on sale, &c. of registered land, &c. Forms of conveyance in schedule hereto of registered land. Forms of conveyance in schedule as effectual as other forms. Forms may be modified or altered. Registrar to deliver land certificates. Registrar, at request of holder, to com pare certificate with registry. Alterations in certificate, and new certificate, &c. attend at the registry office to complete the transaction: The description of the land and of the estate therein proposed to be conveyed shall be taken from the "Register of Estates" and "Record of Title," and inserted under the superintendence of the registrar in one of the statutory forms of conveyance described in the schedule hereto; and such conveyance shall be executed by the parties or their agents in the presence of and attested by such persons as the registrar shall approve of, and shall then and there (together with the powers of attorney) be delivered to the registrar for the purposes of registration, who shall make the proper entries in the register accordingly. 65. THE registered proprietor of any land, estate, or interest may convey or charge the same by the forms of conveyance mentioned in the schedule hereto; and the same shall be as complete and effectual as any other form of conveyance would have been either at law or in equity. 66. THE persons taking under the statutory forms of conveyance mentioned in the schedule to this Act shall take as fully and effectually as if the estates, rights, powers, and authorities expressed to be created and given by such forms respectively had been conveyed, created, or granted by any of the modes of assurance now known to the law. 67. THE forms contained in the schedule may be modified or altered in expression to suit the circumstances of every case; and the conveyances made in such altered forms shall be equally valid and effectual. As to Land Certificates. 68. THE registrar shall, upon request, deliver to every person who is named or described in the record of title as the owner of any estate or interest in lands upon the registry a certificate (herein called a land certificate) under the seal of the office, and signed by the registrar; which certificate shall contain, first, a copy of the description of the same lands as appearing in the registry of estates, with all the entries relating thereto, and secondly, a copy of the entries relating to the same lands appearing in the record of title, and thirdly, a copy of the entries in the registry of incumbrances of the mortgages, charges, claims, and liens on or affecting the estate and interest of such owner; and such certificate shall certify whether such lands are registered with or without an indefeasible title, and shall be distinguished by the number under which the lands are registered in "the register of estates," and shall contain all such other particulars as are material or useful for the purpose of manifesting the exact nature of such owner's estate and interest. 69. AT the request of the holder, the registrar shall at any time compare such land certificate with the registry, and, if there has been no alteration, shall certify at the foot of such certificate that it contains a true statement of the entries in the registry, and shall sign the same, and add the date of such signature: Any alteration or omission which can be conveniently made in a land certificate, or any addition thereto, so as to make the same correspond with any alteration in the registry, may be made and signed by the registrar, if he shall think fit: A new land certificate may be granted on the delivery up of the former certificate: A certificate shall be granted to any person who shall appear by the register of incumbrances to be entitled to any mortgage, charge, or incumbrance on registered lands; which certificate shall contain a description of the lands and the particulars of the incumbrance. may obtain 70. WHENEVER any registered proprietor shall be desirous of selling, mort- Registered proprietors gaging, or settling any registered land or estate therein, he may obtain from desirous of the registrar a special land certificate for that purpose, which shall contain an selling, &c. exact description of the land proposed to be so dealt with taken from the special land register of estates, and shall also state the nature of the estate and interest of certificate. such proprietor therein, and the particulars of the incumbrances, if any, affecting the land described: Such certificate shall be conclusive evidence of the title of the registered proprietor to the land as appearing by the record of title: No entry shall be made by the registrar in the registry of any deed, instrument, act, or transaction affecting the land comprised in such special certificate, and the estate of the registered proprietor described therein, except on the delivery up of such certificate, until fourteen days have expired from and after the day of the date thereof: A note of such special certificate shall be entered in the record of title and in the register of incumbrances, and also on the original land certificate. 71. EVERY land certificate shall be evidence of the several matters therein Certificate to be evidence. contained. 