Registration of Titles Act

REGISTRATION OF TITLES
THE REGISTRATION OF TITLES ACT

ARRANGEMENT OF SECTIONS
1. short title.
Prelimiruuy
2. Partial repeal of laws and practice as to interests in l n ad
3. Interpretation.
Appointment, Powers and Functions of O%kers 4. Registrar of Titles. his appointment. 5. Appointment and qualification of Deputy Registrar. 6. Constitution of panel of Referca 7. Salary and fees of Registrar and Referees. 8. Salary of Deputy Registrar. 9, Acting Appointments. 10. oftice of Registrar. 11. Registrar may give authority to sign. 12. Judicial notice of seal o office and signature of Registrar. f 13. seal of the oftice of Tte,Jamaica. ils 14. As to Registrar and Referees practising. 15. Powers and duties of Registrar and Referee.
16. Notice of Deputy K e e of the R c r s of land brought under epr eod the operation of this Act. 17. Conveyances or transfers under the Settled Land Act, need not be recorded. 18. Contribution to the Assurance Fund. 19. Registrar to keep accounts and duly account for all moneys. 20. Contributionst Assurance Fund, how to be dealt with. o 21. Power of Registrar to make regdations and alter fonns in
Schedules.
m e inclusion of this page is authorized by L.N.
480/1973]
22. Power to state a case. 23. Appointment of Valuers.
Procedure in bringing Land under the operation of this Act

24. How land brought under this Act. 25. Registration of title as absolute or qualified.
Registration of proprietor with absolute title, effect thereof. Registration of propnetor with a qualified title, effect thereof. Who may apply to have land brought under this Act. What evidence. particulars and fees must accompany application, Identification of land. Reference of application and evidence to Referee, and p r d ings thereon. 32. What incumbrances shall not prerent approval of title. 33. Notification of provisional approval of title. 34. In certain cases Referee not to proceed unless a p p W acquiesce^ in his provisional decision. 35. Remedy of applicant if dissatisfied. 36. Publication and service of notice of provisional approval. 37. If no caveat entered title to be registed. 38. Authority for payment to solicitor. 39. Application by lessees. 4 . Production of documents. 0 41. Withdrawal of application. 42. As to the possession of and dealing with dacpdacnts title of persons registered.
26. 27. 28. 29. 30. 31.
Caveat d@?W Registmtion of Ldd

43. Caveat against bnnging land under tbi$ Act. 44. Notice of caveat. Procedure for dealing with same. 45. Lapse of caveat if not followed up by. Caveat not renewable. 46. Dcath of applicant before catifkate.
idusion d thia page i urthorimd by W.MW1973l s
REGISTRATION OF TITLE3 Registraiion of Lund with doubt/ul Title

47. Bringing land with doubtful t t e under this Act. il
O m e Copy of Decree of Order as Evidence of Title

48. How far office copy of decree or order of a Court accepted by
the Referee as evidence of tte il.
Purchaser requiring Registered Title

49. Purchaser may require registered title under this Act. 50. Duties of vendor if purchaser exercises option. 51. Costs. how to be p i ad
Registration in lieu of Patent

52. Registration of lands granted by the C o n in lieu of patent rw 53. Patent &ent evidence of title.
Re-registrm'on of Registered Land by Plan

54. Registration by plan of registered land.
Mode of application. Direction by Refexee. Register Book;Mode of Registering;and effectof Registration
5 . How land to be *brought 5 under the operation of this Act, 56. Receipt for certificate o title. f 57. Grants for public purposes. 58. What constitutes registration under this Act. 59. Order and priority of registration. 6 . A to trusts. 0 S 61. Contents of memorandum entered in Register Book. 62. Entry of memorandum of instrument. proceedings thereon and effect thereof. 63. Effect of registration or non-registration of instruments affecting lands brought under this Act.
m inelusion o &hiepage i authorized by e f s
U 4110/19731 .
64. Issue of certificates of tte il 65. Joint tenants. tenants i common and copar#nCfS. n 66. Procedure as to registration of two or more pint proprkbrs. 67. Proceedings to obtain order of the Court for transfer of land. 68. Certificate of title conclusive evidence of title. 69. Use of certificate of title i actions between vendor and purchasar. n 70. Preferential and prior rights defeated in favour of m & W proprietor. Incumbrances not specially notified to which registcnd land to be subject. 71. Protection to parties dealing with rcghtcred proprietor. 72. Rights, etc., of registered proprietor of an estate of fmhok! subject to a lease. 73. Rights and liabilities of person for time being ngistend aa proprietor. 74. U e by beneficiary in any action of the name o any proprietor. s f 75. Effect of a certificate subject t a m r g g or other o otae
as preserving al rights of such incumbraacar. l
lnsptxtion of Register Bo&k

76. Inspection of Register Book and copies u document& f
Provisions as to Certi@ate#
77. 78. 79. 80.
As to exchanging certificates.
References to be noted in Register to eaable title t b traced. o What Registrar may require. Registrars power to amend. 81 Power of Registrar to dispense with the production of tho duplicate certificate of title and the ccrtibtc of tte in certain il
cases. 82. Proceedingson certificate of title being lost, etc. 83. Construction of certificate of tte il. 84. Married women.
m inclusion of this page i s authorized by L.N. e
480/ 19731
Titk acquired by possession of registered land
85. Who, may apply for registration of title acquired by po~~~ssiOn. 86. Procedun for malung and dealing with applications under d o n 85. 87. Cancellation of existing title and registration of tte acquired il
by posacssion.
Transfers
88. Transfer of rcgiStaFpd land 89. E M of w 4 transfer. c1 90. Powers of transfer by proprietor of registered land 91. How trrrasfcr @&ered. 92. Implied covenrrntr by tranderet of.landsubject to a charge. 93. Fnlwrmts and rights of way.
Lasses
94. Loam of registered land. 95. Implied covenants by lessec. 96. Implied powers in lessor. 97. Adoption of short forms of provisions and covenants. 98. Implied covenants in transfer of kase or of a grant for years 99. E t y of recovery of land by lessor. nr 100. Transmission on bankruptcy of lessor. 101. Surrender of lease. 102. Under leases.
MOrt&W&WS
and charges
103. Mortgages and charges atfecting land. Mortgages t builfing society. o Effect of registering a niorlgagc. Power of sale in cases of default. Application of purchase money. 1 1 . Effect of registration of a triiisfer by niorlgagee or annuitant. 01
104. 105. 106. 107.
[The inclusion of this page is authorized by L.N. 4110/1973]
HEGISIRATION OF TITLES
109. Power of cntry and foreclosure by mortgagee or annuitant. 110. Powcr of distress in cases of interest or annuity behg i m. n 11 1. Covaiants implied in mortgages. 112. Liability of mortgagees or annuitants entering on leased land. 113. Short covenant for insurance. 114. Rights of mortgagees reserved until discharge or transfer is
registered.
115. As to consent of mortgagee to action by mortgagor. 116. Application of money awarded to mortgagor for waste or damage
to mortgaged land. 117. Summons by mortgagee for payment of money according t o section 116. J 18. Application of money recovered by mortgagee. 119. Proceedings for foreclosure before the Registrar. 120. Order for foreclosure. effect thereof. 121. Discharge ofmortgage claims or other charge on lands. 122 Discharge of annujty. 123. Discharge when mortgagee dead. OT absent from JmSJca O ; cannot be found and unrepresented. 124. Leases by mortgagees. 125. Appointment of receiver by mortgagee.
Subdivision for Sale b j Lbsa
126. Subdivision of land for selling out in lots.
Execution ofInstruments by Corporations

127. Execution of instruments by corporations.
Implied Powers and Covenants

128 Implied covenants and powers and modificatiom.
Compulsory Registration
120 Circumstances in which registration shall be compulsory.
m e
inclusion of this page is authorized by L.N. 480/19731
REGISTRATION OF TITLES Registratiog an TmnsmissiOn

130. Registration of title by transmission. 131. Procedure where there is any doubt, etc.. under d o n 130 as to the true construction. etc.. of any wiu etc. 132. Registration of proprietorship. 133. Payment of succession duty and estate duty.
Registration of Tmnsfer on Sale under a Writ or Order and of Vesting Orders
134. Rcgistcr of transfer on sale under a writ, dccrce or order, &cct themf. 135. Registration of vesting ordcra
Regisfmtionof Marriige of Female Proprietor and of Tmr*Fmission by death of Party having an Interesl
136. Endorsaticm of marriage of female eroprietor.
137. Registratm of transmission of title by death o party having an f

hterest.
BanAruptcy 138, ROgiBhtiOa of transmission to trustee in bankruptcy. PIwcuibgs as to property of bankrupt.

c vas att
139. Caveat against dealings
140. Efc of lodging caveat with the R g s r r and proceding fet eita.
themn. 141, E t k t of an order for the sequemxation of the estate of. and the h & ~ p t C yof. the intended registered proprieror. 142. D t of Registrar so long as caveat in force. uy 143. Effcct of lodging Caveat without reasonable cause.
p e inclwion ef thia page is authorized by L.N: 480/t973]
Seaxh Certifkates and Stay Orders
144. Application for search certificate. 145. Effect of seash certificate. 146. Application for stay of registration of instrument afftcting land
comprised in proposed dealing.

147. Priority of properly perfected instrument lodged during stay
of
registration.
148. Other instruments lodged during stay of r~gistrationto have same priority as if no stay o registration. f
Powers of Attorney
149. Power of attorney. 150. Effect of power of attorney. 151. Powers of attorney and Conveyancing Act.
Attestatkm of Instruments
152 Attestation of instrurhents.
Procedure and Practice

lW3. Procedure i cases of error or misdescdption n
i certk%kOf n
title or of its being in possession of wrong p m e a

134. Order for delivering up of certificate of title and enforcement
mikt thereof and procedure if person wrongully holding c t f a c cannot be found. 1%. Transfer when vendor is dead, absent. etc.. and unrcpnscntcd. 156. Procedure if Registrar refuses an application, or if appkant hiissatisfied w t directions. etc.. given by R g s r r or Refemc. ih eita 157. Disapvery. 158. C u t or a Judge may direct cancellation. etc., of certificate. etc. or 1159. Rules@ 3ractice in actions under this Act.
Actions and other Remedies
160. Rtq$strar,s
161. Cettificate
and Referee's protection against actions. df title a bar to all actions of ejectment against registered pro-@r with certain exceptions.
[The inclusion of this page is authorized by L.N. 00/1973]
REGISTRATZON OF TlTLES
162. Action for damages by any person wrongfully deprived of land. 163. Protection of born fide purchaser of registered land against
actions.
164. Action against Registrar in certain cases. 165. Persons claiming shall before action brought apply to Registrar
in writing for compensation.

166. Notice of action against Registrar. Costs if plaintifl fails. 167. Payment o amount of judgment if plaintiff succeeds. f 168. Limitation of actions for damages through deprivation of land
under this Act. Nonsuit if plaintiff or those through whom he claims had mtice of proceedings under this Act. 169. Proceedings to recoup the Assurance Fund such money as may be paid thereout. 170. Non-liability of Assurance Fund in certain cases
171. Rules. 172. Modification of forms i Schedults. n
Fees and Duties

173. F e es 174. Stamp duty where applicant directs mrtificate of title l-0 .hue in name of any other person.
175. Stamp duty where applicant claims t be owner o fee simple id o f csuity. 176. Registrar to see that transfers am duly stamped. 177. F l consideration for transfer t be expressed the& ul o o&ntxs
178.olftnCes against this Act. Misdemeanours 179. Conviction not to bar any remedy against convict or his cstate. 180. Prosecutions and suik
inclui~n this paos ir authorized by LN. of %0/1973]'
Law
11
Caps. 340. 60 of 1954 s. 64 (1). Acts 25 of 1967,
THE REGISTRATION OF TITLES ACT

[lst October, 1889.1
4i;fj::.9
10 of 1974, 25 of 2005 S. 13.
1. This Act may be cited as the Registration of Titles Act.
Shorttitle.
Preliminary
2. All laws and practice whatsoever, relating to freehold and other interests in land, so far as is inconsistent with the provisions of this Act, are hereby repealed, as far as regards their application to land under the provisions of this Act, or the bringing of land under the operation of this Act.
3. In this ActPartialrepeal of laws mdp_dice asto interests '"land.
Interpretstion.
"annuity" shall mean a sum of money payable periodically and charged on land under the operation of this Act by an instrument thereunder; "charge" shall mean the instrument creating and charging an annuity; "Commissioner for taking affidavits" shall mean a Justice or other officer or person authorized to take affidavits in the several Courts of Jamaica; "endorsed shall include anything written upon, or in the margin, or at the foot of, any document; "grantor" shall include the proprietor of land charged with the payment of an annuity; "incumbrance" shall include all estates, interests, rights, claims and demands, which can or may be had, made or set up, in, to, upon or in respect of the land adversely and preferentially to the title of the proprietor;
[The lnclusloa of this page b authorized by L.N. 180A120061
"instrument" shall include a conveyance, assignment, transfer, lease, mortgage, charge and also the creation of an easement; "Judge" shall mean a Judge of the Supreme Court of Justice; "land shall include messuages, tenements and hereditaments, corporeal or incorporeal; and in every certificate of title, transfer and lease, issued or made under this Act, such word shall also include all easements and appurtenances appertaining to the land therein described, or reputed to be part thereof or appurtenant thereto; "patent7' shall mean the deed of grant from the Crown of any unpatented lands in Jamaica, or any lands which having once been patented have been adjudged forfeited or escheated to the Crown, or of any lands sold pursuant to the provisions of any law adjudging possession thereof to the Crown; "person" shall include a corporation, whether aggregate or sole; "proprietor" shall mean the owner solely, jointly or in common with any other person, whether in possession, remainder, reversion, expectancy or in tail, or otherwise, of land, or of a lease, mortgage or charge; and such word shall also include the donee of a power, or other person empowered or authorized to appoint or dispose; "settlement" shall mean any document under or by virtue of which any land shall be so limited as to create partial or limited estates or interests; "transmission7' shall mean the devolution of an estate or interest in land under any will or settlement, or by descent, or on executors or administrators as such.
[The lnelualon of thia page Is a u t h o r M by L.N. 180A120061
REGISTRATION OF TlTLES
13
Appointment, Powers and Functions of Oflcers

4. The Governor-General may from time to time appoint by warrant under his hand and the Broad Seal of Jamaica a fit and proper person, being a member of the Bar of Jamaica, England, Scotland, or Northern Ireland or being a Solicitor of the Supreme Court or of the Supreme Court of Judicature of England, Scotland, or Northern Ireland, or a Writer to the Signet of Scotland, to be the "Registrar of Titles" (hereinafter called the Registrar), for investigating and dealing with applications for bringing land under the operation of this Act, and for other purposes hereinafter mentioned. 5.--(I) The Governor-General may appoint one or more fit and proper persons, each being a member of the Bar of Jamaica, England, Scotland or Northern Ireland, or being a Solicitor of the Supreme Court or of the Supreme Court of Judicature of England, Scotland, or Northern Ireland, or a Writer to the Signet of Scotland, to be a Deputy Registrar of Titles.
~egistrar of
z:;2nEmt.
4211969 3rd Sch.
C'
Appointment and quailfication of Deputy Registrar. 4211969 3rd Sch. 1011974 S. 2(a), (b). 1011974 s.2(c).
(2) A Deputy Registrar of Titles shall, subject to the general or special directions of the Registrar of Titles, assist the Registrar in the performance of the duties of Registrar under this Act and the Deputy Registrar shall, in the exercise of his office, have all and singular the like authorities, powers, duties, immunities and liabilities of the Registrar.
(3) Everything by this Act, or any enactment amend-
ing or incorporated with the same, appointed or authorized, or required to be done, or signed, by a Registrar may be done or signed by a Deputy Registrar and shall be as valid and effectual as if done or signed by the Registrar.
(4) If from any cause the ofice of Deputy Registrar Titles is vacant, or if, owing to absence or inability act from illness or any other cause a Deputy Registrar
(The inciusion of this page is authorlvd by L.N. 180AIZ0061
s. 2(f).
1011974
14
REGISTM TION OF TITLES
1011974
S. 2(e).
of Titles is unable to perform the duties of his office, the Governor-General may, appoint some fit and proper person (whether or not such person is qualified under subsection (1) for an office of Deputy Registrar of Titles) to act temporarily as Deputy Registrar of Titles, and any person so appointed shall for the time being have all the authorities, powers, immunities and liabilities and perform all the duties of the office of Deputy Registrar of Titles. 6.-41) The Minister may appoint a panel of not less than three nor more than ten persons, qualified as aforesaid, each of whom shall be a Referee of Titles under this Act (hereinafter called a Referee) so, however, that the validity of the constitution of the panel shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof
(2) The office of a Referee shall not be a public office for the purposes of Chapter V of the Constitution of Jamaica.
Constitution of panel of Referees. 2511967

S. 2.
2512005 S. 13.
Salary and fees of
Registrar and Referees.
7. The Registrar shall receive such annual salary as shall from time to time be determined by the Minister, and the Referees shall be paid fees in respect of each reference on such scale as shall from time to time be fixed by the Minister. Such salary and fees shall be paid out of the Consolidated Fund.
8. A Deputy Registrar of Titles shall receive such annual salary as the Minister may with the sanction of the House of Representatives from time to time determine. 9. In case of the illness, incapacity or absence, of any officer appointed under this Act, the Governor-General may appoint a person to act in lieu of such officer; the person so appointed shall have all the powers and perform all the
[The lncluslon of this page Is authorized by L.N. 180A120061
Salary of Deputy Registrar. 1011974 S. 3.

Aciing appoint-
ments.
15
duties of the officer in whose stead he may have been appointed.

10. The Minister shall provide an office the Registrar, for which shall be called the Office of Titles; and it shall be lawful for the Minister from time to time to appoint any suitable place for such o f c . fie
:f$g
11.-(1) The Registrar may give authority in Writing to R glvo ma any officer of the O f c Titles to sign anything authorized w ority fie of tos or required by this Act to be signed by the Registrar. WC967 (2) The Registrar may, in the instrument in which sn authority is given under subsection (1) to any officer(U) require that such authority shall be exercised i n accordance with the general or specific directions of the Registrar; (b) specify the period for which such authority shall be valid, so, however, that any such period may be extended from time to time and any authority given under this section may be revoked at any time. (3) Anything signed by any o&r to whom authority is given under this section and in accordance with such authority shall be as valid and effectual as if it were signed by the Registrar. (4) N t c of every authority given under this section oie and of every extension thereof or the revocation thereof shall be published in the Gazette but failure to publish such notice shall not aEect the validity o the authority conferred f or any extension or revocation thereof, as the case may be. 12. Al courts, Judges and persons acting judicially, shall l take judicial notice of the d of the Oflice of Tte,and of ils the signature o the Registrar and of any person appointed f to act in his stead as aforesaid.
m inclusion of thir page m authorized e
1 -
L.N. 480/19731
16
REGlSTRATlON OF TlTLES
1 . The Registrar shall cause to be prepared, and shall 3 keep a d use, a seal bearing the impression nf the Arms
of Jamaica, and having inscribed i the margin thereof the n words, f i e of Titles, Jamaica; and all certificates of Ofc title and other documents purporting to be sealed with such seal, and to be signed by the Registrar, shall be admissible as evidence without further proof.
Asto
Rirtrar m3Refmcs
practidng.
1 . The Registrar shall not directly or indirectly prac4 tise as a barrister or solicitor, or participate in the fees or remuneration of any other person so practising :
Provided that t i section shall not apply to a person hs appointed under the provisions o section 9 to act as f Registrar. It shall be lawful for the persons appointed as Referees as aforesaid to practise their profession, but the Minister shall by rule, to be made as aforesaid, provide that no such Referee shall be consulted with respect to an application to be made by a client.
25/1%7 SA.
p<rwuad
RdmtW.
1 . The Registrar or the Referee to whom any applica5 tion is referred m y , by summons under his hand, require the proprietor or mortgagee or other person interested in any land under or proposed to be brought under the operation of this Act, in respect of which any transfer, lease, mortgage, charge or other dealing, or any discharge from any mortgage or charge, is proposed to be transacted or registered, or in respect of which any change of ownership by transmission is proposed to be registered or search certificate issued, to appear at a time and place to be appointed in such summons, and give any explanation concerning such land or any document affecting the title thereto, and to produce any deed of grant, certificate of title, will, mortgage, or other instrument or document, in his possession or within his control affecting such land, or the title
m inolusim o thir page b urthaizsd by LN. 480/1973] e f
17
thereto; and the Registrar or Referee is hereby authorized to examine upon oath (which oath he is hereby empowered to administer) any such proprietor, mortgagee or other person as aforesaid, and any such proprietor, mortgagee or other person who shall fail, refuse or neglect, to attend the Registrar or Referee for the purpose of being examined, or to produce any such document, or to allow the same to be inspected, or shall refuse or neglect to give any such explanation as aforesaid shall be liable, on any such default, to be summoned before a Judge, and by him to be dealt with as in the case of a contempt of the Supreme Court; and if the information or document withheld appears to the Registrar or Referee to be material he shall not be bound to proceed with the transaction. The Registrar may also exercise the following powers and duties, that is to say-I
(a)
He may administer an oath, and may take and receive the declaration of any person voluntarily
making the same (in this Act called a statutory declaration).
(b) He shall correct errors in the Register Book, or in entries made therein, or in duplicate certificates or instruments, and may supply entries omitted to be made under the provisions of this Act; but in the correction of any such error he shall not erase or render illegible the original words, and he shall af5x the date on which such correction was made or entry supplied, and initial the same; and every error or entry so c~rrected supplied shall have or the like validity and effect as if such error had not been made or such entry omitted; except as regards any entry made in the Register Book prior to the actual time of correcting the error, or supplying the omitted entry.
P I a inclusion of this page is authorid by L.N. 480/1973]
'
18 (c)
REGlSTRATION OF TITLES
He shall, upon the direction of a Referee or when it shall appear to him necessary, lodge a caveat on behalf of Her Majesty, or on behalf of any person who shall be under the disability of infancy, coverture, lunacy, unsoundness of mind or absence from Jamaica, to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person, and also to prohibit the dealing with any land in any case in which it shall appear that an error has been made by misdescription of such land, or otherwise, in any certificate of title, or in any instrument, or for the prevention of any fraud or improper dealing.
Notice to Keeper of the Records of land brought under the operationof
16. When any land shall be brought under the operation of this Act the Registrar shall, in the case of all applications in which it appears that a deed or other document of title relating to the land is on record in the Record Office, forthwith notify the fact to the Deputy Keeper of the Records, and shall furnish him with particulars of the recording of such deed or document with regard to each parcel, if more than one, or the last of such deeds or documents, if more than one, and the Deputy Keeper of the Records shall thereupon make a memorandum of such fact on the margin of the record of the last such deed or document or deeds or documents.
17. Conveyances or transfers of land under this Act executed under the authority of the Settled Land Act need not be recorded in the Record Office, but shall be registered in manner hereinafter provided.
Conveya c transfers or e s under the
Settled Land Act. need not be recorded. antrihtionb*e Assurance Fund.

