Title by Registration Act (No. 1 of 1886)

LAWS OF ANTIGUA AND BARBUDA Title Registration (CAP. 429 1 CHAPTER 429 THE TITLE BY REGISTRATION ACT Arrangement of Sections Section 1. Short title. 2. Interpretation. of Title 3. Certificate of title. 4. On issue of certificate of title former deeds to cease to have effect, and to be kept by Registrar. 5. Dealings with lands brought under this Act. 6. Procedure where land acquired by the Crown. 7. Crown grants. 8. Certificate of title to be indefeasible. 9. Powers of registered proprietor. 10. Right of registered proprietor. 11. Certificate of title not to affect rights of common. Bringing Lands Under Act 12. Right to first certificate defined and application therefor. 13. Application to be submitted to Judge. 14. Possession to be possession as owner. 15. Case to be stated for consideration of Court of Appeal where there is any doubt as to title of applicant. 16. Parties interested may enter caveat. 17. Request for first certificate of title, etc., to be accompanied by plan. PARTI Indefeasible Certificates PART II OF ANTIGUA AND BARBUDA 2 CAP. 429) Title by Registration Titles to Assurance Fund. Titles to Land Assurance Fund. 19. Provisions where certificate of title has been wrongly issued. Transfer and of Land 20. Memorandum of transfer. 21. Issue of new certificate of title on transfer, and cancel lation of previous certificate. 22. Consolidation of certificates of title. Provisions for transfer of portion of land contained in certificate of title. 24. Transferee to be liable for mortgages noted on certificate of title. Transfer of easements or incorporeal rights. Provisions for transfer of land to trustees. 27. Issue of new certificate of title on death of registered proprietor. 28. Partition. 29. Issue of new certificate of title to Administrator of Estates. 30. On issue of new certificate of title, all mortgages and incumbrances to be noted thereon. 31. Issue of new certificate of title to trustee of bankrupt registered proprietor. 32. Issue of new certificate of title to assignee, of insolvent registered proprietor. 33. Transmission of mortgage or incumbrance on death, bankruptcy, of mortgagee or incumbrancee. 34. Issue of new certificate of title where land has been acquired by prescription. Land Tax, Mortgages and Incumbrances; and the Sale of Incumbered Land LAND TAX 35. Land tax. 18., 23. 25. 26. IAWS PART III Land PART IV Transmission &c., &c., &c., LAWS OF ANTIGUA AND BARBUDA Title (CAP. 429 3 MORTGAGES 36. Mortgage to be constituted by noting on certificate of title. Memorandum of mortgage to be presented to Registrar. 38. Date of mortgage. 39. Particulars of mortgage to be noted on certificate of title. 40. Registrar to file memorandum of mortgage. 41. On noting of mortgage, land to be held in pledge by mortgagee. 42. Subsequent mortgages may be created; in case of sale, mortgages to be paid in order of date. 43. Mortgages and incumbrances to rank by date. 44. Mortgage to be for specific sum actually advanced. 45. On non-payment mortgagee may take steps for sale of land. 46. Mortgage to extend over land, works, growing crops, Mortgagor to have use and enjoyment of property. 48. Mortgagee not to enter into possession of land with out consent of parties interested. 49. Registered proprietor to retain certificate of title. INCUMBRANCES Incumbrance to be created by noting on certificate of title. Memorandum of incumbrance. Incumbrances to rank by date. Clearing of incumbrances on seizure and sale of land. Valuation of incumbrances. Extent of incumbrance. Leases for three years to be incumbrances. Memorandum of lease. Power of incumbrancee to prosecute sale of land not to extend to lessee. EQUITABLE MORTGAGES 59. Equitable mortgage constituted by deposit of certifi cate of title. Equitable mortgage to extend over all property over which a mortgage extends. 37. 47. 50. 51. 52. 53. 54. 55. 56. 57. 58. 60. by Registration &c. LAWS OF ANTIGUA AND BARBUDA 4 CAP. 429) Title 61. Equitable mortgage may be for a definite sum, or to cover advances. 62. Equitable mortgagee may by caveat prevent dealing with land. 63. of an equitable mortgage into a mortgage. TRANSFER AND DISCHARGE OF MORTGAGES AND INCUMBRANCES 64. Memorandum of transfer to be presented to Registrar. 65. Transfer to be noted in same way as mortgage or incumbrance. 66. Date of transfer. 67. On payment or part payment, of mortgage or incum brance, noting on certificate of title to be altered accordingly. 68. Transfer of lease. 69. Proceedings for transfer of lease. 70. Termination of lease to be noted on certificate of title. SALE INCUMBERED LANDS OR ESTATES 71. Notice to pay off. 72. Seizure of land on non-payment after notice. 73. Act of seizure to be served on registered proprietor. 74. Caveat of seizure to be presented to Registrar. 75. On non-payment of debt within 30 days after seizure, articles of sale to be settled by a Judge. 76. Court to appoint and advertise date and conditions of sale. 77. Rights of incumbrancees to be preserved. 78. Sale to be by Registrar of High Court, at the Court House. 79. Payment of price. 80. On non-payment of price, new sale to take place. 81. Scheme of 82. Issue of new certificate of title after sale with reserved incumbrances noted thereon. 83. Registered proprietor may remain in charge of property between seizure and sale, but receiver may be appointed. 84. Debt may be paid up to noon of day preceding day of sale. 85. If no seizure made within the time limited. fry Registration Oonversion OF division. LAWS OF ANTIGUA AND BARBUDA by Registration (CAP. 429 5 Seizing creditor to have carriage of sale. Effect of seizure on leases and rents. Payment of solicitor having carriage of sale. Percentage payable to solicitor. Taxation and payment of costs. Adjournment of sale. Announcement of adjourned sale. Mortgagee, kc., may bid at sale. Questions arising in course of sale to be settled the Court. CROP ADVANCE WARRANTS Security of mortgagee, kc., not to extend over crop when reaped. Crop may be pledged for repayment of advances. On sale of land by mortgagee, crop advance warrant to have preference. Effect of crop advance warrant. Holder of crop advance warrant may take possession of crop. Holder of crop advance warrant to account to proprietor. Proprietor appropriating proceeds of crop without paying crop advance. If crop insufficient to repay advance, balance to be a personal debt of proprietor. Crop advance warrants transferable, and may be granted by lessees. Registration of crop advance warrants. Proceedings for enforcing payments due under crop advance warrant. Judgments 106. Order of sale in satisfaction ofjudgment debt. 107. Sale in satisfaction ofjudgment debt. 108. Transfer on sale in satisfaction ofjudgment debt. 109. Judgments, how made a charge. 110. Endorsement ofjudgment on duplicate certificate. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. Title by PARTVl LAWS OF ANTIGUA AND BARBUDA 6 CAP. 429) Title by Registration Caveats Form of caveat. may present caveat. Caveat to be noted on certificate of title. Notice of caveat to be sent to caveatee. Effect of registration of caveat. may withdraw caveat. Caveatee may give order of removal. may apply to Court to sustain caveat. Application to Court to remove caveat. liable in damages. All orders of Court relating to caveats to be noted. No second caveat to be received from the same person. Cases in which Registrar may enter caveat. PART Registration and Confirmation of Qualified and Possessory Titles REGISTRATION OF QUALIFIED TITLES AND POSSESSORY TITLES Application for certificate. 125. Certificate of qualified title. 126. Certificate of possessory title. 127. Application of other Parts of this Act to certificates of qualified or possessory title. 128. Application of forms to certificates of possessory and qualified title. 129. Certificate may be cancelled. CONFIRMATION OF POSSESSORY TITLES AND QUALIFIED TITLES 130. Power to apply for examination of possessory or quali fied title. 131. Application for confirmation of possessory or quali fied title. 132. Public notice on receipt of application. 133. Mode of showing cause against confirmation of title. 134. Confirmation of title at expiration of time. 135. Confirmation of title to incumbrancee. PART VII 111. 