72. THE lands, and the estate therein of the owner, described in such land Conveyance certificate, may be effectually conveyed or charged by endorsement thereon, of lands by according to any of the forms of assurance by endorsement contained in the on certificate. schedule to this Act. 73. THE deposit of the land certificate shall, for the purpose of creating a Deposit of lien on the estate and interest of the depositor, have the same effect as a certificate. deposit of the title deeds of the estate would have had before the passing of this Act; and any agreement or memoraudum in writing relating to such deposit shall be chargeable with the same stamp duty as an agreement accompanied with a deposit of the title deeds would be chargeable with. 74. EVERY person having a sufficient estate or interest in registered land, Estates, &c. in may by will, deed, or other instrument create the same estates and interests land may be created by will, in, and enter into the same contracts and engagements with respect to such &c. land as he might do if the land were not registered: Provided always, that no unregistered estate or interest, contract or engagement, for the registration whereof provision is made by this Act, shall prevail against the title of any subsequent purchaser for valuable consideration duly registered under this Act. 75. On the execution of any deed or instrument conveying, mortgaging, or On conveyance charging the estate or interest of any proprietor on the register, the original, of estate, &c. on register, or a copy of such deed or instrument, shall be sent to the registrar by the deed or copy grantee or person taking benefit under the same: Such copy shall be compared to be sent to registrar. with the original in such manner as the registrar shall direct, who shall require the original to be produced or inspected for that purpose in such manner as he shall think fit; and such original deed or instrument shall in every such case be stamped or endorsed so as to give notice of the registration thereof under this Act to every person to whom the same may be afterwards produced. received by 76. So soon as the original or the copy of any deed or instrument in When deed writing whatsoever affecting registered land, or creating or affecting any estate or interest therein, has been received by the registrar, such deed or instrument, and the estate and right created thereby, shall be deemed to have registrar, estate created to be deemed duly registered. Notice when to be sent to registrar, &c. Where estate transmitted to any person by descent, &c., such person to be registered. Notice to be given to heir at been duly entered on the registry: An official note of reference to such deed or instrument shall forthwith on receipt thereof be made by the registrar in "The Record of Title," or "Register of Incumbrances," as the case may be: Provided always, that such deed or instrument, and the estate and right created thereby, shall not be deemed to have been entered upon the registry so as to affect any land comprised in any such special certificate as hereinbefore mentioned, until after the expiration of the time herein-before limited for the entry of any deed, instrument, act, or transaction affecting such land. 77. NOTICE of every instrument transferring, or in any wise dealing with or affecting the ownership of or the right to receive money due on any mortgage, charge, or incumbrance entered on the registry, shall be given to the registrar, who shall note the same in the "Registry of Incumbrances." 78. WHERE the estate or interest of a registered proprietor is transmitted on his death to any other person by descent, will, or representation, such other person shall be entered on the register in the place of the deceased proprietor: If such person cannot be ascertained, or there shall be any doubt, dispute, or litigation touching the ownership of the estate of such deceased proprietor, it shall be lawful for the Court of Chancery to appoint a person to be registered in the room of such deceased proprietor as the representative of such estate or interest. 79. On the application of any devisee for registration of a will, or of his law of applica- estate or interest under the same, the registrar may require notice to be given to the heir at law of the testator. tion for registration of a will. In case of bankruptcy, assignees to be registered. Memorial of will may be registered instead of copy thereof. Execution, &c. to be proved as registrar may require. Memorials of descents, &c. 80. ON the bankruptcy of any registered proprietor, the assignee or assignees of his estate shall be entitled to be registered in his place. 81. In lieu of a copy of a will, a memorial thereof, containing a copy of all the provisions in the will relating to or affecting any registered land, may be delivered to the registrar for the purpose of registration: Provided, that the registrar shall ascertain the sufficiency of the memorial by an examination of the will or a copy thereof. 82. THE execution of the original deed, will, or instrument so proposed to be registered, and the exactness of every copy or memorial delivered for registration, shall be proved in such manner as the registrar shall from time to time require. 83. MEMORIALS of descents, deaths, marriages, and of the evidence thereof to be registered. respectively, and such other memorials and evidence of matters relating to registered lands as the registrar shall, on the same being delivered to him, deem important, shall be registered; but all such documents shall be printed for that purpose. Registrar to note effect of instruments, &c. Official note, 84. ON receiving any instrument hereby directed to be registered the registrar shall make an official note of the effect of every such instrument, judgment, order, or decree in the record of the title of the person whose estate or interest is affected thereby; and he shall also enter on the record of title a reference to the book and page of the book containing such registered instrument or memorial. 85. AN official note of an instrument entered on the register may consist of what to contain, a reference to such instrument, or of an extract therefrom, or of a short statement of the effect or nature thereof, or of an intimation that no disposition is to take place without the consent of some person named in such instrument, or of such matters and in such form as the registrar shall deem right, or as shall be from time to time directed or allowed by any general order. 