251 1967 s. s (a).
Eighteenth Schedule.
1 . Upon first bringing lands under the operation of this 8 Act, there shall be paid to the Registrar, as an Assurance Fund, a sum not exceeding the sum specified in the Eighteenth Schedule :
m inclusion of e
this page is authorized by L.N. 480/1973]
19
Provided the value of any such land shall be deemed to be the value thereof at the time of lodging the application to bring the land under the operation of this Act and such value shall be ascertained by the statutory declaration of the applicant.
25/1%7
s*5(b)-
If the Registrar shall not be satisfied of the correctness of the value so declared, he may require such applicant to 25/1%7 s. 4 (c). produce a certificate of such value under the hand of a Valuer appointed under this Act, which certificate shall be received as conclusive evidence thereof.
19. The Registrar shall keep a correct account of all sums
RC
of money which shall be received by him under the provisions of this Act, and shall pay the same to the AccountantGeneral at such times, and shall render accounts of the same to such persons and in such manner, as may be directed by any law or regulations for the time being in force relating to the collection and payment of the public moneys, and the audit of the public accounts.
All Mnalties and fees received under the provisions of this Act (except sums received as contributions to the Assurance Fund or in augmentation thereof) shall be carried to and form part of the Consolidated Fund.
20. All sums of money which shall be received by the
ntsand &au-mt
m eys.
I
Iae
istrarto Cdntribuurma
Registrar as contributions to the Assurance Fund, or in augmentation thereof, shall be paid to the AccountantGeneral, who shall place such sums to the credit of an account to be kept in his department, to be called the Assurance Fund, and'shall from time to time invest the same, together with all dividends and profits accruing thereon, in Jamaica Government securities, or othewise as the Minister may direct, to constitute an Assurance Fund for the purposes hereinafter mentioned :
to F nd,how
deltwitb.
31967
Tto
m inohsion of thir page e
is authorized by LN. 480/1973]
20
Provided however that the Minister may from time to time, authorize such sums of money as may be approved by resolution by the House of, Representatives to be transferred from the Assurance Fund into the Consolidated Fund and money transferred as aforesaid shall be used for the purpose of a Trigonometrical Survey of Jamaica and for such other purposes as may be required for the advancement of &he objects of this Act: Provided further that at no time shall the Assurance Fund, by any such transfer, be reduced to an amount of less than thirty thousand dollars.
Power of Registrar t o make regulations
andalter forms in Schedules.
21. The Registrar may from time to time, with the consent of the Minister, make regulations respecting the n parcels of land that may be included i one certificate of title, and may, with the like consent, revoke or alter such regulations; and he may also, with the like consent, from time to time make such alterations in the several forms and in the several Schedules hereto as he may deem requisite, and every form authenticated by the seal of the office shall be taken to be the legally authorized form, unless the contrary be proved.
22. It shall be lawful for the Registrar, whenever any
a t e a case.
Power to
question shall arise with regard to the performance of any duty, or the exercise of any of the functions, by this Act conferred or imposed on him, to state a case for the opinion of the Court of Appeal; and thereupon it shall be lawful for the Court to give its opinion thereon, and such opinion shall be bindiing upon the Registrar.
ment Appoint-
Qllv~~uet~. under
2 . The Minister may appoint persons to be Valuers 3 this Act, and at pleasure annul the appointment of any such person.
m inclusion of this page is authorized by LN. 4R00119731 e
REGISTRATION OF TII'LkS
21
Procedure in bringing Land under the operation of this Act

24. Land may be brought under the operation of this Act by the Registrar registering the title of some person thereto as the proprietor thereof in manner hereinafter provided.
Howland brought undbrthis
Act,
25. The title of any person to land brought under the operation of this Act shall be registered either as an absolute or as a qualified title.
Re istration oft tle as abs lute or quaDified.
26. A person registered under this Act as proprietor of Reaistration of any land with an absolute title shall be entitled to hold such pro rietor land ir, fee simple, together with all rights, privileges and witt lute ab appurtenances, belonging or appurtenant thereto, subject as follows(a) to the incumbrances (if any) entered on the certificate of title; and (b) to such liabilities, rights and interests,. as may under the provisions of this Act subsist over land broight under the operation of this Act without being entered on the certificate of title as incumbrances, but free from all other estates and interests whatsoever including estates and interests of Her Majesty, her heirs and successors, save only quit rents, property tax or other impost, charged generally on lands in this Island, that have accrued due since the land was brought under the operation o t i Act. f hs
27. A person registered under this Act as proprietor of any land with a qualified title shall be entitled to hold such land, except as against any person claiming any estate, right or interest therein arising before a specified dale, or under a specified instrument, or otherwise particularly described
m inclusion of e
this page is authorized by L.N. 480119731
22
REGlSl RATlON OF T I T U S
in the certificate of title; and the registration of a person with a qualified title shall have the same effect as the
registration of such person with an absolute title save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right or interest, appearing on the certificate of title to be excepted : Provided always that a person registered as aforesaid with a qualified title may at any time thereafter apply to be registered with an absolute title, subject to all the provisions relating to an original application save and except that only half the fees payable on any such original application shall be payable, and that it shall not be obligatory on the Referee to cause the application to be advertised before directing the Registrar to register such applicant with an absolute title.
Whomay
to have appb l ~ d
Act.
First schodult.
28. Any of the following persons may, by an application addressed to the Registrar, in the form in the First Schedule, apply ~ h ~ land brougEt under the operation of this Act, ~ ~ to have that is to say(i) the person claiming to be the owner of the f e e simple, either at law or in equity; (ii) persons who collectively claim to be the owners of the fee simple either at law or in equity; (iii) persons who have the power of appointingor disposing of the fee simple : Provided that in the event of such land being brought under the operation of this Act such application shall be deemed both at law and in equity to be and to have been an exercise of such
power; (iv) the person claiming to be the owner of the first estate of freehold, if the owner of the first vested estate of inheritance shall consent to the application;
lThe indusion o this page is ruthobd by L.N. 480/19731 f
23
trustees for the sale of .the fee simple, but if any previous consent to their selling be requisite, the persons required to give such consent must consent to the application; the guardian of any infant, or the committee of the estate of any lunatic or person of unsound mind unable to manage his estate, so, however that the application be made on behalf of such infant, lunatic or person, and the certificate of title be directed to issue in his name; the Commissioner of Lands, or other officer duly authorized in writing by the Minister, applying to bring land the property of the Crown under the operation of this Act; the person or persons claiming to be the owner or owners of the fee tail upon a sale by him or them to a bona fide purchaser for value and directing the certificate of tide to issue in the hame of such purchaser; a tenant for life, within the meaning of the kttled Land Act or any enactment amending or' incorporated with that Act, who has exercised his power of sale and who directs the certificate of title to be issued in the name of the purchaser: Provided that the certificate of title shall not issue until there has been lodged with the Registrar, signed by the trustees of the settlement and attested by a witness to the satisfaction of the Registrar, a coiiscnt, or a reczipt for the purchase money : Provided always that a mortgagor shall not be entitled to make such application unless the mortgagee shall consent thereto, nor a mortgagee unless for the purpose of the exercise of his power of sale, and unless the certificate of title shall be directed to issue in the purchaser's name, nor
m inclusion of this page e
is authorized by LN. 480/1973]
24
REGISTRATION OF T J T W
a married woman unless she shall be entitled to the land far her separate use or has a power to appoint the same, or unless her husband shall consent thereto and the application shall be acknowledged by her in the same manner as any deed or other instrument is at the date'of the commencement of this Act required to be acknowledged by a marned woman : Provided also, that the attorney of anv corporation howsoever and wheresoever incorporated, whether already constituted or hereafter to be constituted, appointed under a seal purporting to be the common seal of the corporation, may make such application for or on behalf of the corporation of which he is the attorney, and may make the requisite declaration to the best of his knowledge, information and belief, and may subscribe the application in his own name.
What evidence, particulars and fees ms ut accompany application. Eighteenth Schedule.
29. Every p c h application shall be accompanied by the
deeds and documents or other evidence that the applicant relies on in support of his title, and by an &davit containing such particulars as may be prescribed, and by the fees set forth in the Eighteenth Schedule as payable on malung application under this Act, and by a certificate from the proper officer that all quit rents and property tax affecting the land have been paid up to the date of the application, and by a receipt or receipts from the proper officer showing that all succession duties that have become payable in respect of the land have been paid : Provided that if any such deed or documents are recorded it shall be sufficient for the applicant to give references to the same. The applicaiit may, if he conceives himself entitled to a qualified title only, state in his application the nature of the qualification subject to which he conceives himself entitled.
[The inclusion o this page is authorized by L.N. 180/1973] f
25
30. A person applying to have ?nu land brought under Identificr, tion the operation of this Act shall describe and identify the ofW. land in one or other of the following ways(a) by plat or diagram; (b) by metes and bounds.
31. The Registrar shall submit such application, together with the deeds, documents or other evidence as aforesaid, to one of the Referees for his direction; and if the Referee shall, on consideration of the deeds, documents or other evidence aforesaid, be of opinion that the applicant is a person entitled to make application under this Act, and that he is in possession by himself or a tenant of the land described or identified in the application and that he would be entitled to maintain and defend such possession against any other person claiming the same or any part thereof, he shall provisionally approve the registration of the title of the applicant or his nominee as an absolute title to the land described or identified in the appliaon.
If the Referee shall be of opinion that the applicant is entitled to make application as aforesaid, and that he i s in possession as aforesaid substantially of the land described or identified as aforesaid, and that he w u l d be entitled to maintain and defend such possession as against any other person claiming the same or any part thereof, and that the land of which the applicant is in such possession as aforesaid, though the evidence is insufficient as to the description or identification thereof given in the application, is capable of being described or identified in the other way in which it might have'been described or identified in the application, he shall provisionally approve the registration of the title of the applicant or his nominee as an absolute title to land described or identified in the way in which it might have been described or identified in the application.
IThe inclusion of this page is authorized by L.N. 480/19731
26
REGlSTRATlON OF TfTLES
In either of the two cases aforesaid, if the Referee shall be of opinion as aforesaid, except that the applicant does not satisfy him that he would be entitled to maintain and defend his possession against any person whose estate, right or interest, might arise before a specified date or under a specified instrument, or might be otherwise particularly described, he shall provisionally approve the registration of the title of the applicant or his nominee as a qualified title to land as aforesaid, and shall specify the nature of the qualified title to land as aforesaid, and shall specify the nature of the qualification to which such title is to be subject.
What incumbrances shall not pnvent approval of title.
32. It shall be no objection t the Referee approving any o title as aforesaid that the land is subject to any liabilities, rights or interests, which under the provisions of this Act, need not be entered on the certificate of title as incumbrances, or that the land is subject to any incudrance (not being a mortgage the owner whereof shall not have consented to the application) which may be specified i the n certificate of title and continue outstanding.
33. When the Referee shall provisionally approve of the
Notification of provisional title.
registration of any title as aforesaid, he shall communicate such provisional approval to the Registrar, and shall direct the Registrar to cause notification thereof to be given by advertisement or advertisements in the Gazette, or at least one newspaper published in the city of Kingston or circulating in the neighbourhood of the land, and to be served on any persons named by him, and all persons in possession or charge of the adjoining lands, and warning all such persons that, unless a caveat be lodged forbidding the same within such time as shall be appointed by thu Referee (which shall not be less than two weeks or more than twelve months from the date of such advertisement or the first of such advertisements if more than one), the
[The inclusion of this page is authorizeil by L.N. 480/1973]
27
title will be registered in accordance with such provisional approval.
3 . When the Referee shall refuse his provisional 4 approval, the Registrar shall communicate such refusal to the applicant, and when the Referee shall provisionally approve the title to land with a different description or identification to that contained in the application, or has approved it subject to any qualification other than such as may have been inserted in the application, the Registrar shall before giving any notices as aforesaid, communicate the provisional approval to the applicant, and shall not proceed further with the matter until he shall have been informed by the applicant that he acquiesces in the decision of the Referee.
cases Incertain
Referee not to proceed ;$a t ::n acquiesces in his provisional decisibn.
3 . If the applicant under such circumstances is dissatis5 fied with the decision of the Referee, it shall be lawful for him to proceed under the provisiom of section 156.
Remedyof appli antif dissa&fid.
3 . Subject to the foregoing provisions the Registrar shall, 6 under such directions as aforesaid, cause notice to be published, in such manner as by such direction may be prescribed, o such provisional approval as aforesaid, with f such description or identification thereof as shall have been approved of as aforesaid, and shall cause a copy of such
notice to be posted in a conspicuous place in the office, and shall send through the Post Officea registered letter, marked outside Office of Titles, Jamaica, containing a copy of such notice, addressed to every person whom the Referee shall have directed to be served with notice, and to the persons stated in the application to be occupiers of the land (if other than the applicant) and to the occupiers and owners of the lands contiguous thereto.
Clle inclusion of this page is authorized by
Publi atjm and s v , c a

ofnot-of
provi$onal approval.
L.N. 480/1973)
28
If no - v a t entered titletoh
37. If at the expiration of the time limited in the notice aforesaid for lodging a caveat the Registrar.shal1 not have misterad* received a caveat forbidding the bringing of the land in question under the operation of this Act, he shall bring such land under this Act, in accordance with the directions of the Referee, in manner hereinafter mentioned, by registering the title of the applicant or Bf the person in whose name he may have directed the certificate of title to be issued thereto (in manner hereinafter provided) as an kholute or qualified title as may have been determined by the Referee, and with such description or identification of the land as may have been approved of by the Referee.
Where an applicant has directed a certificate of title to be issued in the name of a nominee the Registrar shall at the direction of the applicant and with the consent of the nominee issue the certificate of title to such person as shal; be named in such direction and consent which direction and consent shall be liable to the stamp duties provided by section 174.
Authority far payment to solicitor.
38. The production by a solicitor(a) of a certificate of title issued in the name of a purchaser as a nominee; or (6) of an instrument having in the body thereof or endorsed thereon a receipt for consideration
money, or other consideration, the instrument being executed or the endorsed receipt being signed by the person entitled to give a receipt for that consideration; or (c) of a certificate of title endorsed with a memorandum of an instrument of transfer, mortgage, lease, or other dealing for pecuniary or other consideration (whether or not such instrument may have contained or been endorsed with a receipt as aforesaid),
[The inclusion of
this page is authorized by L.N. 480/13731
REGlSTRATlON OF 'I'llLES
29
shall be suficicfit authority to the person liable to pay or deliver the same for the payment or delivery of the consideration money, or other consideration, to the,Solicitor, notwithstanding that the solicitor does not produce any separate or other direction or authority in that behalf from the person who is entitled to receive the consideration money, or other consideration, for the land mentioned in the certificate of title or from the person who signed the instrument or receipt.
39. Land leased for a term of years of which ten years are unexpired, or leased for years determinable with a life or lives, may be brought under the operation of this Act as near as may be in a similar manner, and subject to the same or similar provisions, as are hereinbefore contained with respect to freehold land.
$& ??
The application may be made by persons having such estate and interest in the leasehold land as are similar gr correspondent to the estates and interests of the persow entitled to apply to bring freehold Iand under the opea-4tion of this Act. Every certificate of title to leasehold land shall alwap be subject' to the .rights and powers of the lessor or his representatives, and of any person entitled to the inheritance in the land immediately expectant on the t r as well em as to the incumbrances hereinafter mentioned as not requiring special notification.
The severgil provisions of this Act with respect to freehold land shall apply to leasehold land, with such variav tions only as the difference 4 the nature of such property requires, or as may be necessary to render such provisions applicable to leasehold for years.
pie. inclusion
of this p p ir 8uthodzui by L.N. 480/19731 .
menb.
Production of d m -
4 . After an application has been made to have any land 0 brought under the operation of this A t a Judge may c, require al persons having in their possession, custody or l control, any deeds, instruments or evidence of title, relating to or affecting the l n the subject of s c appficaLion, to ad uh produce the same at a time, and place appointed by such Judge to the Registrar or to a Referee for his inspection
upon such terms and subject to such conditions, and for such charge or fee, as the Judge making the order may think just and shall f x All orders to be made by a Judge under i. this section may be made in Chambers on summons at the instance of the person applying to have the land brought under this A t c.
Withdrawal o applicaf to. in
41. Any applicant for registration may withdraw his
application at any time prior to the registration of the c r i i a e and the Registrar shall in such case return to etfct, the applicant, or to the person entitled thereto, all deeds, documents and other evidence of title, lodged in support of the application; but in such case, if the caveator shall have been put to expense without suflicient cause by reason of such application, he shall be entitled to receive from the applicant such compensation as a Judge on a summons in Chambers shall deem just and order.
AStOthO
P==+ don of
Rgsrr eita shall retain in his custody and P O S S ~ S S ~ I Iall deeds, instru42. U o registering a certificate of title, the pn
and dealing With d m menu evidencing title of PenOM
ments and documents, evidencing the t t e of the person il registered, and shall endorse upon the last of them, if there be more than one, a memorandum that the land included in the certificate has been brought under this Act, and shall sign such memorandum : Provided always that if any such deeds, instruments or documents, relate to any property dher than the land included in such c e , the Registrar shall cause such deed, document or instrument (if unmmded) to be copied
CIbindwim o thk pge f
U .ptborieod
by LN. 4WI9'733
REGISTRAl'ION OF TITLES
31
at the expense of the applicant, such copy to be retained by the Registrar, and shall return such deed, instrument or document to the person from whom he received the same, having first endorsed upon the same a memorandum signed by him to the effect that the land included in the certificate has been brought under the Act.
No person shall ;be entitled to inspection of any such deeds, instruments or documents, except upon the written order of the persons who originally deposited the same, or of some person claiming through or under him, or upon the order of a Judge.
No action or suit shall be brought or maintained upon any covenant or agreement for the production of the documents which shall be so retained, or upon any agreement to give or enter into a covenant for the production thereof; and if any such action or suit shall be commenced it shall be a sufficient answer thereto that such documents have been retained under this Act.
Caveat against Registration of Lund 43. Any person claiming any estate or interest in the land described in the advertisement may, in person or by agent, within the time appointed by the Referee under section 33, lodge a caveat with the Registrar, in the form in the Second Schedule, forbidding the bringing of such land under this Act; every such caveat shall be signed by the caveator or by his agent, and shall particularize the estate or rnterest claimed; and the person lodging such caveat shall, if required by the Registrar, support the same by a statutory declaration, stating the nature of the title under which the claim is made, and also deliver an abstract of his title to such estate or interest.
inclusion of this page is authorized by L.N. a O / lm 9
A :
zc ;:
erthi this
H
,
giw
8i. ;e
;54!967
No such caveat shall be received unless some address or place within the limits of the city of Kingston shall be appointed therein as the place at which notices and proceedings relating to such caveat may be served.
Caveat.
N t c of oie
44. The Registrar, upon receipt of such caveat, shall
Procedure for dealing with same.
notify the same to the applicant, and shall suspend proceedings in the matter until such caveat shall have been withdrawn or shall have .lapsed as hereinafter provided, or until an order in the matter shall have been obtained from the Supreme Court or a Judge. The applicant may, if he think fit, summon the caveator to attend before the Supreme Court, or a Judge in Chambers, to show cause why such caveat should not be removed, and such Court or Judge may, upon proof that such caveator has been summoned, make such order in the premises, either ex parte or otherwise, as to such Court or Judge may seem fit.
45. After the expiration of one month from the receipt thereof, such caveat shall be deemed to have lapsed unless
y;.x i@ n.
Lapse of caveat if not
Cavent not
ramwable.
the person by whom, or on whose behalf, the same was n lodged shall within that time have taken proceedings, i a court of competent jurisdiction, t establish his title to the o estate or interest specified in the caveat, and shall have given notice thereof to the Registrar, or shall have obtained and served on him an injunction or order of the Supreme Court or a Judge restraining him from bringing the land under the operation of this Act. A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest.
46. In case the applicant, or the person in whose name the certificate of title has been directed t issue, shall die o between the application and the registration of the certificate, it shall be registered in the name of such applicant
[The inolution o thir pope f
k anthobd by LN. 480/19731
33
or of such person, as the case may be, and such land shall devolve or pass in like manner, as if the certificate had been registered prior to the death of such applicant or person.
Registration o Land with doubtful Title f 47. Notwithstanding anything hereinbefore contained, a Referee may after the publication of such advertisement as he may deem fit direct the Registrar to bring any lands under the operation of this Act upon the applicant contributing to the Assurance Fund, in augmentation thereof, such an additional sum of money as the Referee shall certify under his hand to be in his judgment a sufficient indemnity by reason of the non-production of any document affecting the title, or of the imperfect nature of the evidence of title, or against any uncertain or doubtful claim or demand arising upon the title.
Bringing land with doubtful
Ofice Copy ofDecree or Order as Evidence of Title

48. An office copy of any order heretofore made by the Hopfat Supreme Court or any District Court, or which shall here- O f f i b after be made by the Supreme Court or any Resident ?%for Magistrates Court (whether such order shall hereafter be in O d ! l I r the form of an order confirming the Registrars or Clerks 8 Z e ftedbp ereo as dvidencs report or in any other form) confirming a person as the ,,f6Ua purchaser of any land sold in fee simple under or in pursuance o any decree or order of such Court, together with f an office copy of such decree or order, and such certificate of payment as is hereinafter mentioned may, for the purpose of bringing land under the operation of this Act, be deemed by a Referee sufficient evidence of the title of the purchaser to such land, subject to any estate or interest appearing by the f decree or order or order o confirmation, or subsequently created and registered.
I
Every order of confirmation of a purchase which shall hereafter be made shall be drawn up so as to refer to a
C I h inclusion o thir psln ir authorimd by L.N. 4RO119731 f
34
REGISTRATION OF TLTLES
schcdulc thereto. coiitaiiiiiig (tic name and addition of the purchascr atid clcscription d the land purchased by him, ' and the Registrar of the Supreme Court or Clerk of a Rcsident hkigistratc's Court is hereby required, after payment and acceptance of all the money payable in respect of any particular purchase, to give upon any o f c copy fie of any such order of confirmation a written certificate that the purchase money and all interest in respect thereof, payable by any purchaser named in such certificate for any land therein referred to, hnvc: becii wliolly paid.
P ircIt ascr rcq i iirii ig Registered Title i

Purchaser may rcquire registeied title under thisAct.
49. When any contract shall have been made for the sale and purchase of any land, then unless the person agreeing to sell such land shall have stipulated to the contrary, it shall
be lawful for the purchaser at any time before the completion of the purchase, to require that the vendor shall insteai of making a conveyance bf such land, cause him to be registered as proprietor of the land, the subject of the contract, under the provisions of this Act, with an absolute title, in cases where the land has been agreed to be sold without any special conditions as to title, or with a title subject to such qualifications as may be in accord with the conditions under which the land was agreed to be sold : Provided that nothing herein contained shall deprive any vendor of any right which may arise out of such contract for sale by reason of any rule of law and equity : Provided also that the incidence of costs as provided for under the Conveyancing Act, shall be in no way affected.
Duties of vendor if purchaser cxcrclscs option.
50. If the purchaser shall exercise the option hereby vested in him, the vendor shall furnish him with the information which he is under the said Conveyancing Act bound to fumish, and shall submit the draft application form filled in with such pa.rticulars, and the purchaser shall
flhe inclusion of this page is autharizcd by L.N. 480119f31
35
at his own expense make all such search@ and investigations into the title as are required to mafre the application
complete.
51. The costs of the application form, the fees payable
under this Act and stamp duty, if any, shallbe deemed to be the vendors costs within the meaning of section 4 of the Conveyancing Act.
3&zr
Registration in lieu of Patent 52. In all cases in which prior to the 1st October, 1889, a R ismtion patent as defined herein would have been the appropriate * y 2 b form of conveyance to any grantee of any lands, in lieu of lie crownin th of such patent it shall be sufficient for the Minister to issue p a k t directions to the Registrar to register the proposed grantee as the proprietor of the land to be granted to him, and the Registrar shall thereupon, upon payment by the proposed grantee of the fee payable for a certifiwte of title, without reference to the Referees or observance of any of the forms required to be abserved in other cases, forthwith bring the land described in such requisition under the operation of this Act, by registering the title of the person named in such requisition as the proprietor of the said land :
I
Provided always that the Assurance Fund under this Act shall not be answerable in respect of any claim thereafter arising in reference to the said land, but the Government 25 shall be liable in the same way and to the same extent as in s. other cases under this Act the applicant or the said Assurance Fund would be liable; and a note of the liability of the Government shall be made on every certificate of title issued under this section.
*
4 1967
*
53. Any patent heretofore made may, for the purpose of bringing land under the operation of this Act, be deemed by the Registrar or a Referee sufficient evidence of the title of the grantee under any such patent to the land comprised
Dhc inclusion of this page is authorized by L.N. 480119731
Pa nt c v ilciontc c o ~ su ~ c n
title.
36
REGlSTRATlON OF TlTEES
in such patent sbbject to any estate or interest a p m by such patent or subsequently created.
Registration by plan of reglsterd
land.
application.
Mode of
Direction by Referee.
Re-registration of Registered Lund by Plan 54.-(1) Any person entitled to d land, which shall have been registered otherwise than by plat or diagrram, may apply to have such land registered by plat of diagtam. (2) An application under this sectiondml.l i all n respects be treated and dealt with as if it wen an 0 application to register land. The duplicate certScate of title shall accompany the application, and the same shall be retained and cancelled by the Registrar, and the 0 certificate of title shall also be cancelled by the Repistrsr, before the issue of a new certificate. (3) The Referee, when communicating any pro+ sional approval of thq registration of such t t e t the il o Registrar, shall, besides giving such dirtctions as 88 required in the case bf original applications, direct fhe Registrar to cause notification of the application to be served on all persons other than the applicant who appear by the certificate of title to have any interest in the land. Register Book;Mode of Registering; and e&xt of Registration 55. Land shall be brought under the operation of this Act by the Registrar registering a certificate Certifying, under his hand and the seal of the Ofc,that a person therefie in named is the proprietor of the land therein described or identified, either with an absolute title or with such qualified title as may have been directed and approved by the Referee, as the case may be. Such a certificate (herein called certificate of title) shall be in duplicate in the form in the Third Schedule; and the Registrar shall keep a book or file, to be called the Register
owla and to be brought underthe O F r a t i o n Of this Act.