112. Who 113. 114. 115. 116. Caveator 117. 118. Caveator 119. 120. Caveator 121. 122. 123. VIII 124. LAWS OF ANTIGUA AND BARBUDA Title by Regstration 429 7 Powers and Duties of of Titles, and Mode of Reviewing their Decisions Registrar of High Court to be Registrar of Titles. Registrar may state a case for decision of Court in questions arising under this Act. Registrar to obtain direction of Court upon questions of difficulty. Powers of Court. Party aggrieved by act of Registrar may bring question before the Court. In case of error or fraud, the Court may compel return of certificate of title to Registrar, Court may order or amendment of certificate of title. Registrar may require production of certificate of title, and attendance of witnesses. Registrars may administer oaths and correct errors. On proof of loss of certificate of title, new certificate may be issued. Registrar may require plan to be attached to certificate of title. Powers of Attorney, Attestation of Instruments, Dealings Abroad and Married Women Form of power of attorney. Attestation of instruments executed within Antigua and Barbuda. Attestation and proof of instruments executed out of Antigua and Barbuda. Certificate of closing of registration. Noting dealings in land made out of Antigua and Barbuda. Acknowledgement of married woman executing instrument out of Antigua and Barbuda. Execution of instrument by married woman in Antigua and Barbuda. Application of Part X. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. PART IX Registrars cancellation PARTX (CAP. &c. LAWS OF ANTIGUA AND BARBUDA 8 CAP. 429) Title by Registration Forms, Solicitors, and Scales of Fees 154. Parties may themselves fill up forms of instruments; only solicitors may charge fees for doing so. 155. Fees to be paid to solicitors. 156. Fees of office. Penalties 157. Fraudulent procuring of certificate of title a misdemeanour. 158. Forgery of seal, felony. Miscellaneous 159. Nominal index of parties to instruments. 160. Governor-General to provide offices. 161. Appointment of officers. 162. Seals and forms of instruments to be provided. 163. Appeal to Court of Appeal. 164. Judge may refer case to Attorney-General. 165. Question of fact may be tried 166. Reservation of right of parties to have questions tried before a jury. 167. Receivers. 168. Abolition of consignee's lien. 169. Power to Chief Justice to make rules. 170. Proof by draughtsman. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. FOURTH SCHEDULE. FIFTH SCHEDULE. PART XI PART XII &c., &c, PART XIII by jury. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 9 TITLE BY REGISTRATION (1st February, 1887.) 11 / 1922. 1 This Act may be cited as the Title by Act. (1) In this Act-, Interpretation. "first" when used in relation to a certificate of title, means the first certificate of title issued under this Act in respect of the land comprised in the certificate; "First Schedule," "Second Schedule," "Third Schedule," "Fourth Schedule" and "Fifth Schedule" mean respectively the First, Second, Third, Fourth and Fifth Schedule to this Act. (2) Lands shall be deemed to be brought under the operation of this Act from the time when a first certificate of title is issued in respect of them. (3) Whenever any of the expressions defined in the First Schedule occurs in this Act, it shall, unless the context otherwise requires, have the meaning assigned to it in the said Schedule. (4) A Judge may do in Chambers any act which the Court is by this Act authorized to do. 2. 1/1886. 8/1923. /1925. 7 /1928. 21/1932. 5/1935. 15/1937. 4/1943. 21/1944. 9/1954. S.R.O. 22/1956. 26/1956. 17/1957. 11/1958. 15/1961. 16/1962. 18/1989. Registration Short title. LAWS OF ANTIGUA AND BARBUDA 10 CAP. 429) Title by ( 5 ) Whenever it is provided by this Act that an instru ment shall be in a specified form, it shall be understood to mean that the instrument shall be in that form, or as near thereto as the circumstances admit. Indefeasible Certificates of Title 3. (1) The title to lands brought under the opera tion of this Act shall consist of a certificate of title in Form 4 Form 4. in the Second Schedule, to be issued in duplicate by the Registrar of Titles according to the provisions hereinafter contained, and such certificate of title shall be registered by placing one duplicate, in the order of its date, in the cur rent volume of the register. current volume shall be bound annually, or at such times as the Registrar of Titles, with the approval of the Chief Justice as ex Keeper of the Records, may determine, and shall be carefully pre served. The other duplicate shall be handed over to the registered proprietor, who shall be bound to produce the same whenever he desires thereafter to transfer or other wise deal with the land. (2) Before the issue of a certificate of title, the Registrar of Titles shall note thereon in a brief, clear and legible manner, following the form of note set forth on Form 4 in the Second Schedule, all mortgages and incum brances affecting the lands, in the order of their dates. He shall also number each certificate of title as a folium of the current volume and place a corresponding number upon the duplicate delivered to the registered proprietor. When more than one person is named as registered proprietor, the duplicate shall be delivered to the person first named. On issue 4. The date of every first certificate of title shall be the day and hour at which the Registrar of Titles shall place former deeds to the certificate of title in the current volume; up to which period of time the former title shall be held to to exist. and immediately after to cease and determine, and all deeds upon which land to which the certificate of title relates had been theretofore held, or by which any mort gages or incumbrances upon the said land were shown to exist, shall cease to have any force or effect, and shall be Certificate of title. Second Schedule. off . certificate O title cease to have effect, and to be kept by Registrar. the Registration PART I The officio continue LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 11 preserved in the custody of the Registrar of Titles, or in such manner as the Chief Justice, in his capacity of Keeper of the Public Records, shall, under the provisions of the Registration and Records Act, from time to time direct. 5. (1) and after the time when any land is brought under the operation of this Act, all dealings with such land shall be in the forms and governed by the princi ples set forth in this Act; and all such dealings shall take effect from the date and act of and not from the date of the execution or delivery of any instrument or document, or otherwise, save as in this Act provided. It shall not be necessary to register under the provisions of the Registration and Records Act, dealings with lands brought under the operation of this Act, which are in accordance with the provisions of this Act. (2) Dealings with lands brought under the operation of this Act, which are not in accordance with the provisions of this Act, shall operate as contracts only, and shall not con fer any right in respect to the land, except the right of enforcing the contract as against-the parties, and persons claiming, otherwise than as purchasers or mortgagees for value, under such parties. 