No. 1 of 1844.
LAND REGISTRATION.
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. 30 & 31 Vict. c. 47, s. 2.
Entry of discharge by Land Officer. 30 & 31 Vict. c. 47, s. 2.
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. Subject to the provisions of section II 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 (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 bonâ 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 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.
21. If an order is made for vacating any such registration, the Land Officer shall, on the filing with him of a memorial and an office copy of such order, enter a discharge of such lis pendens on the register, and may issue certificates of such entry.
16
No. 1 of 1844.
LAND REGISTRATION.
Effect of registry and re-registry and exten- sion of 18 & 19 Vict.
c. 15, s. 11.
Power to the court to order vacation of lis pendens. 30 & 31
Vict. c. 47,
5. 2.
Mode of making application
to the court. 30 & 31 Vict. c. 47, s. 2.
Entry of
discharge by
Land Officer.
30 & 31 Vict. c. 47, s. 2.
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. Subject to the provisions of section II 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 (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 bonâ 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 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.
21. If an order is made for vacating any such registration, the Land Officer shall, on the filing with him of a memorial and an office copy of such order, enter a discharge of such lis pendens on the register, and may issue certificates of such entry.
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