interest of the cautioner, and such other matters as may be required by the registrar.

notice served

on cautioner.

98. AFTER any such caveat has been lodged in respect of any land or Statutory disposition of charge, the registrar shall not register any disposition thereof until he has land not to be served notice on the cautioner, warning him that his caveat will cease to have registered until any effect after the expiration of twenty-one days next ensuing the date of such notice; and after the expiration of such time as aforesaid the caveat shall cease, unless an order to the contrary is made by the Court of Chancery; and upon the caveat so ceasing the land or charge shall be dealt with in the same manner as if no caveat had been lodged.

99. IF before the expiration of the said period of twenty-one days the Cautioner to cautioner, or some other person on his behalf, appears before the registrar, give security against damage and enters into a bond, with sufficient security, conditioned to indemnify sustained by delay of every person against any damage that may be sustained by reason of any disposition of disposition of the property being delayed, the Court of Chancery may there- property. upon, if it thinks fit so to do, make an order on the registrar requiring him to delay registering any disposition of the property for such further period as is mentioned in the order.

caution without

100. If any person lodges a caveat with the registrar, he shall be liable to Compensation make, to any person who may have sustained damage by the lodging of for lodging such caveat, such compensation as a judge of the Court of Chancery shall reasonable deem just.

Injunction.

cause.

101. THE Court of Chancery may, without prejudice to the exercise of any Court of Chanother power of the Court, upon the application of any person interested in any order restraincery may issue registered land made in such manner as the Court directs, issue an order ing disposition of land, &c. restraining for a time, or until the occurrence of an event to be named in such order, or generally until further order, any disposition of any land or charge.

Court of Chancery may refuse terms, &c. to such order, &c.

or annex

102. THE Court may make or refuse any such order, and annex thereto any terms or conditions it may think fit, and discharge such order when granted, with or without costs, and generally act in the premises in such manner as the justice of the case requires; and the registrar, without being made a party to the proceedings, upon being served with such order or an official copy thereof, shall obey the same. 103. NOTHING contained in this Act shall take away or affect the existing Jurisdiction of jurisdiction of courts of equity, on the ground of actual fraud.

104. THE provisions of the several Acts of Parliament now in force relating to the registries which have been established in the counties of Middlesex and York shall cease to be applicable to any land situate in the said counties respectively, so soon as the same land has been put upon the register under the provisions of this Act, and whilst it remains thereon.

Penalty on Fraud, &c.

courts of
equity for fraud.

Acts relating to registries in York not to apply to land on register under this Act.

Middlesex and

false statement,

105. Ir in any proceeding to obtain the registration of any land, or any Person making land certificate or certificate of title, or otherwise in any transaction relating guilty of to land which is or is proposed to be put upon the registry, any person acting misdemeanor. either as principal or agent shall, knowingly and with intent to deceive, make or assist or join in or be privy to the making of any material false statement

་

Remedies

of persons

aggrieved by any act declared a

misdemeanor.

Provision as to answers to

bills in equity, &c.

Establishment

of Office of

or representation, or suppress, conceal, or assist or join in or be privy to the suppressing, withholding, or concealing from any judge, or the registrar, or any person employed by or assisting the registrar, any material document, fact, or matter of information, every person so acting shall be deemed to be guilty of a misdemeanor, and on conviction shall be liable to be imprisoned for a term not exceeding three years, and either with or without hard labour, or to be fined such sum as the court by which he is convicted shall award: The act or thing done or obtained by means of such fraud or falsehood shall be null and void to all intents and purposes, except as against a purchaser for valuable consideration without notice.

106. No proceeding or conviction for any act hereby declared to be a misdemeanor shall affect any remedy which any person aggrieved by such act may be entitled to, either at law or in equity, against the person who has committed such act.

107. NOTHING in this Act contained shall entitle any person to refuse to make a complete discovery by answer to any bill in equity, or to answer any question or interrogatory in any civil proceeding, in any court of law or equity, or in the Court of Bankruptcy; but no answer to any such bill, question, or interrogatory shall be admissible in evidence against such person in any criminal proceeding.

OFFICE OF LAND REGISTRY, POWERS OF COURT OF CHANCERY, AND

MISCELLANEOUS.

108. AN office, to be called the Office of Land Registry, shall be established; and the business of such office shall be conducted by a registrar, with the aid Land Registry of such number of assistant registrars not exceeding three, examiners of title, clerks, messengers, and servants, as the Lord Chancellor may fix with the consent of the Commissioners of Her Majesty's Treasury.

