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Extract from Titles Register.
Rights of
customary
land-holder.
3. Every customary land-holder at the time of this Ordinance coming into force shall be entitled to have issued to him an extract from the Titles Register. Such extract to be in the form prescribed in Form H in the Schedule to this Ordinance under the seal of the Titles Office and signed by the Registrar. Every land-holder is entitled to an extract of his holding from the Titles Register free of charge in the first instance, but a fee will be charged for every subsequent extract or for a search.
4. A customary land-holder shall be deemed to have a permanent heritable and transferable right of use and occupancy in his customary land subject only
(a) to the payment of all such frown rent, land tax, or assessment as may from time to time be imposed
in respect of customary land;
(b) to the reservation in favour of the Crown of all nines and mineral products and of all buried treasure: with full liberty to work and search for the sume, paying to the customary land-bolder such compensa- tion for any damage occasioned thereby as may be assessed by the Registrar:
(e) to the reservation in favour of the Crown of the right of making roads, drains and sewers and laying down water-pipes and gas pipes, carrying electric, telephone and telegraph wires and using, repairing and maintaining the same paying to the customary land-holder such compensation for any damage oc- casioned thereby as may be assessed by the Re- gistrar. Should the land-holder be dissatisfied with such compensation he may appeal to the Supreme Court in the manner provided in section 20 hereof; (d) to the payment to any persons of such rent charge if any as the Land Court shall have decided to be payable out of such enstomary land; (e) to the right of the Crown to take possession of such land upon paying to the customary land-holder fall and fair compensation: such compensation to be fixed by the Registrar: should the land-holder be dissatisfied with such compensation he may appeal to the Supreme Court in the manner provided in section 20 hereof;
(f) to the enjoyment by any persons of all rights of way or other easements or profits to which the Land Court may have decided the land to be subject. Registration 5. All mutations in titles to customary land in the New of mutations Territories whether by transfer, or mortgage, shall be in title.
effected and registered and all mutations to such titles by transmission shall be registered in accordance with the provisions of this Ordinance and not otherwise.
Transfers.
6.-(1.) The parties to any transfer shall attend at the Titles Office either in person or by an agent authorised in writing attested by at least two witnesses whose addresses shall be stated in the attestation, and shall make applica- tion for registering the transfer producing the extract from the Titles Register issueil in respect of the land which is the subject of transfer or accounting to the satisfaction of the Rogistrar for its non-production.
(2.) As security against personation and fraud the Re- gistrar may decline to register any transfer unless an elder of the division or district in which the customary land is situate or two other respectable witnesses shall attend and identify the parties.
(3.) The Registrar, an proof being made to his satis- faction that the transferce is entitled to be registered shall enter particulars of the transfer in a Register of Transfers and shall draw up and sign a declaration in the form prescribed in Form B in the Schedule hereto and shall exuse the same to be signed in his presence by the transferor (or his agent authorised as aforesaid) and shall deposit the same in his office and shall also deposit the extract from the Titles Register if produced.
(4.) As soon as the necessary entries have been made
in the Register of Transfers the Registrar shall proceed
to note the transfer in the Titles Register and shall issue
to the transfereo an extract from the said Titles Register showing him to be the registered holder of the land transferred.
7(1) Every customary land-holder may chargo his Mortgages, interest in such land by way of customary mortgage with the payment of any principal sum of money or by way of mortgage with the repayment at an appointed time of any principal sum of money with interest.
(2.) For the purpose of effecting such a mortgage the re- gistered holder and the proposed mortgagee shall attend at the Titles Office oither in person (or by an agent authorised in writing attested by two witnesses whose addresses shall be stated in the attestation) and shall make application for registering the proposed mortgage producing the extruer from the Titles Register issued in respect of the land which is to be charged or acconuting to the satisfaction of the Registrar for its non-production,
(3.) As security against personation and fraud the Registrar may decline to register any mortgage unless an elder of the District in which the customary land is situate or two other respectable witnesses shall attend and identify the registered holder.
8.-(1.) The Registrar on being satisfied that the pro- Registration of mortgages posed mortgagee is entitled to have the charge registered as a mortgage, shall draw up and sign a declaration in the form prescribed in Form Ď in the Schedule hereto and shall cause the same to be signed in his presence by the registered bolder of the laud (or his agent authorised in writing) and deposit the same in his office and shall enter the particulars of the mortgage in the Titles Register.
(2.) As soon as the necessary entries have been made the Registrar shall endorse on the extract from the Titles Register the particulars of the mortgage and shall hand the extract so endorsed to the mortgagee.
9. In every customary mortgage the following cove- Implied nants shall be implied between the parties :--
(1.) that the mortgagee shall be at liberty to enter into possession of the land immediately the transaction has been registered ;
(2.) that the mortgagee shall while in possession be entitled to receive and retain for his own use all the rents and profits of the said land without account; (3.) that the mortgagor may at any time give six months' notice of his intention to repay on an appoint- ed day the principal mortgage money.
(4.) that no interest shall be receivable by the most- gagee in respect of the principal mortgage money.
covenants
in customary
mortgage.
10. In every mortgage other than a customary mortgage Implied the following covenants shall be implied between the covenanta parties :---
(1.) that the mortgagor shall be at liberty to retain
possession;
(2.) that the mortgagor will on the appointed day pay to the mortgagee the stated principal mortgage money and will in the meantime and thereafter it and so long as the principal mortgage money or any part thereof remains unpaid pay to the mortgagee the interest as provided for in the said mortgage; (3.) that should the mortgagor make default in pay- ment of principal or interest the mortgagee shall be at liberty to enter upon the land and receive the rents and profits thereof.
in ordinary mortgage.
11. In case default be made in payment of the principal Sate of
sum due by virtue of a mortgage other than customary mortgaged registered under this Ordinance or in the payment of property. any interest or periodical sum agreed to be paid in respect thereof the mortgagee may apply to the Registrar for
a summons calling upon the mortgagor on a day named therein to show cause why the mortgaged property or any part thereof should not be sold for the payment of the mortgage debt, If without reasonable excuse the mortgagor fails to show cause as aforesaid the Registrar may if he thinks fit make an order for the sale of the mortgaged property or any part thereof: Provided always that no such order shall be made unless and until
(1.) notice requiring payment of the principal mortgage money has been served on the mortgagor or one of any joint or several mortgagors and default has been made in payment of the mortgage money or ang portion thereof for three months after sucli service;
Or
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d. qi
12.
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