Third Fornis A Schedu*e.
and B.
25i19a7 s. 9.
37
Book, and shall enter by either binding up or filing therein m e of the certificates of title, and shall delivef the other (hereinafter called the duplicate) to the proprietor, having previouslv marked thereon the volume and jolium of the Register Book in which the same is entered. Each certificate shall constitute a separate folium of such Book, and the Registrar shall endorse thereon, in such mannet as to preserve their priorities, the particulars of all dealings and matters afllecting the land by this Act required to be registered or entered.
56. Before the delivery of any certificate of title, a k i p t for it in the handwriting of the proprietor of such estate in such land as shall be therein described or his agent may be required when practicable, so as to prevent, as far as may be, personation. 57. At the time of the registration of any grant in fee to two or more persons in joint tenancy for any public purpose, the Registrar shall endorse thereon, and on every subsequent certificate of title, the words "no survivorship", and sign his name thereto.
G
58. Every duplicate certificate of title shall be deemed and taken to be registered under this Act when the Registrar
Co.
has marked thereon the volume and fdium of the Register Book in which the certificate is entered; and every instrument purporting to affect land under the operation o this Act f shall be deemed and taken to be registered at the time when produced for registration, if the Registrar shall subsequently enter a memorandum thereof as hereinafter described in the Register Book upm the f o h m constituted by the existing certificate of title and also upon the duplicate; and the person named in any certificate of title or instrument so registered as the proprietor of, or having any estate or interest in or power over, the land therein described or identified, shall be
m e inclusion of this page is authorized by L.N. 48011973)
ActI
&'tuqg
38
deemed and taken to be the duly registered proprietor thereof, or as duly registered in respect of such estate, interest or power : Provided that if, before entering the memorandum hereinbefore mentioned, the Registrar shall, for any reason, return the instrument to the person producing the same, the time of reproduction of the instrument for registration, after the requirements of the Registrar have been complied with, shall be the time of production for registration.
Orderand priority of
59. Every instrument presented for registration may be
registration.
in duplicate (except a transfer whereon a new certificate of title is required), and shall be registered in the order of, and as from, the time at which the same is produced for that purpose; and instruments purporting to affect the same estate or interest shall, notwithstanding any actual or constructfie notice, be entitled to priority as between themselves according to the time of registration, and not according to the date of the instrument. Upon the registration of any instrument the Registrar shall bind up the original i n his office in a book to be kept for that purpose and shall deliver the other (hereinafter called the duplicate) to the person entitled.
60. The Registrar shall not enter in the Register Book notice of any trust, whether express, implied or constructive; but trusts may be declared by any document, and a duplicate or an attested copy thereof may be deposited with the Registrar for safe custody and reference; and the Registrar, should it appear to him expedient so to do, may protect in any way he may deem advisable the rights of the persons for the time being beneficially interested thereunder, or thereby required to give any consent; but the rights incident to any proprietorship or to any instrument, dealing
[The inclusion of this page is authorized by L.N. 450/ 19731
AS~O~OB.
39
or matter, registered under this Act, shall not be in any manner affected by the deposit of such duplicate or copy, nor shall the same be registered.
61. Every memorandum entered in the Register Book shall slate the nature of the instrument or document to which it. relates, the time of registration or entry thereof, the name of the grantee, and shall refer by number or symbol to such instrument or document, and shall be signed by the Registrar.
Contentsof memoran-
dum
entencd in RegiSter
Book
62. Whenever a memorandum of any instrument has Ent been entered on a certificate of title in the Register Book, the Registrar shall enter the like memorandum on the duplicate nertificate, and he shall endorse on every instrument registered a certificate of the time at which the memorandum was entered in the Register Book :
Provided always that the time at which the instrument was produced for registration, subject to the terms of the proviso contained in section 58, shall be deemed and shall be stated by the Registrar in his certificate, as the time at which the memorandum was entered in the Register Book. T e Registrar shall authenticate such certificate by signing h his name thereto and such certificate shall be received in all courts as conclusive evidence that such instrument has been duly registered and at the time stated in the said certificcrte.
6 . When land has been brought under the operation EffFtiof. 3 registtahon of this Act, no instrument until registered in manner herein ornodregistfation provided shall be effectual to pass any estate or interest in ofhsbrt. such land, or to render such land liable to any mortgage or charge; but upon such registration the estate or interest lands brougb comprised in the instrument shall pass or, as the case may unkrmthis be, the land shall 6ecome liable in manner and subject to the Act* covenants and conditions set forth and specified in the instrument, or by this Act declared to be implied m instru[The inclusion of this page is authorized by L.N. 480/19731
REGlSTRATlON OF TITLES
ments of a like nature; and should two or more instruments signed by the same proprietor, and purporting to affect the same estate or interest, be at the same time presented to the Registrar for registration, the Registrar shall register and endorse that instrument which shall be presented by the person producing the certificate of title.
Issue of certificates of title.
64. The proprietor of land under the operation of this Ad shall be entitled to receive a certificate of title to the same; and if any certificate be issued to a minor, or to a
person under any disability, the Registrar shall state the age of such minor, or the nature of the disability, so far as known to him.
Joint tenants. tenants in commonand coparcenen.
65. Two or more persons may be registered under this Act as joint tenants, tenants in common or coparceners of any land. In ali cases where two or more persons are registered as tenants in common or as coparceners of any land one certificate for the entirety or separate certificates for the undivided shares may be issued; but in the case of persons registered as joint tenants, one certificate only shall be issued.
Procedure as to registration of two or joint propnet-
66. Upon the transfer of any land, and upon the lease of any freehold land, to two or more persons as joint proprietors, with the words, no survivorship endorsed thereon, the Registrar shall enter such words in the memorandum of such transfer or lease, and also upon any certificate of title issued to such joint proprietors pursuant to such transfer, and sign his name thereto.
Where two or more persons are joint proprietors of any land or of any such lease, or of any charge, they may, by writing under their hands, direct the Registrar to enter the words no survivorship upon the certificate of title or instrument relating to the property. In every case after such words shall have been signed by the Registrar, whether
C c inclusion of this page is authorized by L.N.WRO/1973] Th
41
under this or section 57 it shall not be lawful for any persons other than all the proprietors registered to transfer or otherwise deal with the property without the order of the Supreme Court or a Judge thereof obtained on motion or petition or in cases where the value of the land affected shall not exceed four hundred dollars, then of the Resident Magistrate's Court of the parish in which the land is situated : Provided that nothing hereinbefore contained shall prevent the surviving or remaining trustee or trustees from transferring the land so as to give effect to any valid appointwrit of a new trustee or trustees or the Registrar from registering in the usual manner, such transfer.
I
67. Before the Court
or Judge or Resident Magistrate
shall make any such order, it or he may cause notice of the application for the same to be advertised once at least in one newspaper published in the city of Kingston, or circulating in the neighbourhood of the land, and shall appoint a time within which it shall be lawful for any person interested to show cause against such order being made, after the expiration of which time it shall be lawful for the said Court or Judge or Resident Magistrate to give directions for the transfer of such land or lease or charge to any new proprietor or proprietors solely or jointly with or in the place of any existing proprietor or proprietors, or to make such order in the premises as shall be just for the protection of any person beneficially interested in such property, or in the proceeds thereof; and on such order being deposited with the Registrar he shall make such entries and perform such acts for giving effect thereto as the provisions of this Act may render necessary.
68. No certificate of title registered and granted under this Act shall 'be impeached or dehsible by reason or on account of any informality or irregularity in the application for the same, or in the proceedings previous to the rcgistra-
,
I
42
KEGlSl'RATlON OF TITLES
tion of the certificate; and every certificate of title issued under any of tfie provisions herein contained shall be received in all courts as evidence of the particulars therein set forth, and of the entry thereof in the Register Book, and shall, subject to the subsequent operation of any statute of limitations, be conclusive evidence that the person named in such certificate as the proprietor of or having any estate or interest in, or power to appoint or dispose of the land therein described is seised or possessed of such estate or interest or has such power.
certificate of
use of
titlein actions btweu, the
69. In any suit for specific performance, or i any action n for damages, brought by a proprictoi of any land under
pUIchuu. wndormd
operation of this Act against a person who may have contracted to purchase such land, not having notice of any fraud or other circumstana which, according t the provio sions of this Ait, WOW affect the right of the vendor, the certificate of title of such proprietor shall, if such proprietor is registered with an absolute title, be held to be conclusive evidence that such proprietor has a good and valid title to the land for .the estate or interest therein mentioned or described, and shall in any such suit entitle such proprietor to a decrce for the specific performance of such contract. And if such proprietor is registered with a qualified title the certificate shall be conclusive evidence tbat he has a good and valid title, subject t tho qualification therein set forth. o
~d pnor P*fe?tid rights defeated i n favourof registered

proprietor.
70. Notwithstanding the existence in any other person of any estate or interest, whether derived 'by grant from the -Crown or otherwise, which but for this Act might be herd to be paramount or to have priority, the proprietor of land or of any estate or interest in land under the operaf f tion o this Act shall, except in case o fraud, hold the same as the same may be described or identified in the certificate of title, subject to my qualification that may be specified in o the certificate, and t such incumbrances as may be notified
,
[ ~ i a c l u s i o D o f t b i s H l c i b L*N. 480/1973] l~
REOISTRATION OF TITLES
43
on the folium of the Register Book constituted by his certificate of title, but absolutely free from all other incumbrances whatsoever, except the estate or interest of a proprietor claiming the same land under a prior registered certificate of title, and except as regards any portion of land that m y by wrong description of parcels or boundaries be included i n the certificate of title or instrument evidencing the title of such proprietor not being a purchaser for valuable consideration or deriving from or through such a purchaser: Provided always that the land which shall be included in any certificate o title or registered instrument shall be f deemed to be subject to the reservations, exceptions, conditions and powers (if any), contained in the patent thereof, @ndto any rights acquired over such land since the same was brought under the operation of this Act under any statute of limitations, and to any public rights of way, and to any easement aequired by enjoyment or user, or subsisting over or upon or atfecting such land, and to any unpaid rates and assessments, quit rents or taxes, that have accrued due since the land was brought under the operation of this Act, and also to the interests of any tenant of the land for a term not exceeding three years, notwithstanding the same respectively may not be specially notified as incumbrances in such certificate or instrument.
71. Except in the case of fraud, no person contracting or dealing with, or taking or proposing to take a transfer, from the proprietor of any registered land, lease, mortgage or charge, shall be required or in any manner concerned to enquire UI ascertain Ihz circumstances under, or the consideration for, which such proprietor or any previous proprietor thereoi was registered, or to see to the application of any purchase or consideration money, or shall be affected by notice, actual or copstructive, of any trust or unregistered interest, any rule of lkw or equity to the contrary notwith,
p h c inclusion of this page is authorkcd by L.N. 4W19731
t o p ties dcali with regis etor. red
Pr0-n
f
I
44
REGISTRATION OF TITIJFS
standing; and the knowledge that any such trust or unregistered interest is in existenoe shall not of itself be imputed as fraud.
Righb9etc.. of registered proprietorof an estate of sub@to a 1-0.
*hold
72. The person named i any certificate of title as the n proprietor of any estate of freehold in possession in the land therein described shall be held, i every court to be n seised of the reversion and inheritance in the land immediately expectant upon the t r of any lease that may be em mentioned as an incumbrance in such certificate, and to have all powers, rights and remedies, to which such a reversion by law is entitled, and shall be subject to aIl the covenants and conditions in such lease to be performed and observed by or on the part of the lessor.
73. Without lessening or prejudicing any of the other rights, powers and remedies, by this Act given and conferred every proprietor, and every transferee, when registered, of any land, lease, mortgage or charge shall whilst continuing so registered have the same estates, rights, powers and remedies, and be subject to the same engagements, obligations and liabilities, and may sue and be sued in his own name in respect thereof or thereupon in like manner as if he had been the original proprietor of the land by or with whom the engagement, obligation or liability, sued upon was entered into or incurred, or the original mortgagee, lessee or annuitant.
74. The proprietor of any land, or any lease, mortgage or charge, shall, on the application of any beneficiary or person interested therein, be bound to allow his name to be used by such beneficiary or person in any action, suit or proceeding, which it may be necessary or proper to bring or institute in the name of such proprietor concerning such land, lease, mortgage or charge, or for the protection or benefit d . t h e title vested in such proprietor, or of the
[The inclusiotl of chis page is authoriad by LN. 430/19731
Rightsand liabilitiesof personfor time being registercdas prop*etor.
U e by s beneficiary inanyaction of the name of any proprietor.
K EGISlRA 110N OF TITLES
45
interest of any such beneficiary or person; but nevertheless such proprietor shall, in any such case, be enlilled 10 be indemnified in like manner as if, being a trustee, he would before the commencement of this Act have been entitled to be indemnified in a similar case of his name being used in any such action, suit or proceeding, by his cesrui que trust.
75. When land shall have been brought under the operation of this Act, and a certificate shall have been issuzd subject to a mortgage or other incumbrance made or given before the issuing of such certificate, such mortgagc or other incumbrance may be discharged in like manner as if it were a mortgage or other incumbrance made in the manner prescribed by and registered under this Act, and the mortgagee or other person claiming under such mortgage or incumbrance may exercise the same rights and remedies as if the mortgage or other incumbrance had been made and registered in the form and manrler prescribed bv this Act.
E I T ~ofo ccrtijcatc
subj+tto&
;$ z$t g ;
Inspection of Register Book 76. Any person may, on payment of the fee for the time being payable i that behalf, inspect the Register Book n during the hours and upon the days of business.
OBfOo~~~
? 2& s: t
I n S F
The Registrar, on payment of the fee for the time being

payable for a certified copy, shall furnish to any person applying for the same a certified copy of any certificate of title, filed plan, deposited plan, caveat or registered instrument, affecting land under the operation of this Act; and every such certified copy, signed by him and authenticated by the seal of the Office of Titles, shall be received in evidence in any court of justice, or before any person having by law, or by consent o parties, authority to receive f evidence as prima facie proof of the original certificate, caveat or instrument, and of aU the matters contained or recited in or endorsed thereon respectively.
m inclusion o this page is authoriwd by L.N. 480/1973] e f
46
Provisions as to Certificates
As to
exchanging certificates.
77. On the application of any proprietor of land held
under one or more certificates of title, or of land so held and of land about to be brought under this Act and on his delivering up the duplicate certificates of title the Registrar may register one certificate of title for the whole of such land, or several certificates for the several portions thereof in the name of such person in accordance with such application, so far as the same may be done consistently with any regulations for the time being in force respecting the parcels of land that may be included in one certificate of title, and upon registering any certificate under this section the Registrar shall cancel the previous certificate and the duplicate thereof and shall endorse thereupon a memorandum setting forth the occasion of such cancellation and referring to the new certificate.
78. Such references shall. be noted in the Register
References to be noted in Register to enable title to be traced.
Book
and on instruments filed hereunder, as will allow the title to be traced either downwards from or upwards to the original certificate; but it shall not be necessary, in any certified copy of any certificate or instrument, to insert such references; and every such copy shall be deemed complete notwithstanding the omission of such references.
79. The Registrar, if in his opinion the number or nature of the entries on any certificate of title or the condition of the certificate of title or the duplicate or special certificate of title render it expedient so to do, may require that the duplicate or special certificate of title be surrendered for cancellation and upon such surrender the Registrar shall proceed as if an application had *beenmade to him under section 77 for the registration of a new certificate of title for the land comprised in the surrendered certificate.
[Thc inclusion of this page is authorizeJ by LN. 48011979
What Registrar m a y require.
47
Registrar's power to amend.
25/1%7 S. lo(l).
80. On the occasion of the registration of a certificate of title to registered land or at any time thereafter the Registrar, after such enquiry and notices, if any, as he may consider proper and upon the production o such evidence and the f compliance with such requests, if any, as he may think necessary to require or make, mayamend the description of the land by the omission of any general words of description or in such other manner as he may think proper; omit such entries or portions of entries as he is satisfied no longer affect the land or the title thereto; insert, amend or delete the name of any road and the number by which any land on such road is designated; substitute the correct name, address or occupation of any person whose name, address or occupation was incorrectly entered.
81.-( 1) Whenever any transaction or transmission under this Act is proposed to be registered, and it is required by this Act that a memorandum of such transaction or transmission shall be endorsed upon the duplicate certificate of title, the Registrar may dispense with the production of such duplicate and the making of such endorsement thereon.
~e
(2) In every such case, upon the registration of the transaction or transmission the Registrar shall notify, i n the memorandum in the Register Book, that no entry of such memorandum has been made on the duplicate, and such transaction or transmission s h d thereupon be as valid and effectual as if such memorandum had been entered thereon.
(3) Provided always that the Registrar before registering such transaction or transmission shall require
C l b inclasion of this page is authorized by LN 480/1973] ..
cased.
48
proof to his satisfaction by statutory declaration that the duplicate is not deposited or held as security or otherwise, and whether it is subject to any lien, and shall give at least fourteen days notice of his intention to register such transaction or transmission in at least one newspaper and such other notice, if any, as he may think fit.
Proceedings on certificate title being
Whenever a duplicate certificate of title or special certificate of title is lost or destroyed the registered proprietor of the land or some person claiming through him may apply to the Registrar to cancel the certificate of title and to register a new certificate in duplicate in the name of the registered proprietor or his transferee in place of such certificate and duplicate or special certificate. On proof being furnished to h s satisfaction of such loss or i destruction, and on such requisitions, if any, which he may make being complied with, and on the expiration of the notice to be given as hereinafter provided without sufficient cause having been shown against the application, the Registrar shall cancel the certificate and register a new certificate in duplicate in the name of the registered proprietor or his transferee in place of the former certificate and duplicate or special certificate?both of which shall thereupon be deemed to be cancelled. (2) Before disposing of the application the Registrar shall give at least fourteen days notice thereof in at least one newspaper and such other notice, if any, as he may think fit. (3) An application under this section may be combined with an application under section 81 to dispense with the production of a duplicate certificate.
82.-(1)
Construction of certificate oftitle.
83. Every certificate of any person or corporation, sole or aggregate, being the proprietor of an estate in fee simple, whether in possession, remainder or reversion, and every
lThe inclusion of this page is authorized by
L X 480/1973]
RECtSTRATlON OF TITLES
49
instrument transferring or creating such an estate to or i n favour of any person or corporation shall imply and be deemed to include the heirs of such person, or the successors of such corporation.
84. A married woman who is registered as a proprietor WO-a i d M
within the meaning of this Act shall for all the purposes of this Act be deemed to be a fern sole.
Title acquired by possession ofregistered land 85. Any person who claims that he has acquired a title by possession to land which is under the operation of this Act may apply to the Registrar to be registered as the proprietor of such land in fee simple or for such estate as such person may claim.
86.--(1)
Every application under section 85 shall(a) be ip the form set out in the First Schedule, substituting for the words hereby apply t have the o lands hereinafter described brought under the operation of the Registration of Titles Act, the words hereby apply to be registered as the pro- 2s 1967 s (1. prietor of the lands hereinafter described, such lands having already been brought under the operation of the Registration of Titles Act, and with such other m d f c t o s as the cast m y oiiain require; (6) b e m @ e d b y (9 the evidence upon which the applicant relies m support of his application; (ii) an aflidavit containing such particulars a8 may be prescribed; p inchuion of thir ir by U. m/t~3i
50
Eighteenth Schedule.
(iii) the fees set forth in the Eighteenth Schedule as payable on an application to bring land under the operation of this Act; (iv) a certificate from the proper officer that all quit rents and property tax affecting the land have been paid up to the date of the application.
(2) The provisions of sections 31 to 36 (both inclusive) and sections 43 to 46 (both inclusive) shall apply, mutatis mutandis, in relation to an application under section 85 as they apply in relation to an application to have
land brought under the operation of this Act.

Cancellation of existing title and registration of title acquired by possession.
2511967 11.
s.
87. If at the expiration of the time appointed by the Referee under section 33 for the lodging of a caveat the Registrar has not received a caveat forbidding the registration of the title of the applicant thk Registrar shall do any of the following, namely(a) cancel any existing certificate of title or rectify such certificate so as to conform with the registration of the title of the applicant; (b) issue any new certificate of title with such description or identification of the land as may have been approved by the Referee.
Transfer of rcgisteted land.