6. (1) In any case where the land of any registered proprietor under this Act is partly or wholly acquired by the the Crown. Crown by gift, purchase or devise, or under the provisions of any Act for the time being in force relating to the acquisi tion of land, the officer for the time being administering the Government shall forward to the Registrar of Titles the particulars of such acquisition (the correctness of which shall, in the case of acquisition by purchase, be certified by the registered proprietor) together with a plan or, where part only of the land has been acquired, with a plan in duplicate showing the extent of such acquisition. (2) On receipt of such particulars and plan or plans, the Registrar of Titles (a) note on the original, and also on the dupli cate, certificate of title, the fact, date and extent of acquisition of the land by the Crown and also a reference to the volume and folio in the book (hereinafter in this From registration, shall Cap. 375. Dealings with lands brought under this Act. Procedure where land acquired by CAP. 429) LAWS OF ANTIGUA AND BARBUDA Title by section referred to) in which a copy of the plan relating to the land may be found and, where the whole of the land has been acquired, cancel the certificate of title; (b) where part only of the land has been acquired, cause the area to be demarcated by a licensed surveyor on the plan attached to or on the certificate of title; and ( c ) bind the plan or one of the plans (as the case may be) in the said book and attach the other (if any) to the duplicate certificate of title and return the same to the person entitled thereto. (3) The effect of noting or cancellation under subsec tion (2) shall be that the land or portion of the land the sub ject of the certificate of title shall thereby be removed from the operation of this Act. (4) For the purposes of this section the Registrar of Titles shall keep a book in which shall be bound a copy of every plan received by him under the provisions of this section. (5 ) This section shall be deemed to have come into operation on the 27th day of March, 1941, but nothing in this section or in any other section of this Act shall affect or prejudice the validity of any certificate of title issued to the Crown or to the Governor of the Leeward Islands and his successors in office under the provisions of this Act prior to the coming into operation of this section. Crown grants. 7. Whenever a grant of land is made by the Crown, the grantee may elect, instead of receiving the grant, to have a certificate of title issued to him in lieu thereof, and on notice in writing of such election being given to the Governor-General the grant, instead of being given to the grantee, shall be delivered to the Registrar of Titles, with a direction indorsed on the grant and signed by the Governor-General, that a certificate of title be issued to the grantee. Whenever a crown grant is so delivered to the Registrar of Titles, he shall, without payment of further or other fees, issue to the grantee a certificate of title in respect of the land comprised in the grant. 12 R.eg;is tration LAWS OF ANTIGUA AND BARBUDA by Registration 429 13 8. All certificates of title granted under this Act, title to be indefeasible. all notings of mortgages and incumbrances on the same, shall be indefeasible. 9. In every certificate of title a registered proprietor or proprietors shall be set forth of the land which it relates, who shall have the absolute power to deal with the land in any manner in which land may be dealt with under this Act; any rights for life, or rights in the land for terms of years, or any other limited or conditional rights, being here by declared to be incumbrances on the said lands, and requiring to be constituted as such in the manner in which incumbrances are constituted under the provisions of this Act. The right of the registered proprietor named in a certificate of title to the land comprised in a certificate of title granted under this Act shall be the and most unqualified right which can be held in land by any subject of the Crown under the law of England, and such right can not be qualified or limited by any limitations or qualifica tions in the certificate of title itself, unless such limitations and qualifications were inserted in any crown grant in place of which the certificate of title has been issued or as in the case of mortgages and incumbrances, when these are noted on the certificate of title. Notwithstanding anything hereinbefore not to affect rights tained, no certificate of title heretofore issued, or hereafter to be issued, under the provisions of this Act shall, save as provided in section 25, in any way affect any rights of com mon, rights of way, or rights to, or to be exercised over, any pond, streams, or other water, or any other easements or profits prendre, or the ownership of any public road. Lands under Act (1) Land not registered under this Act may be so and application therefor. ( a ) if the applicant can show a good documentary title thereto in himself and his predecessors in ownership 10. 11. a 12. registered Title PART II Bringi,ng (CAP. to fullest and Certificate of Powers of registered proprietor. Right of registered proprietor. con- Certificate of title of common. Right to first certificate defined LAWS OF ANTIGUA AND BARBUDA 14 429) Title Registration for at least thirty years next before the date of the pre sentation of the request under this Act; if, notwithstanding that such documentary title thereto cannot be shown, the Court is satisfied from the deeds or other documents accompanying the request that the applicant has the right to claim the land as owner and that he himself has been in undis turbed possession of the same continuously during the period of twelve years next before the date of the pre sentation of the request under this Act; (c) if the applicant has, by descent or by will or deed, acquired a title to the land from a person who would have been entitled himself to have the land reg istered in accordance with the provisions of paragraph of this subsection; (d) if the land has been in the sole and undis turbed possession of the applicant alone in his own right or as executor, administrator or trustee, or partly in the sole and undisturbed possession of the applicant in any such right and partly in the sole and undis turbed possession of any other person through whom he claims, continuously for a period of thirty years next before the date of the presentation of the request under this Act. (2) The application to bring land under this Part shall be made by the owner who shall present a request to the Registrar of Titles for the issue to him of a first certificate in respect of the land described in the request. (3) Where the owners of land are joint tenants, tenants in common or coparceners, the request shall be made in the names of, and shall be signed by, all of them. Second Schedule. Form 1. (4) The request shall be in Form in the Second Schedule and shall be accompanied at the time of the pre sentation by all the titles, deeds or other documents under which the applicant claims to be the owner of the land. (5) Forthwith upon the presentation of the request, the Registrar of Titles shall thereupon proceed to give pub lic information of such application by exhibiting on the CAP. by (b) (b) 1 LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 15 door of the Court House a copy of the schedule of applica tions in Form 3 in the Second Schedule, and the person presenting the request shall give further notice of such application by causing that part of the said schedule of applications which relates to his application to be advertised in two issues of at least one newspaper published in Antigua and Barbuda, and no such certificate shall be issued until the expiration of four weeks from the date of exhibiting the schedule or from the date of the first thereof in the said newspaper. (6) The applicant shall also within seven days after the presentation of the request cause notice of the application to be served personally upon all owners or occupiers of land adjoining the land for which a first is applied, and no certificate shall be issued until proof has been given by the applicant that such notice has been given and that four weeks have expired since the giving of that notice. (7) A Judge may, upon or without any application, order such special notification to individuals or generally, or may direct such public advertisement of the application for the first certificate in newspapers outside Antigua and Barbuda as may to him appear just and reasonable. (8) Every request for the issue of a first certificate shall be accompanied by a plan made by a licensed surveyor, and the Registrar of Titles shall reject any plan which he consid ers insufficient, subject to an appeal to a Judge in Chambers. (9) Where the application for a first certificate is in any respect based on possession of the land, the request shall be accompanied by affidavits of the applicant and of two other persons at least, and such affidavits shall set out in detail the facts establishing that the applicant has been in sole and undisturbed possession of the land continuously for the period of time required by this section as well as the acts of ownership exercised over the land and shall prove that the rents, fruits and profits accruing out of the land have been taken and appropriated by the applicant as owner during such period. appearance ;ertificate Second Schedule. Form 3. LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title Registration Application to be submitted to Judge. Possession to be possession as owner. Case to be stated for consideration of Court of Appeal where there is any doubt as to title of applicant. 