109. THE registrar shall be a serjeant-at-law or barrister of ten years standing at least: He shall be appointed by Her Majesty by Letters Patent, and shall hold his office during good behaviour: Upon any vacancy occurring in the office of registrar, Her Majesty may, by Letters Patent, appoint a person to fill such vacancy.

110. THE assistant registrars and examiners of title shall be appointed by the Lord Chancellor, and may be removed by him for negligence, want of skill, untrustworthiness, or inability to perform their duties; the clerks shall be also appointed by the Lord Chancellor, and shall hold their offices during his pleasure; and upon any vacancy occurring in the office of any assistant registrar, examiner of title, or clerk, the Lord Chancellor may appoint another person in his place: The messengers and servants shall be appointed by the registrar, and shall hold their office during the pleasure of the registrar; and all such assistant registrars, clerks, messengers, and servants shall, in the execution of their duties, conform to such regulations as may be issued by the registrar.

111. THERE shall be paid out of monies to be provided by Parliament,
To the registrar a salary of two thousand five hundred pounds a year :
To the assistant registrars, clerks, messengers, and servants, such salary as

the Lord Chancellor, with the consent of the Commissioners of the Treasury, shall determine :

All incidental expenses of carrying this Act into effect.

pension of registrar.

112. HER Majesty may, by Letters Patent under the Great Seal of the Retiring
United Kingdom, grant to any registrar, after a service of twenty years if he
shall have then attained the age of sixty years, or in the event of his being
disabled by permanent infirmity from the performance of the duties of his
office, a pension by way of annuity not exceeding two thirds of his salary to
continue during his life.

tion of officers

113. THE Lord Chancellor may, with the consent of the Commissioners Superannuaof Her Majesty's Treasury, order to be paid to any officer or person employed other than in the registry office, other than the registrar and examiners of title, who is registrar. disabled by permanent infirmity from the performance of the duties of his office, or who has attained the age of sixty years, and has served in the registry office for twenty years, and is desirous of resigning, such super

annuation allowance as is authorized with respect to persons in the permanent 22 Vict. c. 26. Civil Service of the State by "The Superannuation Act, 1859."

GENERAL PROVISIONS.

lands.

114. WITH respect to lands vested in Her Majesty, her heirs or successors, Crown, &c. either in right of the Crown or of the Duchy of Lancaster or otherwise, or vested in any public officer or body in trust for the public service, the public officer or body having the management thereof, if any, or, if none, then such person as Her Majesty, her heirs or successors, shall by writing under her Sign Manual appoint, may and shall (whether the land be vested in him or them or not) represent the owner of such lands for all the purposes of this Act, and shall be entitled to such notices, and may make and enter any such application or caveat, and do all such other acts, as any owner of lands for an estate in fee simple is entitled to receive, make, enter, or do under the provisions of this Act; and with respect to lands belonging to the Duchy of Cornwall, such person as the Duke of Cornwall for the time being, or as the personage for the time being entitled to the revenues and possessions of the Duchy of Cornwall, shall in writing appoint, may and shall act as and represent the owner of such lands for all the purposes of this Act, and shall be entitled to receive such notices, and may make and enter any such application or caveat, and do all such other acts as any owner of lands for an estate in fee simple is entitled to receive, make, enter, or do under the provisions of this Act; and it shall be sufficient that any oaths, affidavits, or declarations required by this Act be taken or made by any such public officer, body, or person as in this section mentioned, or by any person nominated in writing by any such public officer, body, or person, and, in either case, without any solicitor joining in any affidavit or declaration; and it shall not be necessary for any such public officer, body, or person as in this section mentioned to enter into any such bond as in this Act mentioned, nor to give any security for costs; nor shall they or any of them be liable in damages except for any acts done wrongfully and without reasonable cause.

115. WHERE any married woman is desirous of making any application, Provision as to giving any consent, or doing any act, or becoming party to any proceeding applications under this Act, her husband's concurrence shall be required, and she shall be married

made by

women.

examined apart from her husband touching her knowledge of the nature and effect of the application or other act, and it shall be ascertained that she is acting freely and voluntarily; and such examination may be taken by the Court or by such persons as are authorized to take acknowledgments of deeds by married women under the Act of the third and fourth years of King 3 & 4 Will. 4. William the Fourth, chapter seventy-four, "for the abolition of fines and "recoveries, and for the substitution of more simple modes of assurance"; and the form and manner in which such examination is to be certified to the Court shall be determined by the general rules and orders to be made under this Act: A married woman entitled to her separate use, and not restrained from anticipation, shall for the purposes of this Act be deemed a feme sole.

c. 74.

Provision as to other persons under disability.

Appointment

of next friend of married

woman.

Registrars, &c.