Fourth Schedule. Forms A, and C.
Transfers 88. The proprietor of land, or of a lease, mortgage or charge, or of any estate, right or intercst, therein respectively, may transfer the same, by transfer in one of the Forms A, B or C in the Fourth Schedule hereto; and a woman entitled to any right or contingent right to dower in or out of any freehold land shall be deemed a proprietor within the meaning hereof. Upon the registration of the transfer, the estate and interest of the proprietor as set forth in such instrument, or which he shall be entitled or able to
[The inclusion o this page is authorized by U. f 4SU/1973]
51
transfer or dispose of under any power, with a l rights, l powers and privileges thereto belonging or appertaining, shall pass to the transferee; and such transferee shall thereupon become the proprietor thereof, and whilst continuing such shall be subject to and liable for all and every the same requirements and liabilities to which he would have been subject and liable if he had been the former proprietor, of the original lessee, mortgagee or annuitant.
89. By virtue of every such transfer as is herein mentioned the right to sue upon any mortgage or other instrument, and to recover any debt, sum of money, annuity or damages, thereunder (notwithstanding the same may be deemed or held to constitute a chose in action), and al interest in any l such debt, sum of money, annuity or damages, shall be transferred so as to vest the same at law as well as in equity in the transferee thereof:
=of
~ C T .
Provided always that nothing herein contained shall prevent a court from giving effect to any trusts afbting such debt, sum of money, annuity or damages, i case the n transferee shall, as between himself and any other person bold the same as a trustee.
90. The proprietor of land, or of any estate or interest in land, under the operation of this Act, whether of the nature of real or personal property, may transfer such land, estate or interest, to his wife or if such proprietor be a married woman it shall be lawful for her to make such transfer to her husband, or it shall be lawful for such proprietor to make such transfer directly to himself and another person, or if seised or possessed jointly with any other person then jointly with such person to himself alone, or to create or execute any power of appointment or disposition, or to create or limit estates in remainder, or otherwise, as legal estates of or concerning land the subject thereof, without the intervention of any precedent or particular estate, and
[The inclusion of this page is outhorizcd by
pz $ &
PO
nof
'
L N 480119731 ..
52
REGISTR A TlON OF TITLES
also like estates as legal estates without the employment ot intervention of any form of use; and upon the registration of such transfer, the land, estate or interest, shall vest in the transferee solely or jointly, as the case may be, or in the person in whose favour any such power may have been executed, or who may take under any such limitation or otherwise, according to the intent and meaning of such instrument, and she, he or they, shall become and be deemed the proprietor or proprietors thereof.
HCW~Xfer registered.
91. Whenever by a transfer, or by any other lawful mode, a portion only of the land comprised in any certificate of title passes to any person other than the registered proprietor thereof, the Registrar, having duly registered the instrument under which such portion passes, shall, on payment of the fee payable under the provisions of this Act, register the n title of the person to whom such interest has passed i manner hereinbefore provided in the case of land being first brdught under the operation of this Act; but when the whole of the land passes to any person other than as aforesaid, it shall not be bicumbent on the Registrar to make out a new certificate of title in the name of such person, but such person shall be deemed to be duly registered as proprietor of such land when a memorandum of the transfer or other legal mode as aforesaid shall have been registered under this Act: Provided always that if the transferee desire it, the Registrar shall cancel the certificate of title and the duplicate, and shall retain such duplicate, and issue a new certificate of title in the name of the transferee :
Provided also that where a portion only of the land comprised in a certificate of title passes to any person other than the registered proprietor thereof the Registrar may, if he considers that the description of the portion so passing is inadequate to enable the boundaries thereof to be easily
[The ioclusioo of this page is uutliohxl by LN 4SO/1!)731
53
ascertained, refuse to register the title of the person to whom such portion passes unless the portion so passing is described and identified by plat or diagram.
92. In every transfer of land under the operation of this CO lied Im nants Act subject to a mortgage or charge, there shall be implied by mnsfcreo a covenant with the mortgagee or annuitant by the transferee of1 nd to a sub binding the latter and his heirs, executors, administrators cha*e. and transferees, that he or they will pay the interest secured by such mortgage, after the rate, and at the time and in the manner therein specified, or will pay the annuity at the times and in the manner specified in the charge, and in the case of land subject to a mortgage, a covenant with the transferor similarly binding that he or they will indemnify and keep harmless the transferor and his representatives from and against the principal sum secured by the mortgage, and from and against all liability in respect of any of the covenants therein contained, or by this Act declared to be implied therein, on the part of the trwferor :
e
I
Provided that no such transfer shall be registered unless duly executed by the transferee. 93. Whenever any transfer or lease of freebold land shall contain the words Together with a right of carriage way over bpecifying or describing the road or roads over whch the easement is created, and referring to a map endorsed whereon such road or roads is or are coloured I such words shall have the same effect, and be construed as if there had been inserted in such transfer or lease the words contained i Forms A and B respectively in the Ffh Schedule. n it A memorandum of any transfer or lease creating any easement over or upon or afltecting any l n under the ad operation of this Act shall be entered on the fdium of the Register Book, constituted by the existing certificate of title
T
of
qb F
F l w inclusion of this pue L authorized by L.N. 480119131
54
REGZSTRATZON OF TZTLES
of such land, in addition to any other entry concerning such instrument required by this Act.
Leares
Lease of registered land. Sixth Schdule.
94. A n y freehold land under the operation of t i Act hs may be leased for any t r not being less than one year em by the execution of a lease thereof in the form in the Sixth Schedule, and the registration of such lease under this Act; but no lease of any land subject to a mortgage or charge shall be valid or binding against the mortgagee or annuitant unless he shall have consented in Writing to such lease prior to the same being registered.
Implid covenants by
I-.
9 . In every lease made under the provisions of this A d 5 there shall be implied the following covenants With the lessor and his transferees by the lessee, binding the latter and his heirs, executors, administrators and transferees, that is to saythat he or they will pay the rent reserved by the lease at the times therein mentioned, and all rates and taxes which may be payable by the occupier of such Ieased property during the continuance of the lease unless otherwise specially provided; that he or they will keep and yield up the leased property in good and tenantable repair, accidents and damages from storm and tempest, or other acts of God and the Queen's enemies, and reasonable wear and tear, excepted.
lease made under this A t c em 96. In everythe lessor and his transfereesthem shall also be implied i n the following
Implid*
powers, that i to says (a) that he or they may, with or without surveyors, workmen or others, once in every year during the term, at a reasonable time of the day, enter upon
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55
the leased property, and view the state of repair thereof;

(b) that in case the rent or any part thereof shall be in arrear for the space of one month, although no legal or formal demand shall have been made for payment thereof, or in case of any breach or non-observance of any of the covenants expressed in the lease, or by this Act declared to be implied therein, on the part of the lessee or his transferees, and such breach or non-observance continuing for the space of one month, it shall be lawful for the lessor or his transferees to re-enter upon and take possession of the leased property.
97. Whenever, in any lease made under this Act, the lessee shall employ any of the forms of words contained in column one of the Seventh Schedule, and distinguished by any number therein, such lease shall be taken to have the same effect and be construed as if he had inserted therein the form of words contained in column two of the same Schedule, and distinguished by the corresponding number, and every such form shall be deemed a covenant with the lessor and his transferees by the lessee, binding the latter and his heirs, executors, administrators and transferees, but it shall not be necessary in any such lease to insert any such number. There may be introduced into or annexed to any of the forms in the first column any express exceptions from or express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.
98. In every transfer of a lease made under this Act, and in every transfer of a grant for years, there shall be implied a covenant with the lessor by the transferee binding him and his heirs, executors, administrators and transferees, that he or they will thenceforth pay the rent by the lease or grant
Adoptionof sh r t f o m of rovisionr
Evenanb. l i
%wenth schedule.
ydars.
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~~
this page is authorized by L.N. 480/1973]
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reserved, and perform and observe all the covenants contained in the lease or grant, or by this Act declared to be implied in the lease, and on the part of the lessee or his transferees to be performed and observed, and a covenant with the transferor that he will indemnify and keep harmless the transferor and his representatives against all actions, suits, claims, and expenses, in respect of the non-payment of such rent, or the breach or non-observance of such covenants or any of them : Provided that no such transfer shall be registered unless the same is duly executed by the transferee.
Entry of recovery of land by lessor.
99. The Registrar, upon proof to his satisfaction of reentry by the lessor or his transferees in *mannerprescribed by the lease or by virtue of the power conferred by subparagraph (b)of section %, or of recovery of possession by a lessor or his transferees by any proceeding in law, shall note the same by entry in the Register Book and on the duplicate certificate of title and thereupon the term for which the land was leased and the estate of the lessee shall determine but without releasing the lessee from his liability. in respect of the breach or non-observance of any covenant expressed in the lease or by this Act declared to be implied therein.
100. Upon the bankruptcy of the proprietor of any lease made under this Act subject to one mortgage only, or to several mortgages, if owned by the same person, the Registrar on the application in writing of the mortgagee or his transferees, accompanied by a statement signed by the trustee of such bankrupt refusing to accept such lease, shall enter in the Register Book a note of such refusal; and such entry shall operate as a foreclosure, and as a transfer of the interest of the bankrupt in such lease to the mortgagee or his transferees; and if he or they shall neglect or refuse to make such application as aforesaid within forty-two days after notice in writing in that behalf from the lessor or his
m inclusion of this page is authorized by e
Transmission on bankruptcy of lessor.
L.N. 48OJ1973)
57
transferees shall have been served on the mortgagee or his transferees, by being given to him or them, or by being sent through the post office a registered letter directed to him by or them at his or their address, as stated in the mortgage n or transfer thereof, the Registrar, on the application i writing of the lessor or his transferees to be registered as a surrenderee or surrenderees of the lease, accompanied by such a statement as aforesaid, and proof of such neglect or refusal, shall enter in the Register Book notice of such statement and of such neglect or refusal; and such entry shall operate as a surrender of such lease discharged from the mortgage or several mortgages as aforesaid, but without prejudice to any action or cause of action which shall previously have been commenced or accrued in respect of any ;breach or non-observance of any covenant expressed in the lease, or by this Act declared to be implied therein.
VI
101. A lease made under this Act may be surrendered and determined as well by operation of law or under any enactment now or hereafter to be in force relating to bankrupts and their estates, as by the word Surrendered with the date being endorsed upon such lease or on the duplicate thereof (if any) and signed by the lessee or his transferee and by the lessor or his transferee and attested by a witness. The Registrar shall enter in the Register Book a memoraiidum recording the date of such surrender, and shall likewise endorse upon the duplicate (if any) a memorandum recording the fact of such entry having becn made.
Smnder of lease.
Upon such entry in the Register Book, the estate and interest of the lessee or his transferee shall vest in the lessor, or in the proprietor for the time being of the reversion and inheritance in the land immediately expectant on the term; and production of such lease, or duplicate (if any) bearing such endorsement and memorandum, shall be sufficient evidence that such lease has been legally surrendered :
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Provided that no lease subject to a mortgage or charge shall be so surrendered without the consent in writing of the proprietor of such mortgage or charge.
Underleases. 2511967 5.12.
102.41) The lessee of land under the operation of this Act may by instrument in the prescribed form make under this Act an under-lease out of his leasehold interest with a leasehold reversion. (2) The registration of an under-lease shall be effected by the Registrar entering, on the instrument of the appropriate head lease lodged with him, a memorandum of such under-lease.
(3) The determination of a registered head lease by forfeiture: or operation of law, or by surrender under any enactment relating to bankruptcy shall also have effect as a determination of the under-lease derived therefrom.
(4) In every under-lease granted under this Act there shall be an implied covenant that the under-lessor will, during the term of such under-lease, pay the rent reserved by and perform and observe the covenants and agreements contained in the head lease and required on his part to be paid, performed and observed, as the case may be.
(5) All the provisions of this Act relating to leases, lessors and lessees shall, subject to the provisions of this section, apply mutatis mutandis to under-leases, underlessors and under-lessees, respectively.
and charges affecting land. Eighth Schedule.
MO*-=
Nnh it
Schedule.
Morigages and Charges 103. The proprietor of any land under the operation of this Act may mortgage the same by signing a lnortgage thereof in the form in the Eighth Schedule, and may charge the same with the payment of an annuity by signing a charge thereof in the form in the Ninth Schedule.
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104. The proprietor of any land under the operation of M d v tab w this Act may mortgage the same to any building society Tslrth m. by signing a mortgage thereof in the form in the Tenth Schedule.
105. A mortgage and charge under this Act shall, when E f l - d resirtsrinl. registered as hereinbefore provided, have effect as a h e , mortllyr but shall not operate as a transfer of the land thereby mortgaged or charged; and in case default be made in payment of the principal sum, interest or annuity secured, or any part thereof respectively, or in the performance or observance gf any covenant expressed in any mortgage or charge, or hereby declared to be implied in any mortgage, and such default be continued for one month, or for such other period of time as may therein for that purpose be expressly fixed, the mortgagee or annuitant, or his transferees, may give to tht mortgagor or grantor or his transferees notice in writing to pay the money owing on such mortgage or charge, or to perform and observe the aforesaid covenants (as the case may be) by giving such notice to him or them, or by leaving the same on some conspicuous place on the mortgaged or charged land, or by sending the same through the post office by a registered letter directed to the then proprietor of the land at his address appearing in the Register Book.
106. If such default in payment, or i performance or POW* n observance of covenants, shall continue for one month afkr sale in +8sCa ofdefault. the service of such ngtice, or for such other period as may in such mortgage or charge be for that purpose fixed, the mortgagee or annuitant, or his transferees, may sell the land mortgaged or charged, or any part thereof, either altogether or in lots, by public auction or by private contract, and either at one or at several times and subject to such terms and conditions as may be deemed fit, and may buy in or vary or rescind any contract for sale, and resell in manner
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aforesaid, without being liable to the mortgagor or grantor for any loss occasioned thereby, and may make and sign such transfers and do such acts and things as shall be necessary for effectuating any such sale, and no purchaser shall be bound to see or inquire whether such default as aforesaid shall have been made or have happened, or haw corltinued, or whether such notice as aforesaid shall have been served, or otherwise into the propriety or regularity of any such sale; and the Registrar upon production of a transfer made in professed exercise of the power of sale conferred by this Act or by the mortgage or charge shall not be concerned or required to make any of the inquiries aforesaid; and any persons damnified by an unauthorized or improper or irregular exercise of the power shall have his remedy only in damages against the person exercising the power.
o~*urchase A Plication money.
1 7 The purchase money arising from the sale of the 0. mortgaged or charged land shall be applied as followsIf the sale be by the mortgagee or his transfereeFirst, in payment of the expenses of and incidental to such sale and consequent on such default; secondly, in payment of the moneys which may be due or owing on the mortgage, thirdly in payment of subsequent mortgages and of any money which may be due or owing in respect of any subsequent charge in the ordzr of their respective priorities; and the surplus (if any) shall be paid to the mortgagor: Provided always that if the sale be made by a mortgagee or his transferees, and there is a subsequent charge, the purchase moneys, after there shall have been made thereout all proper prior payments, shall be deposited by him or them in the manner and names, and for the purposes, corresponding with those after mentioned.
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If the sale be by the annuitant or his transfereesFirst, in payment of the expenses of and incidental to such sale and consequent on such default; then in payment of the moneys which may be due or owing to the annuitant or his transferees; and the residue shall be deposited by him or them at interest in the Workers Savings and Loan Bank, in the joint names of the annuitant or his transferees and of the Registrar, to satisfy the accruing payments of the charge, and, subject thereto, for the benefit of the persons who may be or become entitled to the residue of the deposited money.
108. Upon the registration of any transfer signed by a mortgagee or annuitant, or his transferees, for the purpose of such sale as aforesaid, the estate and interest of the mortgagor or grantor in the land therein described at the time of the registration of the mortgage or charge, or which he was then entitled or able to transfer or dispose of under any power of appointment or disposition, or under any power herein contained, shall pass to and vest in the purchaser, freed and discharged from all liability on account of such mortgage or charge, and of any mortgage, charge or incumbrance, registered subsequently thereto, excepting a lease to which the mortgagee or annuitant., or his transferees, shall have consented in writing; and the purchaser when registered as the proprietor shall be deemed a transferee of such land, and shall be entitled to receive a certificate of title to the same.
109. The mortgagee or annuitant, or his transferees, upon default in payment of the principal sum or interest or annuity, or any part thereof respectively, at the time mentioned in the mortgage or charge, may enter into possession of the mortgaged or charged land by receiving the rents and profits thereof, and may distrain upon the occupier or
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tenant of the land under the power to distrain hereinafter contained, or may bring an action of ejectment to recover the land either before or after entering into the receipt of the rents and profits thereof, or making any distress, and either before or after any sale of such land shall be affected under the power of sale aforesaid, in the same manner in which he or they might have brought such action if the mortgage money or annuity had been secured to him or them by an assurance of the legal estate in the land mortgaged or charged and any mortgagee or his transferee shall be entitled to foreclose the right of the mortgagor or his transferees to redeem the mortgaged land in manner hereinafter provided.
distress in cases of interest or annuity beingin
amear.
Power of
110. Besides his other remedies, every mortgagee or annuitant for the time being, and every transferee of a mortgage or charge for the time being, shall be entitled, as often as it shall happen that the interest or annuity or any part thereof respectively shall be in arrear for twenty-one days, and after seven days shall have elapsed from an application to the occupier or tenant for the payment thereof, to enter upon the mortgaged or charged land and distrain the goods and chattels of such occupier or tenant for the arrears of the said interest or annuity, and the distress and distresses then and there found to dispose of in like manner as landlords may do in respect of distresses for rent reserved upon common demises, and out o the sale moneys to retain f the moneys which shall be so in arrear and all costs and expenses occasioned by such distress and sale :
Provided that no occupier or tenant shall be liable to pay to any such mortgagee or annuitant or transferee a greater sum than the amount o rent which at the time of f making such application for payment shall be due from such occupier or tenant; and any amount so paid, as well as any amount which shall be paid by h m to any such i
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mortgagee or annuitant or transferee during the time he may be-inreceipt of the rents and profitsi shall be held to be pro tanto satisfaction of the rent : And provided also that if there be more than,one mortgage or charge on any land the mortgagees or annuitants shall be entitled to exercise the remedy given by this section according to their priorities.
Ill. In every mortgage made under the provisions of this Act there shall be implied covenants with the mort: gagee and his transferees by the mortgagor, binding the latter, and his heirs, executors, administrators and transferees, that he or they will pay the principal money therein mentioned on the day therein appointed, and will, so long as the principal money or any part thereof shall remain unpaid, pay interest thereon or on so much thereof as shall for the time being remain unpaid, at the rate, and on the days and in manner therein specified; also that he or they will repair and keep in repair ail buildings or other improvements which shall have been or shall be erected or made upon the mortgaged land, and that the mortgagee i and h s transferees may at all reasonable times until such m r g g be redeemed, enter into and upon such land, with otae or without surveyors or others, to view and inspect the state o repair of such buildings or improvements. f
E.: %
~w-nu
112. A mortgagee of or annuitant upon land leased under this Act, and his transferees, after entering h t o possession of the land, or the receipt of the rents and profits thereof, shall during such possession or receipt, and to the extent of any benefit, rents and profits, which may be received, become and be subject and liable to the lessor of the said land or his transferees, or the person for the time being entitled to the reversion and inheritance expectant on the t r of the lease, for the payment of the nmt nxerved em by the lease, and the performance and obsemance of the
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csvenants therein contained or by this Act declared to be implied therein, on the part of the lessee or his transferees.
Short :ovenant for insurance.
Elcvcnth khedule.
113. Whenever in any mortgage made under this Act the mortgagor shall employ the form of words contained in column one of the Eleventh Schedule, such mortgage shall be taken to have the same effect and be construed as if he had inserted therein the form of words contained in column two of the same Schedule, and every such form shall be deemed a covenant with the mortgagee and his transferees by the mortgagor, binding the latter and his heirs, executors, administrators and transferees. There may be introduced into or annexed to the said form in the first column any express exception from or express qualification thereof, and the like exception or qualification shall be taken to be made from or in the form in the second column.
Rights of mortga ees reservc! until discharge or transfer is registered.
114. In addition to and concurrently with the rights and powers conferred on mortgagees and on transferees of mortgagees by this Act, every mortgagee for the time being o land under this Act and every transferee of a mortgage f for the time being upon any such land shall, until a dlscharge from the whole of the money secured, or until a transfer upon a sale or an order for foreclosure, as the case may be, shall have been registered, have the same rights and remedies at law and in equity as he would have had or been entitled to if the legal estate in the land or term mortgaged had been actually vested in him, with a right in the mortgagor of quiet enjoyment of the mortgaged land until default in payment of the principal and interest money secured or some part thereof respectively, or until a breach in the performance or observance of some covenant expressed in the mortgage or to be implied therein by the provisions of this Act. Nothing contained in this section shall affect or prejudice the rights or liabilities of any such mortgagee or transferee after an order for foreclosure shall have been entered i the n
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Register Book, or shall, until the entry of such an order, render a mortgagee of a lease made under this Act, or the transferee of his mortgage, liable to or for the payment of the rent reserved by the lease, or for the performance or observance of the covenants expressed or to be implied therein.
115. A mortgagor or his transferee shall not, either before or after such default or breach as aforesaid, commence in his own name any action at law for or in respect of any cause of action for which a mortgagee or his transferee may sue under the last preceding section, without obtaining the previous consent in writing of such mortgagee or transferee, or his agent, to the commencement of such action, after giving which consent such mortgagee or transferee shall not be entitled to bring in his name any action in respect of the cause of action specified in such consent.
AS~O oon#nt of mottgageb
I a mortgagor or his transferee shall bring any such f action in his own name, and the defendant shall prove the existence of a mortgage, the plaintiff shall not be non-suited, nor shall there be a verdict or judgment against him, if he prove in reply that the action was brought with the written consent of the mortgagee, or of the transferee of his mortgage, or his agent.
1 6 Any sum of money which shall become payable to 1. the mortgagor or his transferee under any judgment, decree or order ixi any action by him, in the Supreme Court or in any Resident MagistrateP Court for or on account of any waste or damage of or to the land mortgaged, shall be paid to the first mortgagee or his transferee, i reduction or n satisfaction af the moneys secured; and if he shall not be willing to receive the same, or shall thereby be fully paid offthe same, or the balance shall be paid to any subsequent mortgagee or his transferee, according to priority, in like reduction or satisfaction, and if no mortgagee or his
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transferee shall be w l i g or be entitled to receive the same, iln then to the mortgagor or his transferee for his own benefit.
Summonsby
forpayment mortgagofmoney accordmg t o scction 116.
117. Any mortgagee or his transferee entitled to be paid any s u m of money under section 116 may, either before or after judgment or execution obtained under any decree or order as aforesaid, apply to the Judge of the court in which such action was brought for a summons, calling on the plaintiff and defendant, or their solicitors or agents, to attend before the Judge to show cause why any such sum which shall have been recovered as damages in respect of any waste or damage as aforesaid, or which shall become payable on the settlement thereof, shall not be paid to such persons and for such purposes as in the next preceding section mentioned; and the Judge hearing the summons shall determine the matter thereof in a summary manner, and shall make such order therein as to costs and a l other l matters as may appear to be just and reasonable, and the decision of such judge shall be final and conclusive against all parties:
Provided always that every order made in pursuance of this section shall be liable to be rescinded or altered by the court in like manner as other orders made by a single Judge. The Bailif or other officer who shall have the execution of any writ of seizure and sale issued in such action shall, on being served with a copy of such order, obey the same.
A pliation
recovered by OPmonW
=twg--
118. A n y money received by a first mortgagee or his transferee under any proceeding commenced in his name at law or in equity shall, after payment thereout of his costs, be applied in reduction or satisfaction of the moneys secured and, subject f mq M be &sposeu of according to the h t equities of the parties interested.
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REGISTRATION OF TIT=
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for for0 ~losuro bafom cbo
i
119. Whenever default has been made in payment of the principal or interest money secured by a mortgage and such default shall be continued for six months after the time for payment mentioned in the mortgage, the mortgagee or his transferee may make application in writing to the Registrar for an order for foreclosure; and such application shall state that such default has been made and hiis continued for the period aforesaid, and that the land mortgaged has been offered for sale at public auction by a iicensed auctioneer after notice of sale setved as hereinbefore provided, and that the amount of the highest bidding at such sale was not sufficient to satisfy the moneys secured by such mortgage, together with the expenses occasioned by such sale, and that notice in writing of the intention of the mortgagee or his transferee to make an application for foreclosure has been served on the mortgagor or his transferee, by being given to him or them, or by being left on the mortgaged land, or by the same being sent through the post office by a registered letter directed to him or them at his or their address appearing in the Register Book, and also that a like notice of such intention has been served on every person appearing by the Register Book to have any right, estate or interest, to or in the mortgaged land subsequently to such mortgage, by being given to him or sent through the post office by a registered letter directed to him at his address appearing in the Register Book. Such application shall be accompanied by a certificate of the auctioneer by whom such land was put up for sale, and such other proof of the matters stated by the applicant as the Registrar may require, and the statements made in such application shall be verified by statutory declaration.
120. Upon such application the Regiitrar may cause o erfor
notice to be published once in each of three successive weeks, in at least one newspaper published in the city of Kingston, offeringsuch land for private sale, and shall appoint a time
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(not less than one month from the date of the first of such advertisements) upon or after which the Registrar .shall issue to such applicant an order for foreclosure, unless the interval a sufficient amount has been obtained by the sale of such land to satisfy the principal and interest moneys secured, and all expenses occasioned by such sale and proceedings, and every such order for foreclosure under the hand of the Registrar when entered in the Register Book, shall have the effect of vesting in the mortgagee or his transferee the land mentioned in such ader, free from al l right and equity of redemption on the part of the mortgagor or of any person claiming through or under him subsequently to the mortgage; and such mortgagee or his transferee shall, upon such entry being made, be deemed a transferee of the mortgaged land, and become the proprietor thereof, and be entitled to receive a certificate of title to the same, in his own name, and the Registrar shall cancel the previous certificate of title,and duplicate thereof and register a new certificate.
Dischargeof mortgage claimsor other charge
*5/1%7 S. 13 (a).
121.41) Upon production of a memorandum signed by the mortgagee or annuitant, or his transferees, and attested by a witness to the satisfaction of the Registrar, discharging the land from the whole or part of the moneys or annuity secured or discharging any part of the land from the whole of such moneys or annuity, the Registrar shall make an entry in the Register Book, stating the time at which it was made that such mortgage or charge i diss charged wholly or partially, or that part of the land is discharged as aforesaid, as the case may be; ana upon such entry being made, the land or the portion of the laad described in such memorandum shall cease 10 be subject to or liable for such moneys or annuity, or for h e part thereof mentioned in such entry as discharged, and the Registrar shall make a corresponding entry on the duplicate certificate of title when produced to him for that pJrpose.
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(2) If a mortgagor produces to the Registrar S.13 (b). 25/1%7 evidence to the satisfaction of the Registrar(U)
that the whole of the moneys secured on the mortgaged land and all arrears of interest thereon have been paid; and
(b) that the mortgagor is unable to produce a memorandum of the kind referred to in subsection (1) by reason of the fact that before such memorandum could be signed the mortgagee or his transferees died or left Jamaica or disappeared and could not be found, the Registrar shall make an entry in the Register Book, stating the time at which it was made that such mortgage is discharged; and upon such entry being made the land shall cease to be subject to or liable for such moneys and the Registrar shall make a corresponding entry on the duplicate certificate of title when produced to him for that purpose.
122. Upon proof to the satisfaction of the Registrar of the death of the annuitant, or of the occurrence of the event
or circumstance upon which, in accordance with the provisions of any charge, the annuity thereby secured shall cease to be payable, and upon proof to the like satisfaction that all arrears of the annuity and ail costs occasioned by nonpayment thereof have been paid or satisfied, he shall make an entry in the Register Book that such annuity is satisfied and upon such entry being made the land shall cease to be subject to or liable for such annuity; and the Registrar shall make the like entry on the duplicate as is mentioned in section 121.
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Diachargeof amuity.
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Dischatgo when mortgagee dead, or absent from Jamaica or
1 3 In case a mortgagee or his transferee is dead or 2. absent from Jamaica or cannot be found and no person is known by the mortgagor to be authorized to give a receipt for the mortgage money at or after the date appointed for cannot be found and payment thereof, it shall be lawful for the mortgagor to pay -* P bcnted such mortgage money, with all arrears of interest due therc2511967 S 14 (a) 0). on to the Accountant-General, in trust for the mortgagee . or other person entitled thereto, and thereupon the interest upon such mortgage shall cease to run or accrue; and the Registrar shall, upon production of the receipt of the Accountant-General for the amount of the mortgage money and interest, make an entry in the Register Book discharging the land from such mortgage, stating the time at which such entry was made; and such entry shall be a valid discharge from such mortgage, and the Registrar shall make a corresponding entry on the duplicate grant or certificate of title when produced to him for that purpose.
The Accountant-General shall from time to time invest all mortgage money and interest which shall be received by him under this section, together with all dividends and interest which shall accrue thereon, in duly authorized Government securities in Jamaica, or otherwise as a Judge shall direct, for the benefit of the persons who shall for the time being be entitled thereto; but nothing herein contained shall render any Accountant-General in any manner liable for not investing the same respectively. The Registrar shall address to the Accountant-General requisitions to pay to such persons the moneys to which they may be entitled hereunder, and such moneys shall be issued in like manner as moneys are now issued from the Consolidated Fund.
Leases by mortgagees.
124.-(1) A mortgagee of land under this Act while in
pussession thereof, shall, as against a l prior hcumbrances, l if any, and as against the mortgagor, have by virtue of this
71
Act, power to make from time to time any of the following leases(a) an agriculturd or occupation lease for any term not exceeding twenty-one years; and (b) a building lease for any term not exceeding ninety-nine years. (2) Every person making a lease under this section, may execute and do all assurances and things necessary or proper in that behalf.
(3) Every such lease shall be made to take effect in possession, not later than twelve months after its date.
(4) Every such lease shall reserve the best rent that
can reasonably be obtained, regard being had to the circumstances of the case, but without any fine being taken.
(5) Every such lease shall be registered in the manner required by this Act for the registration of instruments affecting lands under this Act, if w'holly executed i Jamaica within ninety days of its execution, or if wholly n or partly executed out of Jamaica, within twelve months of its execution.
(6) Every such building lease shall be made in consideration of the lessee, or some person by whose direction the lease is granted, having erected, or agreeing to erect within not more than five years from the date of the lease, buildings new or additional, or having improved or repaired buildings, or agreeing to improve or repair buildings within that time. or having executed or agreeing to execute within that time on the land leased, an improvement for or in connection with building purposes.
(7)In any such building lease a pepper corn rent, or a nominal or other rent, less than the rent ultimately payable may 'be made payable for the first five years, or any less part of the t r . em
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IiEGIS'I'RA TiON OF TITLES
( 8 ) A contract to make or accept a lease under this seclioli niuy be enforccd within six months of thc making tlici-cuf by or against every person on whom the lease if
grunted, would be binding.