13. The Registrar of Titles shall thereupon submit such titles, deed and documents to a Judge, and if such Judge shall be satisfied that the person presenting the is entitled to have a certificate of title issued to him, the Registrar of Titles shall issue such certificate of title accordingly, and shall note thereon the mortgages and incumbrances affecting the same. The title deeds and docu ments which accompanied the request shall remain in the custody of the Registrar of Titles. 14. (1) Possession for the purpose of section 12 shall be possession as owner by a person, his heirs, executors, administrators or assigns and not as an encumbrancer holding a life interest or interest for a term of years or other less estate. (2) A certificate of title issued under section 13 to an executor, administrator or trustee shall be expressed as hav ing been issued to the applicant as such executor, adminis trator or trustee. (3) The Judge shall take such evidence of possession by affidavit, or payment of taxes, or common repute, or otherwise, as shall be satisfactory to his own mind. 15. Where the Judge shall not be able, either from the title deeds and documents and records, or evidence of possession, to ascertain whether a person making applica tion for a certificate of title be the owner of the land, or whether any mortgage or incumbrance exists, or as to the priority of any mortgage or incumbrance, he shall state a case for the consideration of the Court of Appeal, embody ing in a succinct form the difficulties which have occurred, and the Court of Appeal shall give such directions for the service of such case upon any parties who may appear to be interested, or for the giving of such public notice in Antigua and Barbuda or abroad of the application for a certificate of title, or the noting thereon of any mortgage or incum brance, or the order of priority of the same, as may appear reasonable, and calling upon all interested to enter appear ance at such time as may be specified in such notice. And, on consideration of the case at the time specified, after hearing the applicant for the certificate of title and any competing parties, or the parties interested in any mortgage 16 by reques~ LAWS OF ANTIGUA AND BARBUDA Title by (CAP. 429 or incumbrance, and also after hearing the Registrar Titles, by himself or by counsel, if he shall desire to be heard, and with or without the making up of any further pleadings as the Court of Appeal may consider proper, such directions shall be given in regard to the issue of the certifi cate of title, or the noting thereon of any mortgage or incumbrance, or the order of priority of the same, as to the Court of Appeal shall seem just. 16. Any person who claims to be the proprietor of any land, or to be interested in any mortgage or incum brance, may enter a caveat in the office of the Registrar of Titles, either forbidding the issue of any certificate of title for any land to any specified person, or claiming that a note may be made upon any certificate title in regard to any mortgage or incumbrance, or in any other manner stating an interest in any land, and such caveat shall be in Form 2 in the Second Schedule and the shall be heard before the certificate of title is issued, or the mortgage or incum brance noted or rejected. 17. (1) Notwithstanding anything to the contrary Request for first certificate of title, contained in this Act, from and after the coming into opera- etc., be accom of this section every request for the issue of a first panied cate of title and, when there is no plan attached to the certificate of title, every application made under subsection (2) and under section 144 for the issue of a new certificate of title, and every transfer and every request for transmis sion of land registered under this Act and every request for the issue of a new certificate of title under the provisions of section 28 and subsection (4) shall be accompanied by three plans of the land to be described in the certificate of title, two of which shall be attached to the original and duplicate certificates of title when issued. (2) Where a certificate of title has been issued without a plan attached it shall be lawful for the Registrar of Titles at the request of the registered proprietor to issue to such reg istered proprietor a new certificate of title with plan attached. (3) Subsections (7) and (8) of section 12 as well as section 13 shall have effect, on every request made under subsections (1) and (2). Registration of nf caveator tion certifi (5), (6), mutatis mutandis, 17 Parties interested may enter caveat. Second Schedule. Fonn 2. to by plan. LAWS OF ANTIGUA AND BARBUDA 18 CAP. 429) Title by Registration (4) If it is proved to the satisfaction of the Court or a Judge that any error or discrepancy appears on a plan regis tered under this Act he may direct such inquiry as he may think fit to be made into the circumstances of the case and upon proof of such error or discrepancy order that the plan be corrected or rectified or that a new plan be made and substituted for the former: Provided that on every such inquiry four weeks notice shall be given to the owners or occupiers of lands adjacent to the portion of land comprised in the plan to be corrected or rectified and likely to be affected by such correction or rectification and provided further that when a new plan is ordered subsection (3) shall also apply to this subsection. Titles to Land Assurance Fund Titles to Land Assurance Fund. (1) Immediately before the issue of any first or subsequent certificate or title under this Act, save and except a certificate of title issued under section 7, a fee shall be paid by stamps to the Registrar of Titles of one cent in every four dollars and eighty cents on the value of the land comprised in the certificate. (2) Subject to any agreement to the contrary, the said fee shall be paid, in the case of a first certificate of title, by the applicant for the certificate, and, in the case of a subse quent certificate of title, by the party in whose favour the certificate is to be issued. (3) For the purposes of this section, the value of the land shall be, according to the circumstances, the sum stated in the request for the issue of a first certificate of title to be the value of the land, or the sum stated in the memo randum of transfer as the price of the land, or if no sum or a nominal sum has been so stated, or if the Registrar of Titles has reason to believe that the sum stated is not the true value of the land, or if the certificate of title is to be issued on transmission, such sum as may be agreed upon between the Registrar of Titles and the person liable to the payment of the fee, or, if they cannot agree, as may be summarily decided by a Judge after hearing the Registrar of Titles and the person liable to the payment of the fee, and such evi dence as they may respectively adduce. PART III 18. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 (4) All fees paid under this section and all damages recovered under subsection (2) of section 19 shall be paid into the Treasury for the public uses of Antigua and Barbuda. 