86. For the purpose of registration a printed copy of every deed or instrument not testamentary, under or by virtue of which any interest or right is claimed in or to any registered land, may be delivered to the registrar; but if the original or a written copy of any such deed or instrument be delivered to the registrar, the same shall be printed by his order, but at the expense of the person registering the same. Printed copy of delivered to registrar. deed, &c. to be Registrar in certain cases may remove 87. THE registrar, upon the application of the person entitled under any registered instrument, or upon its being proved that the purpose of such instrument is determined or satisfied, may remove the same from the register instrument from register, and erase or cancel any official note thereof; and thereupon such instrument and erase and any memorial thereof may be destroyed or otherwise dealt with as the official note. registrar may think fit. registered land effectual until stamp and ad 88. No dealing with any registered land, nor any instrument or transac- No dealing with tion affecting the same or any estate or interest therein, shall be completed, entered, or noticed on the register, until the registrar shall be satisfied that the stamp and ad valorem duties which would be payable to Government in respect of the same matters have been duly paid. valorem duties paid. PART IV. GENERAL PROVISIONS TO FACILITATE REGISTRATION. Money charge not ascertained, &c. may be referred to judge at 89. IF on the examination of any title it shall appear that the land or any part of it is subject to any money charge or incumbrance, the ownership of which is not ascertained, or the right to which is doubtful or uncertain, or to any doubtful or uncertain right or claim which may be estimated or compen-chambers. sated by money, and does not involve a right to the land itself otherwise than as a security for money, the case may, at the request of the applicant for registration, be referred to a judge of the Court of Chancery sitting in chambers for the purpose of determining whether such right or claim and the costs of any party entitled by virtue thereof can be justly provided for by payment of money into Court, and if so to fix the sum to be so paid in, and direct the investment and application of the interest thereof; and after such payment shall have been made, the land and the title thereto shall be wholly discharged from such right, claim, charge, or incumbrance, as fully as if the same had never existed. 90. WHERE any part of the money arising from the sale of a registered estate is not immediately distributable, or the persons entitled thereto cannot be fully ascertained, it shall be competent for one of the judges of the Court of Chancery, on any application for that purpose made with the concurrence of the registrar, to direct any sum of money arising from such sale to be paid into the Court of Chancery, or otherwise invested, and to declare the account or purpose to or for which such money is to be transferred or holden, and afterwards to make all such orders touching such money, and the investment, application, and distribution thereof, as the circumstances of the case may require. Judge may order money of Chancery. Deeds to be 91. WHEN an estate is entered on the register, whether with or without an indefeasible title, all such deeds and evidences of title as shall be produced to of registration. the registrar, under any of the provisions aforesaid, shall be stamped or stamped so as to give notice Julge may decide ques tions of priority of incunibrances, &c. As to conveyance, &c. of land. endorsed in such a manner, under the direction of the registrar, as to give notice to any person to whom such deeds or instruments may be afterwards produced that the land, or some portion of the land comprised therein, has been registered under this Act. 92. IF in any proceeding under this Act any question shall arise respecting the priority of any charges or incumbrances, claims or interests, it shall be competent to the registrar to report the same to a judge of the Court of Chancery, who shall have power to summon all parties interested to attend him either in court or at chambers, and to decide all questions touching the priority and relative rights of the parties, as fully as if they were parties to a suit instituted for the purpose. As to Restraint of Conveyance. 93. WHERE the registered proprietor of any land or charge is desirous for restrictions on his own sake, or at the request of some person beneficially interested in such land or charge, to place restrictions on transferring or charging such land or charge, such proprietor may, upon application to the registrar, direct that no transfer shall be made of or charge created on such land or charge, unless the following things, or such of them as he may prescribe, are done; (that is to say,) Unless notice of any application for a transfer or creation of a charge is transmitted by post to such address as he may specify to the registrar: Unless the consent of some person or persons, to be named by such proprietor, is given to the transfer or creation of a charge: Unless some such other matter or thing is done as may be required by the applicant and approved by the registrar. 94. THE registrar shall thereupon make a note of such directions on the record of title of such proprietor, or otherwise as he shall think fit; and no transfer shall be made or charge created except in conformity with such directions; and any such directions may at any time be withdrawn or modified at the instance of all the persons for the time being appearing to the registrar to be interested in such directions, and shall also be subject to be set aside by the order of a judge of the Court of Chancery. 95. For the purpose of authorizing or compelling a transfer to be made of any registered land or charge, the Court of Chancery may exercise all such powers as are vested in it by the Trustee Act, 1850, or by any Act amending the same, in relation to transfers of stock. any Caution. 96. ANY person interested under an agreement, or otherwise howsoever, in land or charge registered in the name of any other person, may lodge a caveat with the registrar to the effect that no disposition of such land or charge be made until notice has been served upon the cautioner. 97. THE caveat shall be supported by an affidavit made by the cautioner or his agent, in such form as the registrar shall direct, stating the nature of the |