(9)This section applies only if and as far as a contrary intention is not expressed by the mortgagor and mortgagee in the mortgage, or otherwise in writing, and subject to the provisions therein contained.
(10) Nothing in this section shall prevent the mortgage from reserving to or conferring on the mortgagee, any further or other powers of leasing, or having reference to leasing; and any further or other powers so reserved or conferred, shall be exercisable, as far as may be, as if they were conferred by this section, and with all like incidents, effects and consequences, unless a contrary intention is expressed in the mortgage. (11) Nothing in this section shall be construed to enable a mortgagee to make a lease for any longer term, or on any other conditions than such i\s could have been granted or imposed by the mortgagor with the concurrence of all the incumbrancers, if this section had not been passed. (12) The provisions of this section referring to a lease shall be construed to extend and apply, as far as circumstances admit, to any letting, and to an agreement, whether in writing or not, for leasing or letting.
Appointment of receiverby mortgagee.
125.41) A mortgagee of any land under this Act shall
have power, whenever he shall be entitled to sell the mortgaged property, or any part thereof, by writing under his hand, to appoint a receiver of the income of the mortgaged property, or any part thereof. (2) The appointment shall be registered in manner hereinbefore pxovided, before or within thirty days of itq being acted upon.
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(3) The receiver shiill be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage deed otherwise providcs.
(4) The receiver shall have power to demand and recover all the income of the property of which he is appointed receiver, by action, distress, or otherwise in the name either of the mortgagor, or of the mortgagee, to the full extent of the estate or interest which the mortgagor could dispose of, and to give effectual receipts accordingly for the same. ( 5 ) A person paying money to the receiver shall not be concerned to enquire whether any case has happened to authorize the receiver to act.
(6) The receiver may be removed, and a new receiver may be appointed from time to time by the mortgagee, by writing under his hand and registered as aforesaid. (7) The receiver shall be entitled to retain, out of any money received by him, for his remuneration and in satisfaction of all costs, charges and expenses incurred by him as receivzr, a commission at such rate, not exceeding five per centum on the gross amount of all money received, as is specified in his appointment, and if no rate is so specified, then at the rate of five per centum on that gross amount, or at such higher rate as the court thinks fit to allow, on application made by him for that purpose.
(8) The receiver shall, if so directed in writing by the mortgagee, insure and keep insured against loss or damage by fire out of the money received by him, any building, effects or property comprised in the mortgage, whether affixed to the freehold or not, being of an insurable nature.
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(9) The receiver shall apply a l money received by l him as follows, namelyin discharge of all rents, taxes, rates and outgoings whatever affecting the mortgaged property; and in keeping down all annual sums or other payments, and the interest on all principal sums having priority to the mortgage in right whereof he is receiver; and in payment of his commission and of the premiums on fire, life, or other insurances, if any, properly payable under the mortgage deed, or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgap; and in payment of the interest accruing due in respect of -any principal money due under the mortgage, and shall pay the residue of tbe money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of the mortgaged property, or who is otherwise entitled to that property.
Subdivision forSale by Lots
Subdibision of land for sellingout in lots.
126. Any proprietor subdividing any land under the operation of this Act for the purpose of selling the same in allotments shall deposit with the Registrar a map or diagram of such land exhibiting distinctly delineated all roads, streets, passages, thoroughfares, squares or reserves, appropriated or set apart for the use of purchasers and also all allotments into which the said land may be divided, marked with distinct marks or symbols, and showing the areas and declared to be accurate by a statutory declaration of a Commissioned Land Surveyor : Provided always that when any such land is situated withid any portion of a parish to which the provisions of the Local Iniproveiiients Act and any enactment amending the
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same shall apply the proprietor shall deposit with the Registrar copies, certified by the Clerk of the Board under that Act, of the map deposited with the Board and the resolution of the Board sanctioning the subdivision, and no transfer or other instrument effecting a subdivision of any such land otherwise than in accordance with the sanction of the Board shall be registered.
Execution of Instruments by Corporations
127. A corporation, for the purpose of transferring or ~ ~ e c p t i o n
otherwise dealing with any lands under the operation of this Act, or any lease, mortgage or charge, may, in lieu of signing the instrument for such purpose required, afEix thereto its common seal. The seal o the attorney of any corporation whose chief' f or head office of business shall be out of the Island whether such attorney shall have been already constituted, or shall hereafter be constituted, by a power of attorney under a seal purporting to be the common seal of the corporation giving the power, shall be deemed to be the common seal of such corporation within the meaning and for the purposes of this section.
Implied Powers a i d Covenunts
&dments
grN,.,+
mns+
128. Every covenant and power to be implied in any instrument by virtue of this Act may be negatived or modified by express declaration in the instrument, or endorsed thereon, and in the pleadings in any action for breach o any such covenant it shall be lawful to allege that f the party. against whom, or against whose real or personal representatives, such action is brought did so covenant, precisely in the same manner as if such covenant had been expressed in words at length in such instrument, any law or practice to the contrary notwithstanding; and every such implied covenant shall have the same force and effect as if
I ~ P I / ~ wve$ants andI)owen
T$ibcatlons,
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it had been set out at length in such instrument; and where in any instrument there shall be more than one covenantor, such covenants as are by this Act declared to be implied i n instruments of the like nature shall be construed to be
several as well as joint.

Circumregistra-
stances .in which
tion shall be
25/1%7 s. 15.
compulsory.
Compulsory Registration 129.41) Where the Director of Surveys has completed a cadastral plan of the whole or any part of any parish, the Minister may by order declare that such cadastral plan has been completed.
I
(2) Every order made under this section shall-
of which the cadastral plan has been completed; and (b) specify the date on and after which the provisions of subsection (3) shall have effect in relation to lands in that area.
(a) define the area in respect
(3) Where any order is made under this section no conveyance made on or after the date specified by such order shall be effective to pass by way of sale, exchange or gift an estate in fee simple absolute in any land within the area defined by such order unless such conveyance is made(a) by an instrument registered in accordance with the provisions of this Act; or (6) on an application to bring such land under the operation o this Act. f
Registration of title by transmissioh.
Registration on Transm'shn 130.-(1) When registered land or any registerad lease, mortgage, or charge of or upon registered land shall have been acquired by transmission the person claiming to have acquired the same shall apply in writing to the Registrar to be registered as the proprietor thereof and shall furnish such evidence of his claim as the Registrar shall deem to be
ritk itidusion o this m e is authorized by L . 480/ 19731 f N .
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pecessary. upoji siicIi cI,iim being ~~IovccI his satiJaction 10 the Registrar shall enter ii mcmoraiiduni of lhe cliiinge of proprielorship accordingly upon the certificate of tille for the said land, and also (iinlcss he has dispensed with the production thereof) upon the duplicate of the said certificate. Upon such entry being made the person so entitled by transmission shall become tlie transferee of such land, lease, mortgage or charge, and be deemed to be the proprietor thereof, and shall hold the same for the purposes for which it may be applicable by law and subject to any qualification under which the previous proprietor held the same, but for the purpose of any dealings therewith under the provisions of this Act he shall be deemed to be the albsolute proprietor thereof.
(2) The title of every person becoming a transferee under this section shall, upon such entry being made, relate back to and be deemed to have arisen ~ipoii happening the of the event upon which such registered land, lease, mortgage or charge shall have been acquired by transmission as if there had been no interval of time between the happening of such event and such entry.
(3) The Registrar may enter a caveat for the protection of the interests of any other persons interested in such land, lease, mortgage or charge. 131. If there shall be any doubt, dispute or litigation under section 130 as to the true construction or legal validity or effect of any will or settlement relating to any registered land, lease, mortgage or charge, or if the person entitled to any registered land, lease, mortgage or charge under any will, settlement or instrument cannot be ascertained, a Judge may appoint a person to be registered as the representative of such land, lease, mortgage or charge and such person when registered shall become the transferee and be deemed to be-;he proprietor thereof for the purposes
: & E ,
doubt dtc.. undc;
isany
m inclusion of e
this page is authorized by L.N. 480119731
78
of this Act, subject, however, to any directions which shall from time to time be given by a Judge by order duly registered touching the disposition thereof or the dealing therewith. Such registration shall be made by the Registrar entering a memorandum of change of proprietorship as hereinbefore. provided and of such order on the certificate of title and on the duplicate thereof.
Registration o prof prietorship.
132.41) If the personal representatives of a deccasw proprietor of registered land assent to a devise thereof, o if r such land has .been appropriated to a legatee or other beneficiary under the provisions of the R a Property el Representative Act, such devisee, legatee or beneficiary shall. if the personal representatives have not been registered as proprietors of the land, be entitled to apply to be registered as proprietor thereof. Such an application shall be made in like m m e r and the fees payable i respect n thereof shall be the same as on an application fot mgistration by the personal representatives.
(2) I the personal representatives have become f
registered as proprietors o the land no devisee, legatee of f other beneficiary shall be registered as proprietor thereof unless and until a transfer thereof under the provisions of section 88 shall have been executed to h m and duly i registered anything contained in sections 5 and 6 of the said Real Property Representative Act to the contrary notwithstanding.
Payment o f succession duty and estate duty.
s. 6 4 (1).
601 1954
133. The Registrar before entering a memorandum of change of prpprietorship by transmission in respect of land upon the certificate o title shall requh the person applying f for the entry to produce to him a m i p t from the proper officer, or other evidence satisfactory to him showing that all estate duty payable in respect of the land has been paid, or a certificate from the proper officer showing that the land
CThe inclusion of tbis poge ie authorkd by LN. 4RO/l979
79
is not liable for the payment either immediately or at all of any estate duty. Any liability for estate duty not immediately payable shall be noted on the certificate of title.
Registration of Transfer on Sale under a Writ or Order and of Vesting Orders

134. NO execution registered prior to or after the com- tran$fer on Reglsterof mencement of this Act shall bind, charge or affect any land salepdera writ decree or any lease, mortgage or charge, but the Registrar, on being er, served with a copy of any writ or order of sale issued out f. of any court o competent jurisdiction, or of any judgment, f decree or order of such court, accompanied by a statement signed by any party interested, or his attorney, solicitor or agent, specifying the land, lease, mortgage or charge, sought to be: affected thereby, shall, after marking upon such copy the t h e of such service, enter the same in the Register Book; and after any land, lease, mortgage or charge, so specified shall have been sold.under any such writ, judgmeqt, decree or order, the Registrar shall, on receiving a certificate of the sale thereof hfiuch one of the Forms A, B, or C in the fi fth SCh%"k. Twelfth Schedule hereto as the case requires (which certifi- ForhsA, cate shall have the same effect as a transfer made by the B arid C. proprietor), enter such certificate in the Register Book; and on such entry being made the purchaser shall become the transferee, and be deemed the proprietor of such land, lease, mortgage or charge :
cat
I
Provided always that until such service as aforesaid no sale or transfer under any such writ or order shall be valid as against a purchaser for valuable consideration, notwithi standing such writ or order had been actually issued at the time of the purchase, and notwithstanding the purchaser f had actual or constructive notice of the issuing u such writ or order. Upon production to the Registrar o sufficient evidence f of the satisfaction of any writ or order a copy whereof shall
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have been served as aforesaid, he shall make an entry h the Register Book of a memorandum to that effect, and on such entry being made such writ or order shall be deemed to be satisfied. r Every such writ or order shall cease to bind, charge o affect any land, lease, mortgage or charge, specified as afmsaid, unless a certificate of the sale under such writ shall be left for entry upon the register within three months from the day on which such copy was served, or such longer time as the court shall direct.
Registration of vesthg Orden.
135. Whenever any person interested in land under the operation of this Act, or any estate or interest therein, shall appear to the Supreme Court or to any Resident Magistrate's Court to be a trustee of such land, estate or interest, within the intent or meaning of any l w or statute a now or hereafter to be in force relating to trusts and trustees, and any vesting order shall be made i the premises n by the said court, the Registrar, on being send with such order, or an office copy thereof, shall enter i the Register n Book on the certificate of title and duplicate instrument (if any) the date of the said order, the time of its production to him, and the name and addition of the person i n whom the said order shall purport to vest the siid land, estate or interest; and upon such entry being made in the Register Book, such person shall become the transferee, and be deemed to be the proprietor thereof. Unless and until such entry shall be madgthe said order shall have no efect or operation'in t r d e m g or otherwise vesting the said land, estate or interest.
Registratiin of Marriige of Female Proprietor and of Transmission by death of Party having an Interest 136. The R g s r r upon prodmtiaa of sutlicient proof eita, of the marriage of a female registered as a proprietor of any
o marriage f o female f
gWO*tor.
EodoIYatlOu
REGISZRAZION OF 1lIL.H
81
land or of any lease, mortgage or charge shall register the marriage by endorsing the certificate of title with a note of the fact of the marriage.
137. Whenever the fact of any marriage has been so endorsed as aforesaid, then upon the death of the wife leaving her husband entitled as tenant by the curtesy of land comprised in the certificate of the title upon which the said endorsement has been made, and in any case upon the death of any person registered with any other person as joint proprietor of any land or of any lease or charge or as joint proprietors of any mortgage owned on a joint account in equity, the Registrar, on the spplication of the husband, or person entitled by survivorship as aforesaid, and proof to his satisfaction of such events as aforesaid, may register such applicant as the proprietor thereof, and he shall, upon being registered in the manner herein prescribed for the registration of a like estate or interest, become the transferee of such land, lease, mortgage or charge, and be deemed the proprietor thereof, but as regards any tenancy by the curtesy for the lifetime only of such husband.
Registration of transmissionof title by deathof
z$E2p
Bankruptcy
138. When upon the bankruptcy of the proprietor of any land, lease, mortgage or charge, the estate or interest of such proprietor in such land, lease, mortgage or charge, vests in the trustee in bankruptcy, such trustee shall be entitled to be registered in respect of the same; and the fie Registrar, upon the receipt of an o f c copy of the provisional or absolute order in bankruptcy against such proprietor, accompanied by an application in writing under the hand of the trustee to be registered in respect of any land, f lease, mortgage or charge, o such bankrupt therein described, shall enter in the Register Book, upon the folium constituted by the certificate of title of such land, a memorandum notifying such order in bankruptcy; and upon such
LThe inclusion o this page ir authorized by f
bsrm.
of. an* ion,b
Rvhtion
LN.4801 19731
a2
entry being made the trustee shall become the transferee, and be deemed to be the proprietor of such land, lease, mortgage or charge, estate or interest, and shall hold the same subject to the equities upon and subject to which the bankrupt held the same; but for the piirpose of any dealings therewith under the provisions of this Act such trustee shall be deemed to be the absolute proprietor thereof. If the trustee shall omit or neglect to make the application aforesaid, or to lodge a caveat under the general provision relating to caveats hereinafter contained, within seven days after the Registrar shall have notified to him, by a letter delivered or registered, that application has been made foi the registration of an instrument concerning property (to be in such notice described) standing in the Register Book hi the name of the bankrupt, such instrument may be registered, and thereupon shall not be affected by the order of adjudication either at law or in equity.
If a caveat shah be lodged pursuant to such notice the same shall be dealt with, and be subject to the same provisions as other caveats with this variation, tEat the fourteen days notice required in general cases need not actually be given to the caveator, but shall be deemed to have been given on the day on which the caveat w s lodged. a
Caveat
against
dealings.
Thirteenth Schedule.
Caveats 139. Any beneficiary or other person claiming any estate or interest in land under the operation of this Act, or i n any lease, mortgage or charge, under any unregistered instruments, or by devolution in law or otherwise, may n lodge a caveat with the Registrar in the Form i the Thirteenth Schedule, or as near thereto as circumstances will permit, forbidding the registration of any person as
transferee or proprietor of, and of any instrument affecting, such estate or interest, either absolutely or until after notice of the intended registration or dealing be given to the
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intended caveator, or unless such instrument be expressed to be subject to the claim of the caveator, as may be required in such caveat. Every such caveat shall state the name and addition of the person by whom or on whose behalf the same is lodged, and except in case of a caveat lodged by order of the Supreme Court, or a Judge thereof, or by the Registrar as in this Act provided, shall be signed by the caveator or his agent. The person lodging such caveat shall, if required s u p port the same by a statutory declaration, stating the nature of the title under which the claim is made, and may withdraw any such caveat. No caveat shall be received(a) unless some address or place within the city of Kingston shall be appointed therein as the place at which notice and proceedings relating to such caveat may be served; (b) unless some definite estate or interest be specified and claimed by the caveator; and if such claim be under any document or writing, unless such caveat is accompanied by a copy of such document or writing, or in cases in which there is a mortgage or lease on the title sought to be affected, unless it is stated whether the claim is against the registered proprietor of the land or of the mortgage or of the lease. A caveator may, however, give an additional address out of the said city at the foot of such caveat, in which case a registered letter shall be sent through the post office to such address on the same day as that on which any notice relating to such caveat is served in Kingston. Every notice relating to such caveat, and any
84
proceedings in respect thereof if served at the address or place appointed as aforesaid, shall be deemed to be duly served.
Efc of fet lodging
caveat
140. Upon the receipt of any caveat under this Act, the
with the Registrar, and proceedings
thereon.
Registrar shall notify the same to the person against whose application to be registered as proprietor, or as the case may be, to the proprietor against whose title to deal with the estate or interest such caveat has been lodged, and such applicant or proprietor or any person claiming under any transfer or other instrument signed by the proprietor may, if he thinks fit, summon the caveator to attend before the Supreme Court, 01 a Judge in Chambers, to show cause why such caveat should not be removed, a d such Court or Judge may, upon proof that such caveator has been summoned, make such order in the premises, either ex parte or otherwise, and as to costs as to such Court or Judge may seem fit. Except in the case of a caveat lodged by or on behalf of a beneficiary under disability claiming under any will or qettlement, or by the Registrar, every caveat lodged against a proprietor shall be deemed to have lapsed as to the land affected by the transfer or other dealing, upon the expiration of fourteen days after notice given to the caveator that such proprietor has applied for the registration of a transfer or other dealing, unless in the meantime such application has been withdrawn.
A caveat shall not be renewed by or on behalf of the same
person in respect of the same estate or interest, but if before the expiration of the said period of fourteen days or such further period as is specified in any order made under this section the caveator or his agent appears before a Judge, and gives such undertaking or security, or lodges such sum in court, as such Judge may consider sufficient to indemnify every person against any damage that may be sustained by
[The inclusion o this page is authorized by LN.MO/ 19731 f
REGISTRAIION OF TITLES
reason of any disposition of the property being delayed, then and in such case such Judge may direct the Registrar to delay registering any dealing with the land, lease, mortgage or charge, for a further period to be specified in such order, or may make such other order as may be just, and such order as to costs as may be just.
141. In every case in which prior to a person becoming a registered proprietor of any land, lease, mortgage or charge under this Act. an order of sequestration of his estate, or an adjudication in bankruptcy shall have been or shall hereafter be made, and any instrument affecting such land, lease, mortgage or charge, is presented for registration, the Registrar shall forthwith notify to the trustee of such estate, by a letter delivered or registered (in which shall be mentioned the bankrupts name) that application has been made for the registration of such instrument; and unless a caveat forbidding such registration shall be lodged within seven days after the service or posting of such letter such instrument may be registered, and thereupon shall not be affected by such order ot sequestration or adjudication in bankruptcy either at law or in equity.
Er%;$?
th sequestraion of th4atak
E fF :i& gj
If a caveat shall be lodged under this section, the same shall be dealt with and be subject to the same provisians as if it had been a caveat lodged under section 140, with this variation that the fourteen days notice therein mentioned need not actually be given to the caveator, but shall be deemed to have been given on the day on which the a caveat w s lodged.
142. So bng as any caveat shall remain in force prohibiting any registration or dealing with the estate or interest in respect to which such caveat may be lodged, the Registrar shall not enter in the Register Book any change in the proprietorship or any transfer or other insttument
[The incluslou of this
page
10
fotcch
is authorized by LN 480/1973]
86
presented for registration swbsequent to the date on whicn such caveat was lo9ged purporting to transfer or otherwise deal with or affect the estate or interest in respect of whch such caveat may be lodged, unless such transfer or other instrument or deaiing be expressly exempted from the operation of the caveat or unless the caveator shall consent thereto in writing.
Effect of lodging caveat without reasonable cause.
143. Any person lodging any caveat with the Registrar,
either against bringing land under this Act or otherwise, without reasonable cause, shall be liable to make to any person who may have sustained damage thereby such compensation as a Judge on a summons in Chambers shall deem just and order.
Search Certificates and Stay Orders

