No. 1 of 1844.
Extension of Acts of Parliament.
LAND REGISTRATION.
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 Acts of Parliament 3 & 4 Victoria, chapter 82, and 18 & 19 Victoria, chapter 15, as requires the re-registering of judgments and lites pendentes after every successive period of 5 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. Subject to the provisions of section 11 of the Act 18 & 19 Victoria, chapter 15, for the relief of purchasers and mortgagees for valuable consideration against the judgments, Crown debts, and liabilities of paid-off mortgagees (and 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.
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 the last section may be in a summary way by petition or motion in Court or by summons in Chambers, and may be made by any person interested in the property against which the lis pendens has been registered, whether such person is a party to the lis pendens or not.
* As amended by No. 50 of 1911.
21. The Land Office shall receive and file all instruments, of whatever nature or description, presented for registration, and shall grant a receipt for the same; and such receipt shall be prima facie evidence of the registration of such instrument.
22-24 ...
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No. 1 of 1844.
Extension of Acts of Par-
liament.
*
Effect of registry and re-registry and exten- sion of 18 &
LAND REGISTRATION.
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 Acts of Parliament 3 & 4 Victoria, chapter 82, and 18 & 19 Victoria, chapter 15, as requires the re-registering of judgments and lites pendentes after every successive period of 5 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. Subject to the provisions of section 11 of the Act 18 & 19 Victoria, chapter 15, for the relief of purchasers and mortgagees for valuable consideration against the judgments, Crown debts, and 19 Vict. c. 15 liabilities of paid-off mortgagees (and 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.
s. 11.
*
Power to the Court to
order vaca- tion of
l's pendens.
e. 47 s. 2.]
*
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 30 & 31 Vict. satisfied that the litigation is not prosecuted bona fide, or for other good cause shown, make an order for the vacating of the registra- tion 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.
Mode of making ap- plication to the Court.
[ib.]
20. The application to vacate a lis pendens under the last section may be in a summary way by petition or motion in Court or by summons in Chambers, and may be made by any person interested in the property against which the lis pendens has been registered, whether such person is a party to the lis pendens or not.
* As amended by No. 50 of 1911.
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