19. Any person aggrieved by the issue of a Provisions where certificate of title tificate of title under this Act may institute a suit as plaintiff against the Attorney-General as defendant, claiming ages for the injury he may have sustained. Every such suit shall be governed by the provisions of the Crown Proceedings Act and if the plaintiff shall recover any dam ages, the same shall be paid out of the general revenue of Antigua and Barbuda. (2) Where any person has, by wilful misrepresentation or otherwise, obtained a certificate of title to any land to be wrongfully issued, the Registrar of Titles shall call in the same to be cancelled in any case in which the rights of a transferee or incumbrancee who has taken for value without notice, will not be prejudiced thereby: and where damages have been recovered against the General in any such suit as in this section is mentioned, the Attorney-General, on behalf of the Government of Antigua and Barbuda, shall sue the person who has obtained the cer tificate of title for the issuing of which such damages have been recovered, for damages to be paid into the general rev enue of Antigua and Barbuda: Provided that if the person so sued has not obtained the said certificate by fraud, and can show that he has not been benefited by the issue of such certificate to the whole amount of the damages recovered against the Crown, he shall not be liable to a greater amount than that by which he has been so benefited: Provided also, that no transferee or incumbrancee who has taken jide for value, without notice, subsequent to the issue of the first certificate of title, shall be liable in any action for damages. Transfer and Transmission of Land When land has been brought under the sions of this Act, the registered proprietor thereof, if he (1) bona PART IV 20. 19 cer has been wrongly dam- issued. bona fide Attorney Cap. 121. Provi- Memorandum of transfer. LAWS OF ANTIGUA AND BARBUDA 20 CAP. 429) Title desires to transfer it to another on sale or otherwise, shall execute a memorandum of transfer in Form 5 in the 5. Second Schedule, and such memorandum of transfer shall be presented to the Registrar of Titles. Issue of new certificate of title (1) The Registrar of Titles shall thereupon demand from the presenter of the memorandum, or the registered proprietor or those acting for him, or from the of previous certificate. person in whose custody the same may be, other than an equitable mortgagee, the duplicate certificate of title, which the Registrar of Titles shall file with the memorandum of transfer, and, having satisfied himself of the sufficiency and correctness of the memorandum of transfer, he shall make out in duplicate a new certificate of title of the land con tained therein, in favour of the transferee, and he shall, before delivering the new certificate of title to the new regis tered proprietor or the person entitled thereto, cancel the previous certificate of title by writing across the registered duplicate thereof the word "Cancelled" in ink different from the writing, printing or lithographing of the certificate of title itself, with a reference to the folium and volume of the new certificate of title which is to come in place thereof, and he shall number and mark the duplicate of the new certificate of title to be placed in the register, as well as that to be given to the new registered proprietor, with the proper folium and volume in which the new certificate is registered, and shall also make on both duplicates a reference to the certificate of title which has been cancelled, by the folium and volume in which it was recorded. (2) The Registrar of Titles shall also mark upon the new certificate of title the mortgages and incumbrances on the former certificate which are undischarged, and any new mortgage or incumbrance which may have to be added thereto, if any, on the occasion of the transfer. He shall also mark the day and hour, and, when such may appear to the Registrar of Titles necessary, the minute of the change from one registered proprietor to another, and that date shall be the time of presenting to the Registrar of Titles the memo randum of transfer. The duplicate certificate of title issued to the registered proprietor shall be an exact copy and, so far as practically possible, an exact facsimile of the duplicate placed on the register. Second Schedule. Fonn 21. /Jy Registration LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 1 (1) Where any person is the registered propri etor of contiguous parcels of land, it shall be lawful for the Registrar of Titles at the request of such person to issue to him one certificate of title in respect of the said parcels of land in substitution for the several certificates of title relat ing thereto. (2) Subsections (7) and (8) of section 12 as well as section 13 shall have effect, mutandis, on every request made under subsection (1). 23. (1) When a registered proprietor desires to transfer of transfer a portion of the land contained in his certificate title, it shall not be necessary to cancel the certificate of certificate of title. title, or to issue a new certificate of title for that portion of the land which is not being transferred, but the Registrar of Titles may issue to the transferee a new certificate of title in respect of the portion transferred, and note the particulars of the transfer on the margin of the certificate of title of the registered proprietor: Provided that, if the registered proprietor shall so desire, or if the Registrar of Titles shall be of opinion that the circumstances do not permit of particulars of the trans fer being clearly noted on the certificate of title, such certifi cate shall be cancelled and the same course shall be followed, as nearly as circumstances will permit, as that which has been set forth in the immediately preceding sec tions, and the registered proprietor, on the original certifi cate of title being cancelled, shall receive a new certificate of title for the portion of land not transferred, at the same time that the transferee receives his certificate of title for the portion transferred to him. (2) Where mortgages or incumbrances are noted upon the certificate of title of land so proposed to be divid ed, the Registrar of Titles shall not accept the presentation of a memorandum of transfer of such land without the con sent in writing of the mortgagees or incumbrancees, and this consent shall be filed with the memorandum of transfer. 24. Where any mortgages or incumbrances shall be noted on the certificate of title issued to a transferee, the covenant shall be implied that the transferee has accepted the land subject to such mortgages and incumbrances, and 22. (5), (6), mutatis 2 Consolidation of certificates of title. Provisions For of portion of land contained in Transferee to be liable for morte:ae:es &:c., noteJ o~n certificate of title. LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title by that he will pay the interest accruing thereon, and discharge the principal sums for which such mortgages and incum brances have been granted, and indemnify the transferor from payment of the same in all time to come. Transfer of easements or 25. Whenever any easement or any incorporeal right incorporeal in or over any land is to be added to any land contained in a rights. certificate of title, the person selling, granting, or ring such right shall execute a memorandum of transfer in Form in the Second Schedule, and the Registrar of Titles 7. shall file the same when presented, and either grant a new certificate of title to the registered proprietor, with the ease ment or other right mentioned therein added to the land, whenever required so to do, or shall note the acquisition of the easement or incorporeal right on the existing certificate of title of the land to which it is added, as well as on the certificate of title of the land to be thenceforth subject to the easement or right. Provisions for transfer of land trustees. to 26. (1) Where the registered proprietor of any land desires to transfer the same to trustees, he may register under the Registration and Records Act, any deed or docu ment constituting the trust, but he shall: of equal date therewith, present to the Registrar of Titles a transfer to the persons named as trustees, in the ordinary form of an abso lute transfer to individuals, with the words "as Trustees" added to their description, and also with the words 'With survivorship," or the words "without survivorship," accord ing as the trustees are to continue to act, or not to continue to act, on the death of one or more of their number, and the Registrar of Titles shall thereupon issue to the transfer ees a certificate of title without any reference to the trust deed, and they shall be the absolute registered proprietors of the said land, as regards the records of title, as fully and freely as any other registered proprietors: Provided that any cestuis que trust under the trust deed shall have the right to present a caveat to the Registrar of Titles to prevent any dealing with the land by the trustees in a manner inconsistent with the provisions of the trust deed. (2) Where, in the deed of trust, trustees are named with the right in the survivor or survivors to act after the death of one or more of their number, the survivor or survivors 22 Registration the . transfer Second Schedule. 