Application for search certificate.
Fourteenth Schedule.
144. Any person desiring information as to whether a proprietor is able to ,deal with the land comprised in his certificate free from obstruction caused by any caveat, instrument lodged for registration, order, injunction, or other cause known to the Registrar, but not appearing upon the certificate, may sign an application for search certificate in the form in the Fourteenth Schedule; and on payment of the fee in that behalf provided, the Registrar shall cause the necessary searches and inquiries to be made for the purpose of affording the information required; and the result thereof shall be certified in the form in the said fie Schedule contained by affi :ing the seal of the Ofc with the initials of the officer attaching the same, and the day, hour, and minute at which the seal is aflixed.
145. Such search certificate shall refer to the dealing or
E f c of fet
scnrch ccrtificate.
encumbrance last noted on the certificate of title for the f purpose of showing the state of the register at the time o issuing the search certificate, but not of informing the person applying for the search certificate as to what is upon
[The inclusion of this Page is authorized by LN. 450/ 197731
REGISTRAIION OF TITLES
87
the certificate o title; and such person shall be entitled to f inspect the certificate of title, and shall be deemed to know all of which an inspection of the certificate of title would have informed him.
146. Any person proposing to deal for value with a Application for stay of proprietor may, with the consent in writing of such regi&ation proprietor or his agent authorized in writing in that behalf, o f i :g mens & and on stating the particulars of the proposed dealing, lodgz with the application for search certificate an application for pro sed deafF ng stay of registration in the form in the Fifteenth Schedule; Fift$& and if the result of the search shows that the proprietor is scheldde. free to deal, the Registrar shall on payment of the fee in that behalf provided, sign an order in the form in the said Schedule staying registration of any instrument affecting the land to be comprised in the proposed dealing for fortyeight hours from the time mentioned in the search certificate; etfct and the said order shall be a x e d to the c r i i a e and 8 copy thereof given to the applicant.
147. If within the said period of fortyeight hours a properly perfected instrument ,decting the proposed dealing be duly lodged for registration, such instrument shall havc priority over any other instrument which may be lodged for registration after the time mentioned in the search certificate, and the same shall be registered notwithstanding any caveat, copy of writ, or application by a trustee in bankruptcy which may have been lodged in the office after the time mentioned in such search certificate.
zmy!&in
EiiiOf
tion.
1 8 Subject to the lodging o such duly perfected instru4. f ment within such period, any other instrument, and any caveat, copy writ, or application received in the office during such period, shall be dealt with in the same manner. shall have the same priority as between themselves, and shall be as effectual as if no stay of registration had been obtained.
[The inclusion of this page is authorized by LN 480/ 19731
ofr*istration.
88
Power of attorney.
Sixteenth Schedule.
Powers of Attorney 149. The proprietor (including a married woman) of any land under the operation of this Act, or of any lease, mortgage or cnarge, may appoint any person to act for him in transferring the same, or otherwise dealing therewith, by signing a power of attorney in the Form or to the effect contained in the Sixteenth Schedule. Every such power or a duplicate or attested copy thereof, shall be deposited with the Registrar, who shall note the effect thereof in a book to be kept for the purpose
150. A power of attorney given by a person before as
Effect of power of attorney.
well as after becoming a proprietor of any land, or of any lease, mortgage or charge, shall be deemed to be within the meaning o section 149; and every power of attorney f heretofore given, or which shall hereafter be given when the same or a duplicate shall have been deposited and noted as aforesaid shall, while continuing in force, -bevalid and available within the scope and to the extent of the powers and authorities given or to be given by such power concerning the lands, tenements and chattels real generally, of the principal for similar or corresponding dealings under this Act with any land under the operation hereof, or with any lease, mortgage or charge.
151. The provisions of sections 48, 49 and 50 of the Conveyancing Act shall apply to powers of attorney deposited with the Registrar under section 149 and the protection afforded by such sections to purchasers and persons making payments or doing acts in pursuance of a power of attorney shall apply to the Registrar and to the Assurance Fund. Attestation of Instruments
Powers of attorney and Conveyancing Act.
Attestation of instruments.
152. Instruments and powers of attorney under this Act
signed by any person and attested by one witness shall be

[The inclusion of this pagc is authorized by LN. 480/1973~
89
held to be duly executed; and such, witness may bewithin this Island+fhe Governor-General, any of the Judges of the Supreme Court, or any Justice of the Peace, or the Registrar under this Act, or a Notary Public, or a Solicitor of the Supreme Court; in Great Britain or Northern Ireland-the Mayor or Deputy Mayor, or the Chief Magistrate or Deputy Chief Magistrate, of any city, borough or town corporate, or a Notary Public; in any other Commonwealth country-the Governor or person exercising the functions of Governor, the Commander-in-Chief, a Judge of any C u t or, the Mayor or Chief Magistrate of any city or town, or a Notary Public; in any Foreign State or Country-the Jamaican or the British Consular Officer (which expression shall include Consul-General, Consul and Vice-Consul, and any Erson for the time being discharging the duties of Consul-General, Consul, or Vice-conSul), or a Notary Public : Provided that where any such instrument or power of attorney purports to have been wtesd inse or certified by any Notary Public in any Foreign State or Country, there shall be annexed to such instrument or power of attorney a certificate, under the hand and seal of the appropriate officer of such Foreign State or Country to the effect that the person by whom such instrument or power of attorney has been witnessed or certified is a N t r oay Public duly commissioned and practising in such Foreign State or Country, or some portion thereof! and that full faith and credit &in be given to his acts. Such witness, whether-within or without this Island, may also be any other person, but m such case he shall appear
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I
90
seventeenth
SChCdUlC.
before one of the officers or persons aforesaid, who, after making due enquiries of such witness, shall endorse upon the ir,strument or power a certificate in the Form in the Seventeenth Schedule and such certificate shall be deemed sufficient proof of the due execution of such instrument or power, subject to the proviso hereinbefore contained as to any such instrument or power of attorney witnessed or certified by a Notary Public in any Foreign State or Country. Where an instrument or power of attorney shall be witnessed or certhed out of this Island by any of the officers fie aforesaid the seal of o f c of such officer shall be a x e d to his attestation or certificate on such instrument or power of attorney.
Procedure Md Practice proccdurt~ 153. In case it shall appear to the satisfaction of the cases of or , + Registrar that any ceftificate of title or instrument has been tion in dtscrip issued in error, or contains any misdescription of land OT gTfid;;gof boundaries, or that any entry or endorsement has been bi ng i n made in error on any certificate of title or instrument, or possession ofwrono that any certificate, instrument, entry or endorsement, has m n . been fraudulently or wrongfully obtained, or that any certificate or instrument is fraudulently or wrongfully retained, he may by writing require the person to whom such document has been so issued, or by whom it has been so obtained or is retained, to deliver up the same for the purpose of being cancelled or corrected, or given to the proper party, as the case may require; and in case such person shall refuse or neglect to comply with such requisition, the Registrar may apply to a Judge to issue a summons for such person to appear before the Supreme Court or a Judge, and show cause why such Certificate or instrument should not be delivered up or the purpose aforesaid, and if such person, when served with such summons, shall refuse or neglect to attend before such Court or a Judge
(The inclusion of this page is author&xl by LN.480/ 19731
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thereof, at the time therem appointed, it shall be lawful for a Judge to issue a warrant authorizing and directing the person so summoned to be apprehended and brought before the Supreme Court or a Judge for examhation.
154. Upon the appearance before the Court or a Judge of any person summoned or brought up by virtue of a warrant as aforesaid, it shall be lawful for the Court or Judge to examine such person upon oath and, in case it shall seem proper, to order such person to deliver up such certificate of title or instrument as aforesaid and, upon refusal or neglect by such person to deliver up the same pursuant to such order, to commit such person to prison for a period not exceeding six months unless such certificate or instrument shall be sooner delivered up; and in such case, or in case such person cannot be found SO that a requisition and summons may be served upoa 5im'as hereinbefore directed, the Registrar shall, if the circumstances of the .case require it, issue to the proprietor of the land such certificate of title as is herein provided to be issued in the case of any certificate of title being lost or destroyed, and shall enter in the Register Book notice of the issuing of such certificate, and the circumstances under which the same was issued, and thereupon the certificate of title or instrument as aforesaid, so refused or neglected to be delivered up as aforesaid, shall be deemed for all purposes to be null and void as far as the same &all be inconsistent with the certificate or instrument so issued in lieu thereof.
155. If the Registrar is satisfied upon production to him
~rdafor deliivering up f
z4Ezd
fx"
~ranbfar
abscqt,
of sufficient evidence(a) that land under the operation of this Act has been sold by the registered proprietor thereof; and (b) that the whole of the purchase money has been paid; and
:2i* is dqd,
unreeresentd
25/1%7
etc., gnd
S 16. .
92
(c) that by virtue of such sale the purchaser or any
person claiming through him has entered upon the land and taken possession thereof and the vendor or his representative has acquiesced in such entry and taking of possession; and (4that the land cannot be transferred to the purchaser or any person claiming through him either because the registered proprietor or his representative is dead or absent from Jamaica or cannot be found or because it is, for any other reason, impracticable to obtain the signature of the registered proprietor or his representative within a reasonable time, the Registrar may in his discretion make a vesting instrument in the prescribed form and shall thereafter enter a memorandum thereof in the Register Book and-issue a new certificate of title and the duplicate thereof in the name of the person in whom the instrument vests the land and that person shall become the transferee and the registered proprietor thereof.
proceedings if Registrar refuYesan applications or if applicantdissatisfied with directjom,
e$'';z
Refer-.
156. Xf, upon the application of any owner or proprietor to have land brought under the operation of this Act, or to have any transaction or transmission registered or recorded, or to have any certificate of title, foreclosure, order or other document, issued, or to have any act or duty done or performed which by this Act is required to be done or performed by the Registrar, the Registrar shall refuse to accede to such application, or if such owner or proprietor shall be dissatisfied with the direction upon his application, given by the ieferee, it shall be lawful for such owner or proprietor to reqiire the Registrar or Referee, as the case may be, to set forth in writing, under his hand, the grounds of his refusal, or the ground upon which such direction was given; and such owner or proprietor may, if he think fit, at his own costs, summon the Registrar or Referee, as the case may be,
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to appear before a Judge to substantiate and uphold the grounds of his refusal, or of such direction as aforesaid; such summons to be issued under the hand of a Judge, and to be served upon the Registrar or Referee six clear days at least before the day appointed for hearing the complaint of such owner or proprietor. Upon such hearing the Registrar or Referee or his counsel shall have the right to reply, and the said Judge may, if any question of fact be involved, direct an issue to be tried to decide such fact, and thereafter the said Judge shall make such order in the premises as the circumstances of the case may require, and the Registrar shall obey such order, and all expenses attendant upon any such proceedings shall be borne and paid by the applicant, or other person preferring such complaint, unless the Judge shall certify that there was no probable ground for such refusal or direction as aforesaid.
157. Nothing in this Act shall entitle any person'to refpse to make a complete discovery, or to answer any question or interrogatory, in any action or proceeding in any court; but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Act.
D & ~ .
1 5 8 4 1 ) Upon the recovery of any land, estate or interest, by any proceeding at law or equity, from the person registered as proprietor thereof, it shall be lawful for the court or a Judge to direct the Registrar(a) to cancel or correct any certificate of title or instrument or any entry or memorandum in the Register Book, !elating to such land, estate or interest; and
[Thc WUrion of tbh page is authorized by L.N. 480/19731
cqurtor
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(b) to issue, make or substitute such certificate of title, instrument, entry or memorandum or do such other act, as the circumstances of the case may require, and the Registrar shall give effect to that direction.
(2) In any proceeding at law or equity in relation to land under the operation of this Act the court or a Judge may, upon such notice, if any, as the circumstances of the case may require, make an order directing the Registrar(a) to cancel the cert&~teof title to the land and to issue a new certificate of title and the duplicate thereof in the name of the person specified for the purpose in the order; or (b) to amend or cancel any instrument, memorandum or entry relating to the land in such manner as appears proper to the court or a Judge.
159. In al actions and suits brought under this Act, the l
same rules of procedure and practice shall apply, and there shall be the same right of appeal, as shall be in force or exist for the time being in respect of ordinary actions in the court in which such action may be tried : Provided that rules of court may be made for regulating proceedings in the Supreme Court under this Act, and from time to time to rescind, alter or add to such rules and orders.
Actwns and other Remedies 160. The Registrar shall not, nor shall the Referee or any person acting under the authority of either of them, be liable to any action, suit or proceeding, for or in respect of any act or matter born fide done or omitted to be done in the exercise or supposed exercise of the powers o this f Act.
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REGISTRATZON OF TITLES
95
1 1 No action of ejectment or other action, suit 01 Cmihted 6. titlpabuto proceeding, for the recovery'of any land shall lie or be all iictiom o f sustained against the person registered as proprietor thereof under the provisions of this Act, except in any of the following cases, that is to say(a) the case of a mortgagee as against a mortgagor =?*=* in default; (6) the case of an annuitant as against a grantor i n def ablt; (c) the case of a lessor as against a lessee in default; (d) the case of a person deprived of any land by fraud as against the person registered as proprietor of such land through fraud, or as against a person deriving otherwise than as a transferee bona Me' for value from or through a person so registered through fraud;
3r z
(e) the case of
a person deprived of or claiming any land included in any certificate of title o other f land by misdescription of such other land, or o f
its boundaries, as against the registered proprietor of such other iand not being a transferee thereof bona fide for value;
Cf> the case of a registered proprietor with an absolute title claiming under a certificate of title prior in date of registration under the provisions of this Act, in any case in which two or more certificates of title or a certificate of title may be registered under the provisions of this Act in respect of the same land,
and in any other case than as aforesaid the production of the certificate of title or lease shall be held in every court to be iln absolute bar arid estoppel to any such action against the person named in such document as the proprietor or
[The inclubion of this pagc i s authorized by L.N. &0/1973]
96
lessee of the land therein described any rule o l w or f a equity to the contrary notwithstanding.
Actiontor damages by anypmon wrongfully deprivcdof
162. Any person deprivep of land, of of any estate or
land.
interest in land, in consequence of fraud, or through the bringing of such land under the operation of this Act, or by the registration of any other person as proprietor of such land, estate or interest, or in consequence of any error or misdescription in any certificate of title, or in any entry or memorandum in the Register Book, may bring and prosecute an action for the recovery of damages against the person on whose application such land wcis brought under the operation of this Act, or such erronemus registration was made, or who acquired title to the estate or interest through such fraud; errof or Inisdescription : Provided always that, except in the case of fraud or of error occasioned by any omission, misrepresentation or misdescription, in the application of such person to bring such land under the operation of this Act, or to be registered as proprietor of such land, estate or interest, or in any instrument signed by him, such person shall upon a transfer of such land bona fide for valuable consideration, cease to be liable for the payment of any -age beyond the value of the consideration actually received, which damage but for such transfer might have been recovered from him under the provisions herein contained; and in such last mentioned case, and also in case the person against whom such action for damages is directed t be brought as aforesaid shall be o dead, or shall have been adjudged bankrupt, or cannot be found within the jurisdiction of the Supreme Court, then and in any such case, such damages, with costs of action, may be recovered out of the Assurance Fund by action against the Registrar as nominal defendant :
>
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97
Provided that in estimating such damages, the vdue of all buildings and other improvements erected or made subsequent to the making of a contract of sale b d i n g on the parties thereto, or subsequent to the deprivation shall be excluded.
163. Nothing in this Act contained shall be so kterpreted
as to leave subject to an action for the rtcovcry of the land, or to an a c t i o h recovery of damages as aforesaid, or for deprivation of the estate or interest in respect to whicb he is registered as proprietor, any purchaser b n a fide for valuable consideration of land under the operation of this Act, on the ground that the proprietor through or under whom he claims may have been registered as proprktor tbrwgh fraud or error, or may have derived from or throue a person registered as proprietor through fraud or err03 and this whether such fraud or error shall consist i wrong n aescription of the boundaries or of the parcels Ot any l n a4 or otherwise howsoever.
164. Any person sustaining loss through any omission, mistake or misfeasance, o the Registrar, or m y other f
officer or clerk, in the execution of their respective duties under the provisions of this Act or by an error, omission or misdescription in any certificate o title, or any entry f or memorandum in the Register Book, or by the regktration of any other person as proprietor, and who by the provisions of this Act is bamd from bringing an action for the recovery of the land, estate or inden& may, i any n case in which tbe remedy by action for fecovery of damages as herein pmvided is inapplicable, bring an action against the Registrar 8s nominal defendant for recovery of damages l Provided that in estimating such damages, me value of al buildings and other improvements erected or made &se=
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98
quent to the making of a contract of sale binding on the parties thereto, or subsequent to the deprivation, shall be excluded.
Persons
claiming shall before
action brought apply to Registrar i n writing for compensation.
2511967 S. 18.
165. Any person sustaining loss or damage in any case in which he is entitled to bring an action to recover damages under the provisions of sections 162 and 164 shall before commencing proceedings make application in writing to the Registrar for compensation, and such application shall be supported by &davits or statutory declaration. If the Registrar, with the approval of the Attorney-General, admits the claim or any part thereof and certifies accordingly to the Minister, the Minister may if he thinks fit issue a warrant to the Accountant-General for the amount so certified to be paid out of the Assurance Fund, and the Registrar shall be entitled, as though he were a person deprived of land, to proceed under section 162 against the person liable under the said section for the amount so paid and any amount recovered shall be lodged with the Accountant-General to the credit of the Assurance Fund.
Notice of action against Registrar. Costs if plaintifT fails.
166. In any case in which an action for recovery of damages is permitted to be brought against the Registrar as nominal defendant, notice in writing of such action and of the cause thereof shall be served upon such nominal defendant, one month at least before the commencement of such action, and if in any such action judgment be given in favour of the nominal defendant, or the plaintiff discontinue or become nonsuit, the plaintiff shall be liable to pay the full costs of defending such action, and the same, when taxed, shall be recovered in the name of the nominal defendant by the like process of execution as in other actions.
1 7 If in any such action the plaint8 recover final 6. judgment against such nominal defendant, then the Judge before whom such action may be tried, or the Supreme
L T h inclorion of
Payment of amount of judgment if plaintiff ruccaeds.
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ir aaor&d by L.N. iso//19731
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Court, shall certify the fact of such judgment, and the amount of damages and costs recovered; and the amount of such damages and costs shall be paid to the person recovering the same, and shall be charged to the account ot the Assurance Fund; and in case the balance to the credit of the Assurance Fund shall be inadequate to defray the amount specified, such sum as may be necessary for that purpose shall be advanced out of the Consolidated Fund. and the amount so advanced shall be repaid from the Assurance Fund as the same may thereafter accrue.
168. No action for recovery of damages sustamed through deprivation of land, or of any estate or interest in land, shall lie or be sustained against the Registrar or against the Assurance Fund, or against the person upon whose applica.tion such land was brought under the operation of this Act, or against the person who applied to be registered as proprietor in respect of such land, unless such action shall be commenced within the period of six years from the date of such deprivatioq :
Provided, nevertheless, that any person being under the disability of coverture, infancy or unsoundness of minsl, may bring such action within six years from the date on which such disability shall have ceased; so, however, that such action be brought within thirty years next after the n date of such deprivation. The plaintiff i any such action, at whatever time it may be brought, and the plaintiff in any n such action for the recovery of land shall be nonsuited i any case in which the deprivation complained of may have been occasioned through the bringing of land under the operation of this Act, if it shall be made to appear to the satisfaction of the Judge before whom such action shall be tried that such,plaintif,or the persons through or under whom he claims title, had actual notice that application had
ilrfusion
Of
:+ ;; $:
$ rr$tion
E =An
for
tbir psoc b
B u t h e
by &N. rSo/l!V3]
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been made to bring such larid under the operation of this Act, and had wilfully, or collusively or negligently omitted to lodge a caveat forbidding the same, or had allowed such caveat to lapse.
Proceedings t recoup the o Assurance
Fundsufh money as may paid thereout.
1 9 Whenever any amount has been paid out of the 6. Assurance Fund on account of any person who may bc dead such amount may be recovered from the estate o such f person by action or suit against his personal representatives in the name o the Registrar; and whenever any such amount f has been paid on account of a person who shall have been adjudged bankrupt, the same shall be considered to be a debt due from the estate o such bankrupt, and a certificate f signed by the Accountant-General certifying the fact of such payment out of the Assurance Fund, and delivered to the trustee, shall be sufficient prod of such debt; and whenever any amount has been paid out of the Assurance Fund on accdunt of any person who may have absconded or who cannot be found within the jurisdiction of the Supreme Court, and may have left any real or personal estate within Jamaica, it shall be lawful for the said Court or a Judge thereof, upon the application of the Registrar, and upon the production of a certificate signed by the AccountantGeneral certifying that the amount has been paid in satisfaction o a judgment against the Registrar as nominal f defendant, to allow the Registrar to sign judgment against such person forthwith for the amount so paid out of the Assurance Fund, together with the costs o the application; f and such judgment shall be final, and signed in like manner as a final judgment by confession or default in an action
and execution may issue immediately; and if such person shall not have left real or personal estate within Jamaica sufficient to satisfy the amount for which execution may have been issued as aforesaid, it shall be lawful for the Registrar to recover such amount, or the unrecovered
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ou~horized LNm1 7 i by . . / 9 f
101
balance thereof, by action against such person at any time thereafter, if he shall be found within the jurisdiction of the Supreme Court.
170. The Assurance Fund shall not under any circum-
stances be liable for compensation for any loss, damage or deprivation occasioned by the breach by a proprietor of any trust, whether express, implied or constructive, nor in any case in which such loss or deprivation has been occasioned by any land being included in the same certificate of title with other land through misdescription of boundaries or parcels of any land, unless in the case last aforesaid it shall be proved that the person liable for compensation and damages is dead, or has absconded, or has been adjudged bankrupt, or the bailiff shall certify that such person is unable to pay the full amount awarded in any actian tor the recovery of such compensation and damage;s :, Provided always that any amount paid out of the Assurance Fund on account of any person who may have absconded may be recovered from such person; by action In the namg of the Registrar at any time thereafter, if such person shall be found within the jurisdiction of the Supreme court: Provided also that the said fund shall be liable for swh amounts only as the bailiff shall fail to recover from the person liable as aforesaid.
Ngn-liability of Assuranoc Fundin cettainc=,
Rules and Forms 171. The Minister may from time to time make rules(a) for regulating practice and procedure under t i hs
Act; (6) as to the distribution of business among the Referees; (d in respect of such other matters as he may think necessary or expedient for carrying out the purposes of this Act;
[The idusion & thi8 pue h m t h
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102
(d) prescribing any other matter or anything which