116. WHERE any person who (if not under disability) might have made any application, given any consent, done any act, or been party to any proceeding under this Act, is a minor, idiot, or lunatic, the guardian or committee of the estate respectively of such person may make such applications, give such consents, do such acts, and be party to such proceedings, as such person respectively, if free from disability, might have made, given, done, or been party to, and shall otherwise represent such person for the purposes of this Act; where there is no guardian or committee of the estate of any such person as aforesaid, being infant, idiot, or lunatic, or where any person, the committee of whose estates if he were idiot or lunatic would be authorized to act for and represent such person under this Act, is of unsound mind or incapable of managing his affairs, but has not been found idiot or lunatic under an inquisition, it shall be lawful for the Court of Chancery to appoint a guardian of such person for the purpose of any proceedings under this Act, and from time to time to change such guardian; and where the Court sees fit it may appoint a person to act as the next friend of a married woman for the purpose of any proceeding under this Act, and from time to time remove or change such next friend.

117. THE registrars and assistant registrars are hereby empowered to may administer administer oaths and take statutory declarations in lieu of oaths in all prooaths, &c. ceedings under this Act.

Loss, &c. of

118. IF any land certificate is lost or destroyed, the registrar may, upon land certificate. being satisfied of the fact of such loss or destruction, grant a new land certificate in the place of the former one, and shall state upon the face thereof that it is granted in substitution for the former certificate; but no such new certificate shall be of any avail against any person who may have already derived title under the former certificate.

Granting of

new certificates.

Lord Chan

rules and

orders for

carrying into effect purposes of Act.

119. THE registrar may, upon the delivery up to him of a land certificate, grant a new certificate in the place of the one delivered up.

120. THE Lord Chancellor, with the advice and assistance of any two of cellor to make the judges of the Court of Chancery, shall from time to time make such general rules and orders as he may see fit for carrying the purposes of this Act into effect, and for regulating the times, form and mode of procedure, and generally the practice of the Court in respect of the matters of this Act; and such rules and orders may from time to time be rescinded or altered by the like authority; and all such rules and orders shall take effect as general orders of the Court.

of duties

ment of addi

121. THE Lord Chancellor may from time to time assign the duties vested Assignment in the Court of Chancery in relation to the matters of this Act to any par- to judges, ticular judge or judges of that Court, and may appoint such new or additional and appointclerk or clerks as to him may seem necessary for enabling such judge or judges tional clerks duly to execute such duties; and every such additional clerk shall receive of judges. such salary as the Lord Chancellor may think proper.

122. THE registrar shall, with the sanction of the Lord Chancellor, frame, Forms to be and cause to be printed and promulgated, as he sees occasion, forms of appli- printed and promulgated. cations, and directions indicating the particulars of the information to be furnished when any application is made to him under this Act, and also forms of instruments, and such other forms and directions as he may deem requisite or expedient for facilitating proceedings under this Act.

123. A seal shall be prepared for the Land Registry Office; and any Seal of Land instrument purporting to be sealed with such seal shall be admissible in

evidence.

Registry Office,

Addresses of
proprietors,
&c. to be given

124. A place of address shall be given to the registrar for every person in England whose name is entered on the register of title as proprietor of land, of a charge, or as cautioner, or as entitled to receive any notice, or in any to registrar. other character.

orders.

125. THE registrar shall, with the sanction and under the direction of the Registrar to Lord Chancellor, from time to time frame general orders for regulating the frame general manner of registering land, the examination of titles, the transfer, transmission, and withdrawal of official notes and caveats, the keeping the registers of title and assurances, and generally for the due execution of the provisions of this Act, and for giving effect to the objects thereof.

have effect

126. ANY general orders so made by the registrar with such sanction as Such orders to aforesaid shall be of the same force as if enacted by Parliament: They may from time to time be rescinded, added to, amended, or altered in like Parliament,

manner.

as Act of

&c.

Fees.

127. THE registrar shall, with the sanction of the Lord Chancellor, Registrar to determine the amount of payments to be made with respect to the following amount of fees.

matters:

The first entry on the register of title of land and charges on land:

The registration of transfers and transmissions of land and charges, and all other matters to be done by the registrar:

The registration of instruments and the withdrawal of such instruments : And the registrar may, with the like sanction, from time to time alter any amounts so determined; but all payments mentioned in this section shall be paid into the receipt of Her Majesty's Exchequer, and carried to the account of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

determine

Fees to be

paid into the

Exchequer, &c.

128. In determining the amount of fees payable in respect of entries on Matters to be the register of title under this Act, regard shall be had to the following determining

matters:

1. In the case of the registration of land or of any transfer of land on the occasion of a sale,-to the value of the land as determined by the amount of purchase money :

considered in

amount of fees.