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Powers of Registrar.
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•Straits yo 1901
d:
Lee
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Sale to take
place at the Titles Office.
Satisfaction
(ii) some interest or periodical sum under the mortgage
is in arrear and unpaid for three months after becoming due.
Summonses and notices under this section may be served either personally or by leaving the same at the last known residence of the mortgagor.
12.-(3.) For the purposes of this Ordinance the Regis frar shall have powers similar to those vested in the Supreme Court of this Colony in any suit or action in respect of the following matters, viz.:—
(a) Enforcing the attendance of witnesses and ex-
amining them on oath, affirmation or otherwise, 46.) Compelling the production of documents.
(.) Punishing persous guilty of contempt of any order
of the Registrar.
(d) Ordering inspection of property.
(e) Making and enforcing any order which may be necessary to the proper hearing and determination of any question before the Registrar.
(2.) If it shall appear to the Registrar that any witness has made on oath a statement which is false, the Registrar muy commit such witness to prison for any period not exceeding three months with or without hard labour or may fine such witness in any sum not exceeding one hundred dollars.
13. Every sale of customary land under an order of tho Registrar for the payment of a mortgage debt shall be held at the Titles Office or at such other convenient place and at sneb time and after such notice as the Registrar may direct.
14. The Registrar shall on due proof of the satisfac- tobe recorded. tion of the mortgage, record such satisfaction on the Titles Register and thereupon the mortgage shall be deemed to bave been extinguished.
Sale or
15. No sale or mortgage of any interest in any customary mortgage to land in the New Territories shall be valid unless made in be in accord.
accordance with the provisions of this Ordinance. ance with provisions of Ordinance. Transmis. sion.
do 18
do
Leases.
16.-(1) Any person claiming to be entitled to any customary land by transmission shall attend at the Titles Office either in person or by his agent authorised in writing attested by at least two witnesses whose addresses shall be stated in the arrestation and shall make application to be registered as the castomary holder of such land and shalt produce the extract from the Titles Register last issued in respect of the land claimed or account to the satisfaction of the Registrar for its non-production.
The Registrar, if it appears to him, after a notice of such application has been published for such period and in such manner as he may prescribe and after such empiry as he may think fit to make, that the applicant is so entitled, shall make an order to that effect and furnish the applicant with a copy of such order.
(2.) Every application for registration on transmission by way of inheritance shall be accompanied by a statutory declaration in the form prescribed in Form E in the Schedule hereto and the order of the Registrar shall be in the form prescribed in Form F in the said Schedule.
Every transmission shall be noted in the Tiles Register and an extract from the said Register shall be issued to overy person entitled therete.
17.-1.) When any land is intended to be leased for a life or lives or for any term exceeding one year, the regis tered holder and the proposed lessee shall attend at the Titles Office either in person (or by an agout authorised in writing atrested by two witnesses whose addresses shnil be stated in the attestation) and shall make application for registering the proposed lease producing the extract from the Titles Register issued in respect of the land which is 10 be leased or accounting to the satisfaction of the Registrar for its nou-production. As security against personation and frand the Registrar may decline to re- gister any transfer unless an elder of the Division or Dis- trict in which the customary land is situate or two other respectable witnesses shall attend and identify the parties.
Straits
1701 Ch. 19.1
(2.) The Registrar on being satisfied that the propo- sed lessee is entitled to have the lease registered, shall draw up and sign a declaration in the form prescribed in Form I in the Schedule bereto and shall cause it to be signed in his presence by the lessor and the lessee or his agent authorised as aforesaid and shall deposit the same in his office and shall make a note of the particulars of the lease in the Titles Register.
(3.) As soon as the necessary entries have been made the Registrar shall endorse on the extract from the Titles Register the particulars of the lease and shall hand the extract so endorsed to the lessee.
(4.) In every lease there shall be implied the following Covenants implied in covenants by the lessee with the lessor, that is to say - lease.
(i) that he will pay the rent thereby reserved at the times therein mentioned, and all rates and taxes which may be payable in respect of the demised property, during the contimance of the lease; (i) that he will keep and yield up the demised pro- perty in good and tenantable repair, reasonable wear and tear excepted;
and similarly there shall also be implied the following powers in the lessor, that is to say --
(ill.) power to distrain according to law;
(iv) that he may, by himself or his agents, at all reasonable times, enter upon the demised property, and view the state of repair thereof;
(v.) that in case the rent, or any part thereof, shall be in arrear for the space of three months, although no demand shall have been made thereof, or in case default shall be made in the fulfilment of any covenant, whether expressed or implied in such lease, on the part of the lessee, and shall be continued for the space of three months, it shall be lawful for the lessor to re-enter upon and take possession of the leased premises;
uoted in the
18. The Registrar upou proof to bis satisfaction of Recovery of re-entry by the lessor, in manuer prescribed by the lease, or possession by auder the power in the last sub-section of the last preced- lesser to be ing section provided for, or of recovery of possession by Titles lessor, by any proceeding in law, shall note the same by Register. entry in the Titles Register aud the estate of the lessee in such land shall thereupon determine, but without releasing him from his liability in respect of the breach of any covenant in such lease expressed or implied, and the Re- gistrar shall cancel such lease if delivered up to him for that purpose.
19.-(1.) The registration of all mutations in title to Registration customary land effected and registered in accordance with this to be conclu Ordinance shall be ronclusive evidence that the person whose sive evidence name is entered on the Titles Register is absolutely and of title. indefeasibly entitled to be registered and the title of such person shall not be subject to be questioned on the ground of adverse possession or otherwise except in the case of fraud or misrepresentation to which such person is proved to have been a party.
(2.) A certified extract from the Titles Register if signed by the Registrar and sealed with the seal of his office shall be received in evideare in the same manner as the original.
20. Every order or award und every entry in the Re- Appeals. gister made by the Registrar under this Ordinance shall be binding on all parties and shall not be set aside, varied or expunged except in the manner in this Ordinance ex- pressly provided.
Provided always that any person who is aggrieved by any order, award or entry in the Register made by the Registrar may move the Supreme Court within one month after the registration of such order or the making of any such award or entry to set aside, vary or expunge the same.
Except as in this Ordinance expressly provided no Court shail exercise jurisdiction as to any matter relating to land within the jurisdiction given by this Ordinance to the Re- gistrar of Titles.
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