may be, or is required by this Act to be, prescribed.
Modification of forms in Schcdulcs.
172. The forms contained in the several Schedules, and the forms for the time being in force under this Act, may be modified or altered in expression to suit the circumstances of every case; and any variation from such forms respectively in any respect, not being matter of substance, shall not afecttheir validity or regularity.
FeeS.
Eighteenth
Fees and Duties 173.-(1) Subject to any order made under subsection (2) the appropriate fees specified i the Eighteenth Schedule n to this A t shall be paid to the Registrar. c (2) The Minister may by order amend, vary or add to the Eighteenth Schedule.
f74.--(1) On every application to bring land under the operation of this Act or to re-register land with a plan wherein or in respect of which the applicant shall direct the certificate of title to issue in the name of any other person there shall be chargeable and paid the following stamp duty(a) where the direction operates or is intended to operate as a transfer upon the sale of the land for valuable consideration one third of the ad vdorem duty payable under the heading Conveyances in the Schedule to the Stamp Duty Act; (b) where the direction operates or is intended to operate as a transfer of the land whether voluntarily or gratuitously or for good or valuable consideration other than a bona fide pecuniary consideration upon a sale one-third of the ad valorem duty payable under the heading Settlements i n the Schedule to the Stamp Duty Act :
P l c inclusion- of this jmge is authorized by L.N. 480119731
Stampduty where applicant directs certificate of titletoissue i name of n anyother person.
REGISTRATION OF TITLiEs
103
Provided, however, thatdin any case where the application is refused any stamp duty paid under this section shall be refunded.
(2) On every such application it shall be the duty of the Registrar to enquire into the nature of the transaction in order to ascertain the proper dutx (if any) payable in respect thereof, and he may req$i$ evidence to be produced to his satisfaction for this pu+ose; and the Registrar shall not submit any such application to a Referee ofTitles unless and until the duty hereby imposed shall have b e n paia and duly impressed on such application.
175. Where on an application to b m g land under the
operation of this Act the applicant clahs to be the owner of the fee simple in equity such application shall be liable to the like stamp duty (if any) as under qection 174 and shall be chargeable accordingly. The facts and circumstances from which it can be ascertained what amount .of duty (if any) is payable on such application shall be proved by a statutory declaration to the satisfaction of the Registrar, and the declaration shall be lodged with the application. Any such application liable to stamp duty shall not be submitted to a Referee of Titles until it has been duly stamped.
176. The Registrar is hereby required to see that every transfer of land, or of an estate or interest therein, excepting only as is hereby excepted, is impressed with a stamp denoting payment of the duty imposed by the Stamp Duty Act.
:$ . ! $
R$ $: r b
3:~
nsfena
FJllconration
directly or indirectly paid or secured, or agreed to be paid ?$ tr or secured, for any transfer as aforesaid, shall be truly & nsferto x p r expressed ar,d set forth in words at length in the instru- thcnn. rnent of transfer required to be registered, and if in any Such case the purchase-money or consideration shall be
(The inclusion o this pnyc is authorized by L.N.480/1973] f
177. The full value of the consideration which shall be
104
XEGISTR A TION OF TITLES
untruly or fraudulently stated or set forth, the purchaser or purchasers, seller or sellers, shall each forfeit and pay the sum of one hundred dollars, and shall also be chargeable with and holden liable to the payment of five times the 'amount of the excess duty which would have been payable in respect of the full purchase or consideration money, in case the same had been truly set forth or expressed in the instrument of transfer as aforesaid, beyond the amount of the duty actually paid for the same. And in the event of no money or consideration being stated for the transfer the same shall be accompanied by a declaration setting out the real and actual value of the premises transferred.
Offences
Offences demeanours.
1 8 I any person wilfully makes any false statement 7. f or declaration in any application to bring land under the operation of this Act, or in any application to be registered as proprietor, whether in possession, remainder, reversion or otherwise, on a transmission, or in any other application to be registered under this Act as proprietor of any land, lease, mortgage or charge; or suppresses, withholds or conceals, or assists or joins in or is privy to the suppressing, withholding or concealing, from the Registrar or a Referee, any material document, fact or matter of information, or wilfully makes any false statutory declaration required under the authority or made in pursuance of this Act; or if any person in the course of his examination before the Registrar or a Referee, wilfully and corruptly gives false evidence; or if any person fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of any certificate of title or instrument, or of any entry in the Register Book, or of any erasure or alteration in any entry in the Register Book; or knowingly misleads or deceives any person hereinbefore authorized to require information or explanation in respect to any land, or the
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title to any land under the operation of this Act, or i respect n to which any dealing or transmission is proposed to be registered, such person shall be guilty of a misdemeanour, and shall incur a penalty not exceeding one thousand dollars, or may at the discretion of the Court by which he is convicted, be imprisoned with or without hard labour for a f period not exceeding two years; and any certificate o title, entry, erasure or alteration so procured or made by fraud shall be void as against all parties or privies to such fraud.
1 9 No proceeding or conviction for any act hereby 7. declared to be a misdemeanour shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act, or against his estate.
180. Unless in any .case herein otherwise expressly provided, all offences against the provisions of this Act may be prosecuted by the Director of Public Prosecutions, and all penalties or sums of money imposed or declared to be due or owing by or under the provisions of the same may be sued for and recovered, in the name of the AttorneyGeneral, in the Supreme Court.
Pmcmtions add suits.
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106
FIRST SCHEDULE Application to bring Land under the operation o f the Registration
of Titles Act
To the Registrar of TitlesI (insert name and addition) hereby apply to have the land hereinafter described brought under the operation of the Registration of Titles A t and I declarec,
1. That I am the owner of an estate in fee simple in possession (or
of an estate of freehold in possession for my life or othenvise, as the case may require) in all that (here identify the land in accordance with the provisions o f section 30 o the Act). f
2. That such land, including a l buildings and other improvements l
thereon, is of the value of and no more.
dollars
3. That the deeds. documents or other evidence on which I rely in support of my title to the said land are set forth in the Schedule hereto to the best of my linowledge and belief, and there are no deeds, documents or evidences invalidating my title to the said land.
4. That I am not aware of any mortgage or incumbrance affecting
the said land, or that any other person hath any estate or interest therein at l w or in equity, in possession, remainder, a reversion, contingency or expectancy (if there be any, add, other than as follows, and set the same forth).
5. That the said land is occupied (if unoccupied prefix un to occupied. i occupied add by whom and state the name f and addition o the occupant and the nature of his occupancy). f
6 That the names and addresses, so far as is known to me, of the . occupants of all lands contiguous to the said lands are as follows7. That the names and addresses, so far as is known to me, of the
owners of all lands contiguous to the said lands are as follows( I f the certificate of title is not to issue to the applicant, add And I direct the certificate of title to be issued in the name of (insert name and addition).) Made and subscribed on the day of at in the presence of (The applicant. i within the f Island. to sign before the Registrar or a Notary Public or a Justice o f the Peace: i abroad, before a Mayor, Provost, Notary Public, Consul, f Consular Agent or Justice of the Peace).
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107
SECOND SCHEDULE C%ctioa43) Caveat forbidding l a d to be brought under the Registration of Titles Act To the Registrar of Titles: Take notice that I (insert name and addition) claim '@articdmiu the the estate or interest chimed) in the land described as (copy dexripiion from the advertisement) in the advertisement relating to the application of (state applicunt's nume and uddition) and I forbid the bringing of such land under the operation o the Registration of Tte Act. I f ils as the phce at which noticcs and appoint proceedings relating hereto may be served. Dated the day of 19 . Signed in the resence of (name and ad ress of witness).
THIRD SCKEDULE
FORM A JAMAICA-REGISTERBOOK, VOL. FOL. Certificateof Title under the Registration of Titles Act (Insert name and addition) is 'now the Qroprietor (here state whether sole or otherwise) o an estate in fee simple (ifnot i fee simple, state f n the nutirre o the estute. und i the property be leusehold say of a leasef f hold estate for years from the day of 19 ,) subject to the incumbrdnces notified hereunder i all tha; n (here insert the descriptioti or idetztificution, and if the grant was for ariy public purpose, shortly mention it). Dated the day of 19 Registrar o Titles. f (seal of orscc.) INCUMBRANCES REFERRED TO-
( W o n 55)
FR B OM (Scution SS) , JAMAICA-REGISTER BOOK, VOL. , FOL. Certificateof Quulified Title &er the Registration of Titles Act (Inscrt nume a i d uddition), is now the proprietor (ksert identification or description of htnd) subject to any estate, right, interest arising (here insert the specified dute or iriwument. etc.) and subject to the iiicuinbraiices notified hereunder in all that (here insert description or idrntificutionof the luizd). Dated the dav of . 19 . Registrur of Titles. (seal of Office.) INCUMBRANCES REFERRED TO[ n o inclusion o this page is authorized by L.N. 480/1973J f
108
(Section 88)
FOURTH SCHEDULE
FORM A
JAMAICA Transfer o f Land I (insert name and addition), being registered 88 the proprietor of an estate in f e simple (if not m fee simple, state the nature of the estate; e and i the property be leasehold say ofa leasehold estate for f years from the day of s 19 X by Certificate of Title d a ~ the 4 day of 1 9 incumbered in the land hereinafter described. (ff the iransfcr be by mortgagee or annuitant under his power o f sale .nay being the proprietor of a mortgage or charge as the same may be f o C.D. Registered rm day of and numbered the upon the land hereafter described) subject to the incumbrances notified hereunder, in consideration of the sum of Paid to me by E.F. (insert addition) d o hereby transfer to the said E.F. all my estate and interest in (if the transfer be by a mortgagee or annuitant under his power o f sale, say all the estate and interest of the said C.D.on the said day of 19 , orwhich he was then entitled or able to transfer or dispose of in**)all that (if the trunsjerred land be put only o f the land comprised in the existing certificute set forth the description or identifiution of such part). Dated the D 19 Sigoed by the said i the presence of c Sped by the said E.F.. in the presence of Of INCUMBRANCES REFERRED TO-
(Section 88)
FORM B JAMAICA
Transferof a Lease, Mortgage or Charge I (insert nume and addition). being registered as the proprietor of a lease (or mortgage or charge as the cuse m y be) numbered of (or upon) the land hereinafter described, subject to the incumbrances notified hereunder, in consideration of the sum of paid to me by C.D. (insert addition) do hereby transfer to the said C.D. all my estate and interest as such registered proprietor in ALL THAT (or otherwise. according to the description of the lease
Vhe inclusion of this page is authorized by L.N.480/19731
REGISTRATION OF 7'lfCE.Y
nrortbwge or cJtcirge, or descrik the lwul in gemrul ternis by re/erence
1 0 the regisiered instrwnetrl).
Dated the day of Sigrled by the said in the presence of Signed by the said C.D., the in presence of INCUMBRANCES REFERRED TO-
19
1 1
FORM C
(Suction861.
JAMAICA
Transfer of Lutat## Martgage or Charge by Endorsement
I. the within named (insert name), in consideration of the sum of paid to me by G.H (insert addition), hereby transfer to the said G.H.the within-mentioned land (or lease or mortgage or charge as the cuse may be). subject. however, to the incumbrances notified or endorsed on the withii certificate (or in the Re'gistcr Book). Dated the day o f * 19 Signed by the said ' I in the presence of Signed by the said G.H. the in presence of
FIFTH SCHEDULE FORM A

Creation of Right of Carriuge-way in a Transferof Freehold Land Together with full and free right and liberty to and for the transferee hereunder, and to and for the registered proprietor or proprietors for the time being of the land hemby transferred or any part thewf, and his, her and their tenants, servants, agents. workmen and visitors, t o go, pass and repass at all times hereafter and for alJ purposes. and either with or without horses or other animals. carls or other cah8es. into and out of and from the said land, or any rt thereof. through. over and along. the road or way, or several ro s or ways. delineated and coloured 00 this said map.
(section93)
88"
FORM B ( m n 931 Creation of Right of Carriage-wayin a Lease of F r e e W Land Together with full and free right and liberty t and for the said o lessee and his transfems. proprietors for the time being of the land hereby leased or any part thereof, and his, her or their tenants,
[The
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110
srvants, worknien and visitors, to go, pass and repass. at all times hereafter during the continuance of this lease. and for all purpo~%. aiid cither with or without horses or other animals, carts or other carriages, into and out of and from the said land, or any part hereof, through. over and along, the road or way or seveml roads or ways dcliiieated and coloured on L e said map. h
(Section 94)
SIXTH SCHEDULE JAMAICA Lease under the Registration of Titles Act A.B. (insert addition). hereinafter called the lessor, and who is registered as the proprietor of an estate (here stale nufure of the estute) in the land hereinafter described, subject tw the incumbrances notified hereunder, hereby leases to C.D. (insert addition) hereinafter called the lessee, all that (here dexribe or identify the Iwtd) to be held lessee for the term of years from the !xy% , at the clear yearly rent G : , 19 payable (here insert terms o payment). subject to the covenants and f powers implied under the Registration of Titles Act, unless hereby negatived or modified; and also to the covenants and conditions hereinafter contained (here set forth any speciul ones). The following covenants by the lessee are to be construed according to section 97 of the Registration of Titles ActThe lessee will not transfer or sublet. The lessee will fence. The lessee will cultivate. The lessee will not cut timber. Tbe lessee will insure against fire in the name of the lessor. The lessee will paint outside every third year. The lessee will paint and paper inside every fourth year. The lessee will not use the premises as a shop. The lessee will not cany on any offensive trade. The lessee will carry on the business as a publican, and conduct the same in an orderly manner. The lessee will apply for renewal of licence. The lessee will facilitate the transfer of licence. Dated the day o f 19 Signed by the said lessor in the presence of Signed by the said lessee in the presence of INCUMBRANCES REFERRED TO-
1
}
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REGISTRA TION OF TITLES
111
(Section 97)
SEVENTH SCHEDULE
COLUMN ONE
COLUMN TWO
1. The lessee, his executors, administrators or will not transfer transferees, will not du.ring the said term transfer. assign or sublet the premises hereby leased, or any or sublet. part thereof, or otherwise by any act or deed procure the said premises, or any part thereof, to be transferred or sublet, without the consent in writing of lessor or his transferees first had and obtained.
1. The lessee
2. The lessee 2. The lessee, his executors, administrators or will fence. transferees, will during the continuance of the said term. erect and put up on the boundaries of the said land, or on those boundaries upon which no substantial fence now exists a good and substantial fence, and will, during the continuance of the said term, maintain in good order and condition all such fences, and all other fences whatsoever on the said land. 3. The lessee 3. The lessee, his executors, administrators or will cultivate. transferees, will at all times during the said term cultivate, use and manage, in a proper and husbandlike manner, a l such parts of the land as are now l or shall hereafter with the consent in writing of the said lessor be in cultivation, and will not impoverish or waste the same. 4. The lessee, his executors, administrators or 4. The lessee will not cut transferees, will not cut down, fell, injure or destroy any growing or living timber, or timber-like trees timber. $tanding and being upon the said land, without the consent in writing of the said lessor or his transferees. 5. The lessee, his executors, administrators or 5. The lessee will i n s u r e transferees, will insure and during the said term against fire in keep insured, against loss or damage by fire, in the the name of the name of the lessor or his transferees. in some public lessor to the insurance office approved of by him or them, to the amount of I . amount of s , all buildings, fixtures and machinery, which shall for the time being be erected on the said land, and which shall be of a nature or kind capable of being insured against damage by fire, and will, when mquired, deposit with the lessor or his transferees the policy of such insurance, and within seven days after each premium shall become payable the receipt of such premium, and on any breach or non-observance of this covenant the lessor or his transferees may, without prejudice to and concurrently with the powers granted to him and them by this lease, and by the Registration of
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LN. 480/1!373]
I12
Titles Act, insure such buildings, and the costs of effecting such insurance shall during the said term be a charge upon the said land. Al moneys which l shall be received under or by virtue of any such insuranc:: shall be laid out and expended in making good the loss or damage. 6. The lessee, his executors, administrators or transferees will, in every year during the continuance of the said term, paint all the outside woodwork and ironwork belonging to the leased property, with two coats of proper oil colours, in a workmanlike manner. 7 The lessee, his executors, administrators or . transferees will, in every year during the continuance of the said term, paint the inside wood, iron and other work now or usually painted, with two coats of proper ol colours in a workmanlike manner i and also re-paper with paper of the same quality as at present such parts of the premises as are now papered and also whiten or colour such parts of the said premises as are now whitened or coloured respectively. 8. The lessee, his executors, administrators or transferees. will not convert, use or occupy the said premises, or any part thereof, into or as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or permit or suffer the said premises or any part thereof. to be used for any such purpose, otherwise than as a private dwellinghouse without the consent in writing of the said lessor or his transferees. 9. The lessee. his executors, administrators or transferees, will not at any time during the said t r use. exercise or carry on, or permit or suffer em to be used. exercised or camed on, in or upon the said premises, or any part thereof, any noxious, noisome or offensive art, trade, business, occupation or calling, and no act, matter or thing whatsoever Shall at any time during the said t r be done in or em upon the said premises, or any part thereof, which shall or may be or grow to the annoyance. nuisance. grievance, damage or disturbance of the occupiers, or of the adjoining lands and properties.
6. The lessee will paint outside every year.
7. The lessee will paint and p a p e r inside every year.
8. Thelessee will not use the premises as a shop.
9. Thel&see will not carry on a n y offensive trade.
- m inclusion of this page is authorized by L.N. 480/19731 e
10. The lessee will carry on the business of a publican a n d c o n d u c t the same in an orderly manner. 10. The lessee, his executors, administrators, or transferees, will at all times during the continuance of the said term use, exercise and carry on, in and upon the premises, the trade and business of a licensed victualler or publican, and seller of fermented and spirituous liquors, and keep open and use the house, i n and buildings, standing and being n upon the land as and for an i n or public-house for n the reception, accommodation and entertainment of travellers, guests and other persons resorting thereto or frequenting the same, and manage or conduct such trade or business in a quiet and orderly manner, and will not do or commit, or suffer to be done or committed, any act or matter or thing whatsoever, whereby or by means whereof any licence shall be allowed to expire, or to become void, or shall or may be liable to be forfeited, suspended, taken away or refused.
113
11. The lessee 11. The lessee, his executors, administrators or will apply for re- transferees, will from time to time during the connewal of licence. tinuance of the said term, at the proper times for that purpose, apply for and endeavour to obtain such licence or licences as is or are or may be necessary for carrying on the said trade or business o f a licensed victualler or publican, in and upon the said premises, and keeping the said house or inn open as and for an inn or public-house as aforesaid.
12. The lessee 12. The lessee, his executors, administrators or w i l l facilitate transferees, will at the expiration or other sooner the transfer of determination of the said term, sign and give such licence. notice or notices, and allow such notice or notices. of a transfer or renewal of any licence as may be required by l w to be affixed to the said house or a inn to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf, and generally will do and perform all such acts, matters and things as shall be necessary to enable the said lessor or his transfenes. or any person authorized by him or them. to obtain the transfer of any licence then existing and in force, or the renewal of any licence or any new licence.
m inclusion of e
this page is authorized by
LN. 480/1973]
114
(Section 103)
EIGHTH SCHEDULE JAMAICA Mortgage under the Registration o Titles Act f I, A.B. (insert addition), being registered as the proprietor of an estate (here state narure o rhe estate) in the land hereinafter described. f subject to the incumbrances notified hereunder in consideration of , this day lent to me by C.D. (insert the sum of addition) hereinafter called the mortgagee, do hereby covenant with the said mortgageeFirstly, to pay to the. said mortgagee or his transferee the said dollars, on the principal sum of day of , 19 .
Secondly, to pay to the said mortgagee or his transferee, so long as the said principal s u m or any part thereof shall remain unpaid, interest on the said sum, or on so much thereof as shall for the time being per centurn per m u m , by equal remain unpaid, at the rate of 19 payments on the day of and on the day of in every year. Thirdly, that I will insure against fire in the name of the mortgagee. Fourthly (here set forth any special covenant). And for better securing the payment in manner aforesaid of the said principal sum and interest, I hereby mortgage to the said mortgagee all my estate and interest, and all the estate and interest which I am entitled to transfer or dispose of, in all that (insert if applicable part o f or otherwise according to the certificate) of (if the land mortgaged be part only o the land comprised in the existing f certificate,set forth in links or feet the boundaries, and refer to a map). Dated the day of , 19 . Signed by the said A.B. in the 1 presence of Signed by the said C.D. in the presence of INCUMBRANCES REFERRED TO-
(Section 103)
NINTH SCHEDULE JAMAICA Charge under the Registration of Titles Act I. A.B. (insert addition). being registered as the proprietor of an f estate (here state nature o estate), in all that (here describe or identify the land), subject to the incumbrances notified hereunder, and desiring to render the said land available for the purpose o securing to, and for f the benefit of CJ).(insert addition) the annuity hereinafter mentioned
tThe inclusion of this
pls
is authorized by LN. 480/19731
REGISTRATION OF TIT=
do hereby charge the said land for the benefit of the said C.D, with an to be paid at the times and in annuity of manner following; that is to say (here state the tzme appinted for the payment of the unnuity, and the events on which it shall cease to be
4
115
payable; also uny special covenants or powers and any modi&ation the powers or remedies given to un m u i t a n t by the Act).
of
And subject as aforesaid the said C.D.shall be entitled to all powers and remedies given to an annuitant by the Registration o Titles Act. f day of 19 Dated the Signed by the said A.B., in the 1 presence of Signed by the said C.D., in the presence of
TENTH SCHEDULE
JAMAICA
I, A.B. (insert addition), being the holder of: shares of each in (insert name of society), and being S registered as proprietor of an estate (here state nuture of estate). subject to such incumbrances, liens and interest, as are notified by memorandum (if any) endorsed hereon. in all that (insert description of lund uccording to the certificate, or if the land mortgaged be part only of the lund comprised in the existing certificate. stute the fact. describe or identify the l d ) in consideration (here set forth the considemtion). do hereby covenant with the said society that I will pay to the said society, or the person appointed to receive the same, all repayments, SubscriptiQns, fines, interest and other payments (and the costs and expenses attending the recovery of the same) which shall become due according to the rules of the said society in respect of the said share (or shares) and also that I will observe all the rules and regulations of the said society, until with the consent of the said society I shall pay off such balance as according to the rules and regulations of the said society may be owing to the said society in respect of the said share (or shares), all arrears of subscriptions, repayments. fines and other payments hereby covenanted, and that I will insure against fire in the name of the mortgagee to the amount of S (here set out uny speciul covenants); and for the better securing to the said society the payment of such subscriptions. repayments, fines, interest and other payments as aforesaid. I hereby mortgage to the said society all my estate and interest in the said lands bcfore described; and I empower the said society to sell the estatc and interest hereby pledged to them as security whenever 1 shall make default for the space of three calendar months in payment of the said subscriptions. repayllhe inclusion of this page is authoriLed by L.N. 4SO/J973]
( W o n 1W
116
REGISTKATION OF TITLES
ments, fines, interests or other pajlnents to become due in respect of the said share (or shares) according to the rules and regulations of the said society, without serving me with any written demand for payment of such moneys pursuant to the provisions contained in the Registration of Titles Act, or complying with the other requirements and provisjons of the said Act in reference to the power of sale conferred on mortgagees claiming under any mortgage. And I do hereby further covenant with the said society, that they may from time to time under the power of distress conferred on a mortgagee by the Registration of Titles Act, recover and reimburse themselves aC such payments, subl scriptions, lines and other moneys as aforesaid, and al costs, damaees and expenses incurred in the enforcement hereof, 19 I Dated the day of Signed by the said C.D. the in presence of
(Section 113)
ELEVENTH SCHEDULE That I will inThat I, my heirs, executors, administrators of sure against fire transferees, will insure, and so long as any money
in the name of shall remain secured by this mortgage keep insured, the mortgagee to against loss or damage by fire. in the name of the the amount of mortgagee or his transferees, in some public insurance office to be approved of by him or them, s all buildings, fixtures and machinery which shall for the time being be erected on the said land. and which shall be of a nature of kind capable of being so insured, to the amount of S , and will when required deposit with the mortgagee or his transferees the policy of such insurance, and withixl seven days after each premium shall become payable the receipt of such premium, and that the moneys which shall be received on account of such insurance. shall, at his or their option, be applied either in or towards satisfaction of the moneys secured by the mortgage, or rebuilding, or reinstating under the superintendence of his or their surveyor, the buildings destroyed or damaged. And that on any breach or non-observance of this covenant he or they shall be at liberty to effect such insurance and continue the Same for such period as may be deemed fit, and the costs and expenses paid on account thereof shall be a charge upon the said land and bear interest at the same rate as if principal money overdui.
[The inclusion of
this page is ruthorind by L.N. 4 0 l 3 8/W]
REGIS'SHA'I'ION OF TITLES
117
(Section 134)
TWELITH SCHEDULE
JAMAICA
FORM A Form 01 Certificute o Lurid sold uni.-era Writ or Order of Sale l , in pursuance of writ of sale tested I. the day of , 19 ,and issued out of the Supreme Court in illl a c h n whercin the defendant, is the plaintiff, and is registered as the proprietor of an which said estate (here slate mture o the estute) in land hereinafter described, f subject to the incwnbrdnces notified hereunder, and to effwtuate the sale made under such writ, do hercby. in consideration of the sum paid to me by E.F. (insert ddirion) transfer to of the said E.F.all the estate and interest of the said ( I f the land transferred be part i all that n only of the land coniprised in the grant, or existing certifkate. set forth in links or feet the b o d u r i e s , utld refer to U map). Dated the day o f e 19 Signed by the ;qid 1 in the presence of J S g e by the said ind in the presence of INCUMBRANCES REFERRED TO-
FORM B (*tion Form of Certifiute of Lease. Mortpge or Charge, d e r Writ of Fieri Facia in pursuance of a writ of f i n f u c i a I. tested the day of , 19 , andissuedout of the Supreme Court in an action wherein is the plaintiff, and the dcfcndant,. which said is registered as the proprietor of a kase (or mortgage or charge, as the case may k), d & of (or upon) the land hereinafter described. subject to the incumbrances notified hereunder, and t effectuate the sale made under such o writ. do hereby. in consideratioii d the sum of paid to me by E.F. (insert idition), transfer t the said E.F. all the o estate and interest o the said f assuch
Cl3a indudon of Ibia mac ia urthorhd.bY .LN. 4I10/19731
134)
118
REGISTRA TtON OF T tTLES
(or otherwise, registered proprietor in all that according to the description in the lease, mortgage or charge, or describe the land in general terms by reference to the registered instrument). Dated the day of e 19 z Signed by the said in the presence of Signed by the said E.F. in the 1 I presence of INCUMBRANCES REFERRED TO-
(Section 134)
FORM C
Form of Certificate o Sale o Registered Land under Decree or Order f f of a Court o Competent Jurisdiction f T i is to certify that A.B. of hs etc., has been declared the purchaser on the day of of the right, title and interest of C.D. in the land mentioned ani Folio described in Certificate of Title registered in Volume of the Register Book and that the land aforesaid was sold pursuant to an order of the (name of Court). Dated the day of , 19 Given under my hand and the seal of the Court this day o f , 19 Registrar of the Supreme Court or Clerk of the Resident Magistrate's Court for the parish of
(Section 139)
THIRTEENTH SCHEDULE Caveat forbidding Registration of any change in Proprietorship or any dealing with Estate or tnterest To the Registrar of Titles: Take notice that I (insert name and addition) claim (particularize the estate or interest claimed) in the land described in Certificate of Title registered in Volume , Folio , and I forbid the registration of any person as transferor or proprietor of and of any instrument affecting such estate or interest (or until after notice of the intended registration or dealing be given to me or unless such instrument be expressed to be subject to my said claim). I appoint as the place at which notices and proceedings relating hereto may be served. Dated this day of , 19 . Signed in the presence of
P'he inclusion of this page is authorized by L.N. 480/1973]
119
(Section 144) FOURTEENTH SCHEDULE JAMAICA Application for Sea& Certificate I hereby request to be informed whether there is any, and. if any,
what obstacle to a dealing by A B . the proprietor of and descr3ed in Certificate of Title in Volume Folio of the Register Book with the land comprised in Certificate aforesaid.
Search Certifkate No. The last registered dealing or encumbrance affecting the title of the proprietor to the land comprised in the above Certificate of Title is noted upon the Certificate as follows-(Refer the last entry upon the to Certificate in such a way as distinctly to identify. or, if the title be clear, state that there is no dealing or incumbrance mentioned lipon the Certificate). At the time of issuing this Certificate there is nothing to prevent the registration of a dealing by the registered proprietor except-(If the title be clear and there is nothing to prevent dealing, strike out the word except). (If there be any caveat, dealing lodged for registration, application by ofiial assignee, notice o fi. fa. or other obstacle to dealing not f rioted on the Certificate of Title, refer to such obstacle in such a way as to give the applicant notice o it and to enable him to ascertain f particulars by inspection). The information above given refers only to the present state of the register and the present right to register a dealing with the interest of the proprietor appearing on the register. The seal of the Oflice of Titles was affixed to this search certificate oclock on the day of at the hour of
19
FIFIZENTH SCHEDULE (Seation 146) JAMAICA Application for stay o registration as to title of A.B.. to land comprised f f Folio of the in Certificate o Title registered in Volume Register Book, as to which search certificate No. has been applied for , now dealing bona fide for I , C.D., of value with the above-named A.B., as to land comprised in the above certificate, in order to protect such dealing, hereby apply for a stay of
registration of any instrument affecting the land proposed to be dealt with for fortyeight hours from the time named in the search certificate. The particulars of the proposed dealing are as follows-
m inclusion of this page is e
authorized by L.N. 480/1973]
120
REGtSTRATtON OF T l T m
Tbe tranmction is-(State o other dwling for vdue?. r
whether &, mortpge, exchange, leaseI
The consideration -State the price to be pdd or amount to be lent. rent to be ppid, or other Canridrroionl. The land to be comprised in the dealing is all the land comprised in the above ctltificatc-(Zf n t all, strike out the words followittg is o and dexribe the land in such a manner as distinctly to identify it.)
Sigaature of the applicant or bis solicitor.
I coaaant t the above application for stay of registration,and certify o that the propooed dealings is as above stated. Signature of proprietor or of his authorized agent.
Ordu for Stay of Registration
hours
oclock on the I hepcby dinct that for fortycight hours f o rm day of , 19 ,nothing is to be entered on the register as to the land above described. except an instrument giving effect to the above dealing, which if lodged for mgistratbn within that time is to have priority over all other instruments which may be l d for registration during such forty-eight oH
Registrar of Titles.
(Section 199)
SIXTEENTH SCHEDULE Form of Power of Attorney