7 Form LAWS OF ANTIGUA AND BARBUDA (CAP. 429 require the Registrar of Titles to issue to him or them a new certificate of title in his or their names as registered pro prietor or proprietors of the land; and when the said trustees are nominated as such without right in the survivor or sur vivors to act, the cestuis que trust, on the death of one or more of the said trustees, shall have the right to require the issue of a certificate of title to them as now the registered pro prietors of the land. In like manner, where new trustees have been assumed in virtue of powers contained in a trust deed, have been appointed by the Court, they shall have the right to require the issue to them of a fresh certificate of title. 27. Whenever the registered proprietor of any land Issue new certificate of title shall die, the land shall transmit to the personal representa tive or representatives of the deceased proprietor and the Registrar of Titles shall upon a request being presented to him accompanied by a grant of probate, or letters of admin istration, or an office copy thereof, issue to the persons named therein as executors or administrators a certificate of title to the said lands shall note on the certificate of title in the name of the deceased proprietor (the duplicate of which, in whose hands soever the same may be, shall be delivered up to him) the date of the request, the date of the death reference to the register of grants of pro bate and letters of administration as may enable the grant to be found and shall cancel the certificate of title in favour of the deceased, and the date of the title of the new registered proprietor shall be held to draw back to the of the death of the former registered proprietor, whatever may be the date of presenting the grant to the Registrar of Titles. 28. Where an order for the partition of land tered under this Act is made by the Court the Writ of Partition directed to the Provost Marshal shall be sufficient to authorize the Provost Marshal to transfer to the several parties amongst whom the land has been partitioned their respective portions, and subject to the production of the required plans by the respective parties concerned the Registrar of Titles shall at the request of the Provost Marshal issue certificates of title to the said parties for their respective portions at their expense. Title by Registration may or and a~d such date of on death of registered proprietor. regis- Partition. 23 LAWS OF ANTIGUA AND BARBUDA 24 CAP. 429) Title by Issue of new certificate of title to Administrator of Estates. Cap. 459. On issue of new certificate of title, mortgages and incumbrances to be noted thereon. Issue of new certificate of title to trustee of bankrupt registered proprietor. Cap. 41. Issue of new certificate of title to assignee, of insolvent registered proprietor. 29. When an Administrator of Estates shall be ordered under the Unrepresented Estates Act, to sell any land brought under this Act, such Administrator shall be to demand from the Registrar of Titles the issue to him of a new certificate of title in which shall be added to his description the words "as Administrator of Estates," and the same procedure shall be followed, as nearly as circum stances will permit, as is hereinbefore prescribed in the case of transmission to devisees. 30. In all cases where a new certificate of title has been issued in lieu of a certificate of title in favour of a deceased registered proprietor, the Registrar of Titles shall note on the new certificate of title issued all mortgages and incumbrances affecting the land to which it relates. Where a registered proprietor, incumbrancee, or mortgagee of any land has been adjudicated bankrupt, or where the estate of a registered proprietor, incumbrancee, or mortgagee has become the subject of liquidation by arrangement under the Bankruptcy Act for the time being in force, the land, mortgage, or incumbrance, as the case may be, shall transmit to the trustee of the estate, in the case of bankruptcy, as from the date of the order of and in the case of liquidation by arrangement as from the date of the appointment of the trustee of the estate; and the Registrar of Titles shall, upon the request of any such trustee as aforesaid, accompanied by the documents proving the facts, being presented to him, issue to the trustee a certificate of title in lieu of that in favour of the registered proprietor so adjudged bankrupt or whose estate is in liqui dation, as the case may be, and the duplicate copy of the certificate of title in the hands of such registered proprietor shall be delivered up to be cancelled, and the same procedure shall be followed in the issue of the new certificate, as far as the circumstances will permit, as is hereinbefore prescribed in the case of transmission to personal representatives. 32. Where any person has become insolvent, and shall, either under the authority of the Court or voluntarily, assign the whole of his property to any assignee, administra tor, or trustee on behalf of his creditors, any land of which he may be the registered proprietor shall transmit to the Registration entitled all 31. adjudication, &:c., LAWS OF ANTIGUA AND BARBUDA Title Registration 429 25 said assignee, administrator, or trustee; and such administrator, or trustee shall request a certificate of title to be issued in his name; and the Registrar of Titles, upon such request being presented to him with the deed or instrument of assignment, or such office copy thereof as he may consider sufficient, shall issue a new certificate of title to such assignee, administrator, or trustee in the manner hereinbe fore provided as nearly as circumstances will permit. Whenever any mortgage or incumbrance shall mortgage or transmit in any of the manners set forth, the person in whose favour the same shall have transmitted, or in the case of the death of any mortgagee or incumbrancee, the personal representatives of such mortgagee or brancee shall be entitled to present to the Registrar of Titles a request accompanied by deed, document or writing, or a grant of probate, or letters of administration, or of an office copy thereof, upon which such request is founded, to alter noting or marking of any or incum brance upon any certificate of title from the name of the previous mortgagee or incumbrancee to the name of such person as being then entitled to the mortgage or incum brance; and the Registrar of Titles shall, in dealing with such request, proceed as far as circumstances will permit, in the manner already herein provided in regard to transmis sions of land, and shall makk such noting marking upon the certificate of the title of such land (the duplicate of which in the hands of the registered proprietor, or any other person, he shall be entitled to call in and demand for the purpose of this section) as shall set forth the parties truly entitled to such mortgage or incumbrance, and shall cancel any former noting, and shall either re-issue the same certificate of title to the party entitled thereto, or a new certificate of title as shall appear to the Registrar of Titles desirable and proper. 