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Land Transfer.

[40 ▼IOT.]

A.D. 1886.

Time of publication of neties.

Mode of showing

firmation of

title.

8. The publication of such notice shall take place during the month of November in the year in which the application is made, and during the month of November in each of the four years next succeeding such last mentioned year.

9. Any person desirous of showing cause against the con- 5 firmation of the title may, at any time within the period of five against con- years, apply to the Land Transfer Board in manner prescribed by any general rule made under this Act, and by any such rule power may be given to the Board to refer any case brought before them, or any question therein, immediately to the High Court of Justice, 10 but in the event of the rule empowering the Board to hear the case, it shall be provided that either party to any case heard by the Board may, if dissatisfied with the decision of the Board, appeal to the

Confirma- sion of title at expira- tion of time.

court.

10. At the expiration of the period of five years from the date 15 of the first publication of the notice by the Land Transfer Board, if no application has been made to show cause why the title should not be confirmed, or if such application has been made within the said period or such extension of time as the court may, for the purpose of determining the same, think necessary, and is 20 held to be insufficient to prevent the confirmation of the title, the applicant for confirmation of title may apply to the Land Transfer Board to make an entry in the register confirming his title, but any such application shall be accompanied by an affidavit or declaration of the applicant in the prescribed form stating that 25 he has immediately before making such affidavit or declaration made due inquiry into his title, and believes that the confirmation of his title will not prejudice or affect the right of any other person to any estate or interest in the land. Upon the receipt of such application, accompanied as aforesaid, the Land Transfer Board 30 shall make an entry in the prescribed form in the register con. firming the title of the applicant, and from and after the date of such entry being made, the title of the proprietor so applying shall be deemed to be absolute in the same manner as if he had been registered with an absolute title on the day on which the applics- 35 tion to confirm his title was made, so far as may be necessary for conferring an absolute title or any registered purchaser or regis- tered mortgagee deriving title from the applicant, but shall not affect or prejudice, as between the applicant and any person claiming under him by virtue of any trust or equity, the title of such 40 claimant: Provided that any person who is on the day of such entry being made, or has been during any portion of two years previously

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