry of the Supreme Court, or elsewhere than in the Land Office; and a lis pendens not registered in the said office shall not bind any purchaser or mortgagee of the estate intended to be thereby affected.
17. So much of the said Acts of Parliament and of the Judgments Act, 1840, and the Judgments Act, 1855, as requires the re-registering of judgments and lites pendentes after every successive period of five years, beginning from the entry thereof respectively, shall extend to all judgments, lites pendentes and orders, registered in the Land Office, and by which it is intended to affect any estate.
(18 & 19 Vict. c. 15.)
Effect of registry and re-registry and extension of 18 & 19 Vict. c. 15, s. 11.
Power to the court to order vacation of lis pendens. 30 & 31 Vict. c. 47, s. 2.
Mode of making application to the court.
18. Subject to the provisions of section 11 of the Judgments Act, 1855, for the relief of purchasers and mortgagees for valuable consideration against the judgments, Crown debts, and liabilities of paid-off mortgagees (which provisions are hereby extended to this Colony), every lis pendens registered or re-registered, and also every judgment or order re-registered in manner aforesaid, shall have the same force and effect as a judgment registered and not further or otherwise.
Vacation of registration of lis pendens.
19. The court or judge before whom any property sought to be bound is in litigation, may on the determination of the lis pendens, or during the pendency thereof, where the said court or judge is satisfied that the litigation is not prosecuted bona fide, or for other good cause shown, make an order for the vacating of the registration in the Land Office of such lis pendens without the consent of the party who registered it, and may direct the party on whose behalf the registration was made to pay all the costs and expenses occasioned by the registration or the vacating thereof, including the costs of the application to vacate, or may make such other order as to such costs or any of them as to the said court or judge may seem just.
20. The application to vacate a lis pendens under section 19 may be in a summary way by petition or motion in court or by summons in chambers, and may be made 30 & 31 Vict. c. 47, s. 2.
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