34. Where any person has acquired, or claims to have acauired, under the Real Limitation the where land has of land brought under of this Act, he shall present a request to the Registrar of Titles to have a certificate of title issued to him in lieu of the registered pro prietor in the original certificate of title, and the person who has acquired, or claims to have acquired, such owner ship shall not be entitled to maintain any suit in regard to 33. above the the mortgage or 1 ownership Prooertv the o'peration (CAP. assignee. incum Act Transmission of incumbrance on death, bankruptcy, &c., of mortgagee or incwnbrancee. Issue of new certificate of title been acquired by prescription. Cap.367. LAWS OF ANTIGUA AND BARBUDA 26 CAP. 429) Title by Registration such land until he shall have obtained a certificate of title thereto. When a request for such a certificate of title is pre sented to the Registrar of Titles, he shall state a case to the Court, and shall not issue a certificate of title on such until he has received the direction of the Court thereupon. Land Tax, Mortgages and and the Sale of Incumbered Land LAND TAX Land tax. 35. (1) Land tax now imposed, or hereafter to be imposed, by an Act shall be a first charge on the land on which the said tax is made payable by the said Act where such land is now held under, or is hereafter brought under, this Act. (2) Such charge shall rank before all mortgages, incumbrances and interest already created and constituted, or hereafter to be created and constituted, by and under this Act and the Government may take all such proceedings under this Act for the recovery of land tax now due and unpaid, or hereafter becoming due and unpaid, by sale or otherwise of the land or estate on which the said tax is so made payable, as a mortgagee or incumbrancee may now take under this Act when a mortgagor or incumbrancer has failed to perform the conditions of a mortgage or incum brance, or as when a mortgagee or incumbrancee may law fully demand the repayment of the sum lent on mortgage, or the amount or provision secured by an incumbrance. (3) The Registrar of Titles shall make the following noting as a first noting, on all certificates of title issued by him on or after the date of coming into operation of the Ord. No. Property Tax Ordinance, 1962 "Charge in favour of the Government for Land Tax and Property Rate now due or hereafter to become due." (4) Every certificate of title issued by the Registrar of Titles before the date of coming into operation of the Property Tax Ordinance, 1962 shall be deemed and taken request 16/1962. PARTY Incumbrances; LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 27 to be noted with the noting set out in the last preceding subsection. MORTGAGES 36. A mortgage may be created and constituted over by any land by the noting of the same by the Registrar of Titles on the duplicate certificate of title, both that in the Registry and that in the hands of the Registered proprietor. 37. The warrant to authorize the Registrar of Titles to make any such note upon the certificate of title shall be a presented memorandum of mortgage in Form 8 in the Second Schedule, which shall be presented to the Registrar of Titles by the mortgagor or mortgagee, or by those authorized to act on their behalf. The duplicate certificate of title issued to the registered proprietor, or where the mortgage extends over lands contained in more than one certificate of title, then all the duplicates, must at the same time be handed to the Registrar of Titles to be noted. 38. The date of the mortgage shall be the date of presenting the memorandum of mortgage to the Registrar of Titles. 39. When a memorandum of mortgage has been presented, the Registrar of Titles shall proceed forthwith to be noted on note the chief facts set forth therein upon the duplicate cer tificates of title, according to the form of noting of mort gages upon the form of the certificate of title, Form 4 in the Second Schedule. 40. The Registrar of Titles shall file the memorandum Registrar to file memorandum of of mortgage presented to him, marking thereon a reference to the certificate of title, and upon the certificate of title a reference to the file where the memorandum of mortgage is preserved. 41. So soon as the Registrar of Titles has noted the mortgage upon the certificate of title, the land contained such certificate shall be held in pledge by the mortgagee, from the date of the mortgage, for the repayment to him of the principal sum actually advanced and the interest set forth therein. in Mort~age to be constituted · noting on certificate of title. Memorandum of mortgage to be to Registrar. Second Schedule. Form 8. Date of mortgage. Particulars of mortgage to certificate of title. Second Schedule. Form 4. mortgage. On noting of mortgage, land to be held in pledge by mortgagee. LAWS OF ANTIGUA AND BARBUDA Subsequent mortgages may be created; in case of sale, mortgages to be paid in order of date. Mortgages and incumbrances to rank by date. Mortgage to be for specific sum actually advanced. On non-payment mortgagee may take steps for sale of land. Mortgage to extend over land, works, growing crops, CAP. 429) Title by 42. A second mortgage or any number of mortgages may be created and constituted in a similar manner, but in the event of the land being sold, as hereinafter provided, for non-payment of any principal sum or interest thereon, the mortgage first in order of date shall be first paid out of the price obtained for the land, or if the sum be not sufficient to pay off the mortgage and interest due thereon, then the price so obtained shall be paid to the first mortgagee in reduction of the sum due to him under his mortgage. 43. Every other mortgage, where there are no incum brances, shall be paid out of the price in like manner, in the order of its date, should the price be sufficient, and whoever may be the mortgagee or other creditor prosecuting the sale of the land. In the event of incumbrances as well as mort gages being noted on the certificate of title, the prior incum brance shall be paid before the subsequent mortgage, and the prior mortgage before any subsequent incumbrance. 44. A mortgage cannot be created or constituted for any undetermined sum, but only for the sum expressly stated in the instrument, and actually advanced. 45. The specific sum lent upon the pledge of the land shall be payable at any date which may be fixed in the memorandum of mortgage, and, if not repaid at that date, the mortgagee may, at any time thereafter, take steps for the sale of the land in manner hereinafter provided. 46. The mortgage shall be held to extend over the land contained in the certificate of title upon which it is noted, or any part of such land described in the memoran dum of mortgage, and all rents thereof, and upon all fix tures on such land, and upon labourers' houses, mills, buildings, stables, cattle sheds, outhouses, and all erections used for estate purposes, whether fixtures or not, and upon all trees and shrubs, whether bearing fruit valuable in com merce or not, and upon all growing crops on the land to the mortgagor, and all agricultural instru ments, and appliances of sugar or other mills, and all stock belonging to the mortgagor, whether used for work and draught purposes, or grazing on the land, and over all con tracts for labour to be performed on the land in favour of the mortgagor. 28 Registration &c. belonging LAWS OF ANTIGUA AND by 429 29 47. The mortgagor shall have the free use, enjoy w e nnd enjoyment ment and management of all the property pledged, and shall be his duty to care for the same, and keep all in work manlike order and good condition, and, for this purpose, to deal with all personal chattels accessory to the land, and to sell and replace stock as a good husbandman, but not to deteriorate the condition of the land, and to use his utmost skill in the profitable cultivation of the soil; and he shall have the right to raise temporary advances for crop purpos es by pledging the crop, when cut or plucked for sale or manufacture, in the manner hereinafter provided. 48. The mortgagee cannot as of right, on non-pay ment of principal or interest, and with or without notice, enter into the possession of the land with the view of work ing the same until the mortgage be paid off, but by consent of all parties interested the mortgagee can so enter subject to an accounting for the rents and profits of the land, as of land belonging, not to the mortgagee, but to the registered proprietor thereof. 