my attorney, I. A B . . do hereby appoint to sell to any person all or any lands. leases. mortgages or charges, whether now belonging to me or which shall hereafter belong to me under or by virtue of the Registration o Titles Act, or of which I f am now or shall hereafter be the proprietor or owner under the said Act. Also to mortgage all or any such lands or leases for any sum at any rate of interest. Also to charge the same with any annuity ot any amount. Also to lease all or any such lands as shall be of freehold tenure for any term of years not exceeding twenty-one years in possession at an rent. Also to surrender. or obtain or accept the surrender, of any case in which I am or may be interested. Alsa to exert% and execute all powers which now are or shall hereafter bc vested in or conferred on me as a lessor, mortgagee or annuitant under the said Act (or otherwise according to the nature and extent of the powers intended to be conferred). And for me and in my name to
Vk
iaclusiodl of this page is authorized by L.N. 480119711
sign all such transfers and other instruments, and do all such acts. matters and things as may be necessary or expedient for carrying out the powers hereby given, arid for recovering all s u m s of money that are now or may become due or owing to me in respect of the premises, and for enforcing or varying any contracts, covenants or conditions binding upon any lessee. tenant or occupier of the said lands, or upon any other person in respect of the same, and for recovering and maintaining possession of the said lands, and for protecting the same from waste, damage or trespass. Dated this day of , 19 . Signed by the said A.B., in the 1 presence of I
121
SEVENTEENTH SCHEDULE
d
the day , 19 , C.D.,the attwting witnes~to thts instrument, and declared that he personally knew A.B., the person signing the same, and whose signature the said C.D. attested, and that the name purporting to be the signature of the said A.B., is his own handwriting, and that he was of sound mind and freely and voluntarily signed such instrument. Appeared before me, at
(Ssction 152)
EIGHTEENTH SCHEDULE Fees payable under this Act exclusively of advertisement

Fee No. 1
On making application to bring land under
4682I 1995.
LN.
the operation o the Actf When the appllicant is the original grantee r f under any patent o under deed o conveyance f o the Coxnmissicmers for the sale rm o incumbered estates, or under any Act f declaring the title acquired by such grantee to be indefeasible, or under any order o f the Supreme Court or Resident Magistrate's Court, and no tmmwtion affecting f the land has taken place since the date o suah patent. deed or oonvqam o order r When the Title is o any other description and f the value o the land does not exceed f $lO,OOo
$ 100.00
...
1 .
...
5 100.00
hcbdon o this page is authorized by L.N. 95/ 19971 f
I22
REGISTR A TION OF TITLES
The like when the value exceeds $ OO O 1,O and does not exceed $20,000 ... The like when the value exceeds $20DOO0 and does not exceed $4O.O00 ... The like when the value exceeds $4O.O00 and does not exceed $60,000 The like when the value exceeds $60.000 and does not ex& $80.000 ... The like when the value exceeds $80.000 and does not exceed $l0ODOOO ... The like when the value exceeds Sl00.OOO and does not exceed $120.000 For every $2,000 or part o $2.000. in f exo $120.000 f ...
$ $
200.00 400.00
...
600.00
800.00
$l,OOO.00
... $1~00.00 ... s 20.00
Fee No. 2 On making application for re-registration by
b
When the value o the land does not f
exceed $20,000 When the .value exceeds $20,000 but not $4O,OOO ,.. When the value exceeds $40.000 but not $100.000 For every $5.000 or part of $SDOOO after
...
... ... ...
... s
12o.00
...
$ 240.00
...
s
S
600.00
30.00
the first $lOO.O00
...
...
Fee No. 3 On m k n applioation for the entry d a aig .. person as pr 'etor on tramnwm in respect of lan o a lease, m r g g or r otae
not exceed $2.000 For every $ , 0 pmt d $2,000,aftet 2 0 or
... s 40.00 the fimt $2.000 ... ... $ 10.00 Provided always that the fee in no case shall exceed ... ... ... $1.000.00
Act; for every Sl.OO0 3 1value o the land . f
When the value does not exceed $l.OOO When the value exceeds $, O and does l O O
20.00
...
Fee No. 4 Contribution to Assurance Fund(U) Upon first bringing Iand under this
5.00
' ion uf any land by plan: ior every S1,OOO in value of the land
2.50
FOCNO. 5 (1) For every certificate d tide-
When the value o the land does not f ... ... exceed $lO,OOO When the value o the I d exceeds f $lO,OOO and does not exceed $5O,OOO When the value at the land exceed8 $50,000 and does not exceed $lOO.OOO For every 510,OOO. o part o $OO O in r f l.O excess of the first S100,OOO in the value of the land ... ... Provided that the maximum fee shall be(U) %500.00 in the case o a new c r i i a e f etfct issued on a transfer o a portion o f f registered land or on re-registration: (b) $300.00 in the case o a new certificate f in place d a lost Certificate of Title: and (c) $100.00 in the case o a new certificate f in place o a Certificate o Title surf f rendered under, the ptovisions o f d o n 79 o this Act. f
(2) When land is identiiied by plan to be
120.00 150.00
S 250.00
S
3.0 00
attached t ,o form part o the Certio r f f a t e o Title there shall be paid for prepring the plan to be referred to in the certificate an additional fee equal t that presnibed f r a Certificate o o o f Title for land of corresponding value, restricted hawever to $509.00 or such larger sum as the Regktrar shall consider to be reasonable f r the amount o of work involved.
Fee No. 6 On lodging for regktmtion of( U ) a lease or a transfer thereof; or (b) a transfer not for value; or (c) a transfer in cansideration o marf riage; o r ( a transfer by way of partition; or 4 (e) a transfer o a mortgage or charge f for value o otherwise r
...
300.00
124
Fee No. 7 On lodging a caveat against bringing land under the operation o the Resissgtion f o Titlea Act f ... ... ... Fee No. 8 On the lodging for regisltrrttios d a trades on d e o exchange o land. o a moptgage r f r a charge, o on the lodging of a caveat r r m t d d h g a lmdWhen the value of the land or interest or amount o mortggge or charge f ... does not exceed $2,000 On every Sl.OO0 or d $l.OOO i n excess o $2,000 f ... ... For the ptrpolre o this item the value f of the land or interest &ected shall be the value d the amsideratkm & & y or i n d W y paid o secured r or agreed t be paid or aeuued o as set out i the instrument to be n registered. and i the caae d a caveat n the value of the &ate or interest specified and claimed therein either as set out in the document under which the e&ate o intemst is claimed and a copy r w h d $OCOIIYPIUPieS the caveat o in r a statutory declataton by the caveator which shall accompemy such caveat.
100.00
...
s
s
10.00
5.00
A Wements f The following abatmenta o fea ipecif?ed i Fee No.8 &all be maden (1) Where a morteagc or charge by an A 'cant fr firat registration of title o i odged with the agplicatim for s registmtim or if lodged subquent to the date o first registration but before f the issue o the Certillcate of Title f there shall be paid on the m r g g or otae ... ... charge a fee (2) Where a mortgage or chat.ge by tho transferee Mder a transfet for value is lodged with the transfer. the feo on the m r g g or charge (whsther paid otae on the amount at the time o fimt f r@straticm o on further advances r thereunder subsequent to refaration) shall be d d to one- alf and further mortgages or charges by the
50.00
same mortgagor to the same mortgagee on the security of the same property shall fall under this abatement. Where a mortgage or charge is secured on unregistered land or other propem as well as on registered land the fee shall be assessed on the sum which bears the same proportion to the whole sum secured as the value of the registered land bears to the value of the whole security. The fee on a mortgage or charge by way of additional or substituted security and for no additional consideration shall be . . . . . . . . .
$ OO.OO
Where, on the registration of the discharge of a mortgage or charge or the withdrawal of a caveat, a new mortgage or charge affecting the same land or any part thereof is lodged in favour of the proprietor of the former mortgage or charge, or the caveator, the fee payable on the new mortgage or charge, in so far as the amount secured does not exceed the maximum amount at any time secured by the former mortgage or charge or the document copy whereof accompanied the caveat shall be . . . . . . . . . $100. 00 Where withdrawal of a caveat against a Certificate of Title in respect of an advance is lodged with a mortgage to be registered on or caveat to affect the same certificate within eighteen months of the date of the lodging of the caveat, the fee on lodging the mortgage or new caveat (up to the amount secured by the caveat being withdrawn) shall be . . . . . . ...... ... $50.00 and for each additional one thousand dollars ... Where two or more abatements of fees are applicable to the same case, their effect shall not be cumulative, and the applicant shall be required to pay the greater fee.
[The inclusion of this page is authorized by L.N. 87120041
$ 5.00
REGISTRATYON OF TITLES
FeeNo. 9 On lodging a caveat by a lender under the Agricultural Loans Actfor every two thousand dollars or part thereof of the amount of his loan . .. ... ... Provided that in no such case shall the fee ... .. . .. . . . . ... ... exceed On lodging for registration of a discharge of a mortgage or charge, wholly or partially or a satisfaction of an annuity or a surrender of lease .. . .. . . . . . .. ... .. . ... On lodging for registration of(a) an Instrument appointing a Receiver (b) a Power of Attorney . . . ... ... On lodgement of an attested copy of a Power of Attorney and noting the original and copy ... On lodgmg application for cancellation of lost Certdkate of Title .. . .. . ... ... For a Search Certificate for every Certificate of Title mentioned therein ... ... ... For an Order for stay of registration for every Certificate of Title mentioned therein ... For withdrawal of caveat ... ... ... For giving notice to caveator under paragraph 2 ... ... ... ... of section 110 . . . On lodging an application for an entry of fore... .. . ... ... .,. closure For every search in one matter only For every general search
.. . ... ..
L.N.
8412003.
Fee No. 10
Fee No. 11
Fee No. 12 Fee No. 13 Fee No. 11
L.N.
8412003.
Fee No. 15 Fee No. 16 Fee No. 17 Fee No. 18 Fee No. 19 Fee No. 20 Fee No. 21 Fee No. 22 Fee No. 23 Fee No. 21
...
...
L.N.
8412003.
For wery map deposited ... ... ... Fee depositing documents declaratory of trusls For registering recovery of possession or registering the lessee or surrenderee ... . .. For registering vesting of lease in mortgagee on refusal of trustee to accept same ... ...
[The inclusion of this page is authorized by L.N. 87120041
127
Fw NO.25 For entering notice of Marriage
F e No. 26
... ... s For entering notice of Wnt of Sekure and ... $ Sale or an Order o a Court ... f
entee!d
Or Death including Death o joint proprietor of land. f lease o mortgager F a every Certificate of Title in which
...
100.00 100.00
100.00
Fee No. 27 For entering s a t i d d o n o any such Wi f rt F e No. 28 For Order dispensing with production of any e
Fee No. 29
s
s
Fee No. 30
Fee No. 31
F e No. 32 Fee No. 33 Fee No. 34 F e No. 35 e

Fec No. 36
Fee No. 37
Fec No. 38
Fec No. 39
duplicate grant C r i i a e o Instrument etfct r For Order for and inspection of any dwummts permanently retained to include all the dooulnents mentioned in any Order When any application. Instrument, Caveat, Order. Writ, Notice, Declaration o Trust, f or othm entry to be registered purports t o deal w t land comprised in more than one ih f Certificate o Title an additiqnal fee in respct o eaoh such Certificate after the first f Far copy o o extract from any document f r depomted i support o an application to n f bring land under the A t and retained. c of from any caveatfor each 100 words ,.. ... For every certified copy. first 100 words For every 100 wonis o part after the first r F a every Summons ... For examination thereunder far every I5 minutes occupied For statement of gmunds under section 156 For en o the Trustee o a Bankrupt. as a f f T a e r e e or proprietor ... c)n lodging an application for amendment of the Register. etc. ... For mgking the amendment such further fee (3my) as the R g s r r shall amsider to eita be reasonable.
100.00 100.00
20.00
s
$
5.00
... ...
... ...
s
s s s s
5.00 2.00 20.00 20.00 500.00 100.00 50.00
...
[Tbe inclusion of this p g e is auubxized by L.N. 95 / 19971

Registration of Titles Act

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REGISTRATION OF TITLES

THE REGISTRATION OF TITLES ACT

Procedure in bringing Land under the operation of this Act

Caveat d@?W Registmtion of Ldd

REGISTRATION OF TITLE3 Registraiion of Lund with doubt/ul Title

O m e Copy of Decree of Order as Evidence of Title

the Referee as evidence of tte il.

Purchaser requiring Registered Title

Registration in lieu of Patent

Re-registrm'on of Registered Land by Plan

Mode of application. Direction by Refexee. Register Book;Mode of Registering;and effectof Registration

lnsptxtion of Register Bo&k

m inclusion of this page i s authorized by L.N. e

Execution ofInstruments by Corporations

Implied Powers and Covenants

inclusion of this page is authorized by L.N. 480/19731

REGISTRATION OF TITLES Registratiog an TmnsmissiOn

Registration of Tmnsfer on Sale under a Writ or Order and of Vesting Orders

137. Registratm of transmission of title by death o party having an f

BanAruptcy 138, ROgiBhtiOa of transmission to trustee in bankruptcy. PIwcuibgs as to property of bankrupt.

139. Caveat against dealings

comprised in proposed dealing.

Procedure and Practice

title or of its being in possession of wrong p m e a

[The inclusion of this page is authorized by L.N. 00/1973]

in writing for compensation.

171. Rules. 172. Modification of forms i Schedults. n

Fees and Duties

inclui~n this paos ir authorized by LN. of %0/1973]'

THE REGISTRATION OF TITLES ACT

1. This Act may be cited as the Registration of Titles Act.

Appointment, Powers and Functions of Oflcers

4211969 3rd Sch.

REGISTM TION OF TITLES

Constitution of panel of Referees. 2511967

Salary and fees of

Registrar and Referees.

Salary of Deputy Registrar. 1011974 S. 3.

duties of the officer in whose stead he may have been appointed.

Notice to Keeper of the Records of land brought under the operationof

Conveya c transfers or e s under the

Settled Land Act. need not be recorded. antrihtionb*e Assurance Fund.

this page is authorized by L.N. 480/1973]

m inohsion of thir page e

is authorized by LN. 480/1973]

andalter forms in Schedules.

m inclusion of this page is authorized by LN. 4R00119731 e

Procedure in bringing Land under the operation of this Act

Re istration oft tle as abs lute or quaDified.

this page is authorized by L.N. 480119731

m inclusion of this page e

is authorized by LN. 480/1973]

29. Every p c h application shall be accompanied by the

Notification of provisional title.

title will be registered in accordance with such provisional approval.

Referee not to proceed ;$a t ::n acquiesces in his provisional decisibn.