49. The mortgagee shall not be entitled to the dupli cate certificate of title as of right pertaining to him as mort gagee, but he shall be entitled to demand from the Registrar of Titles, at the cost of the mortgagor, a certified copy of the memorandum of mortgage, with a copy of the noting of the mortgage upon the certificate of title attached thereto. The duplicate certificate of title shall remain with the registered proprietor. INCUMBRANCES 50. An incumbrance shall be created and constituted over and upon any land, in the same manner as a mortgage, by the noting thereof by the Registrar of Titles upon the cer tificate of title. 51. The warrant to authorize the Registrar of Titles so to note any certificate of title shall be a memorandum of incumbrance, which shall be in one of the Forms numbered 9 in the Second Schedule. 52. Incumbrances shall take rank in the order of their dates, and the date of presenting the memorandum of incumbrance to the Registrar of Titles shall be the date of Title BARBUDA Registration (CAP. Mortgagor to have i l of property. Mortgagee not to enter into possession of land without consent of parties interested. Registered proprietor to retain certificate of title. lncumbrance to be created by noting on certificate of title. Memorandum of incumbrance. Second Schedule Form 9. lncumbrances to rank by date. LAWS OF ANTIGUA AND BARBUDA 30 CAP. 429) Title Registration the incumbrance, and shall be entered in the note thereof by the Registrar of Titles upon the certificate of title; and where they are both mortgages and incumbrances upon the same land, prior incumbrance shall take precedence of a subse quent mortgage, and the mortgage of a subsequent incumbrance. Clearing of incumbrances on 53. When land is seized and sold for non-payment of seizure any mortgage or incumbrance, any incumbrance, if of the land. nature of a tenancy for life or years, and if it be prior in date to the mortgage or incumbrance in regard to which the sale is prosecuted, may be cleared from the title with the consent of the incumbrancee, and if of later date, without such consent, and, in order to its being so cleared, shall be valued at its then present value, and shall be paid off in its order out of the proceeds of the sale, if the price be sufficient for the purpose, unless the purchaser and the incumbrancee shall agree that the incumbrance shall remain a burden upon the land. Valuation 54. In order to ascertain the then present value of incumbrances. any incumbrance, the Court shall give such directions and orders for the employment of skilled persons, either in or out of Antigua and Barbuda, to value the same as it may deem requisite and necessary. Extent 55. An incumbrance which is not specially limited to incumbrance. a payment out of revenue, or other special form of incum brance, of a like nature, shall extend over the land con tained in the certificate of title upon which it is noted, and upon all fixtures, houses, outhouses, growing crops, stock and other property over which a mortgage extends. Leases for three years to be 56. For the purposes of this Act, and in order that all the rights granted, which to any important extent affect the land, may appear upon the certificate of title, a lease for three years and upwards shall be deemed an incumbrance, and shall be constituted by a noting on the certificate of title in the same manner as an incumbrance. Memorandum of lease. The warrant to authorize the Registrar of Titles to make such a noting of a lease shall be a memorandum of lease in Form 10 in the Second Schedule. the , piior and sale of of of incum brances. 57. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 3 1 58. No lessee shall be deemed an incumbrancee for incumbrancee to the purpose of suing forth or prosecuting any sale the land, in the manner provided in this Act for incumbrancees to lessee. other than lessees, for any breach of the conditions of his lease, but he shall be left to his ordinary legal remedies. EQUITABLE MORTGAGES 59. An equitable mortgage may be constituted by deposit of the certificate of title, and when a duplicate cer tificate of title is so deposited to cover any liability incurred by the registered proprietor, the Registrar of Titles shall not require the holder thereof to deliver up the same for the purpose of noting thereon any mortgage or incumbrance subsequent to the said deposit, or for the purposes of any transfer. If the land shall transmit by the death of the regis tered proprietor while the equitable mortgage subsists, any new certificate of title which may be issued consequent thereupon shall be deposited with the equitable mortgagee in lieu of the certificate of title held by him. 60. An equitable mortgage shall be constituted and created over the land contained in the certificate of title deposited, and over all fixtures, houses, outhouses, growing crops, stock, and other property over which the mortgage extends. extends; and shall rank in its order according to the date of presenting a caveat, as hereinafter provided, to the Registrar of Titles to prohibit dealings with the land while the equitable mortgage shall exist. 61. An equitable mortgage may be constituted by the deposit of the certificate of title, either for the repayment of definite sum, a definite sum then advanced, if placed to the account of the borrower, or to cover advances to be made, or for the purpose of covering advances made or to be made, or liability for sums due. 62. The equitable mortgagee, if he desires to prevent Equitable mortgagee may by any other creditor obtaining a preference over such effects prevent comprised in his equitable mortgage as may be secured by bill of sale or otherwise, shall forthwith present a caveat, in manner hereinafter provided, to prevent any dealing with the land and the things accessory thereto, as already set forth, over which his equitable mortgage extends; but he of Power of prosecute sale of land not to extend Equitable mortgage constituted by deposit of certificate of title. Equitable mortgage to extend over all property over which a mortgage Equitable mortgage may be for a or to cover advances. caveat dealing with land. LAWS OF ANTIGUA AND BARBUDA Conversion of an equitable mortgage into a mortgage. Memorandum of transfer to be presented to Registrar. Second Schedule Form Transfer to be noted in same way as mortgage or incumbrance. Date of transfer. CAP. 429) Title by Registration may refrain from presenting such caveat, and in that case, his right as regards the registered proprietor shall not be adversely affected thereby, but he will not have any over a more diligent creditor whose may be meantime completed. 63. An equitable mortgage may be converted into a mortgage, with all the powers and privileges of a mortgagee against the registered proprietor by way of sale of the land and otherwise, by the equitable mortgagee obtaining the judgment of the Court fixing the amount due to him by the registered proprietor, or obtaining from the debtor a writ ing accepting a specific sum therein stated as being due by him to the creditor under the equitable mortgage. Whereupon the equitable mortgagee may present the judg ment or the writing to the Registrar of Titles, and request him to note upon the certificate of title a mortgage in his favour for the amount of the judgment or accepted balance due, the date to draw back to the date of the caveat, which shall be removed and the noting of the mortgage put on the certificate of title in place thereof. The judgment or writing shall be filed as the authority to the Registrar of Titles for so acting. Where no caveat has been entered, the date of the mortgage shall be the date of presenting the judgment or writing of the Registrar of Titles. TRANSFER AND DISCHARGE OF MORTGAGES AND INCUMBRANCES. 64. A mortgage or incumbrance may be transferred from the mortgagee or incumbrancee to any other person, who shall then become the mortgagee or incumbrancee, by the presentation of a memorandum of transfer to the of Titles in Form 11 in the Second Schedule, and the noting by him of the fact of the transfer upon the certifi cate of title. 65. When such memorandum of transfer has been presented to the Registrar of Titles, he shall proceed in regard to the noting of the transfer, and the filing of the memorandum of transfer, in a similar manner to that pro vided for the noting of a mortgage or incumbrance. 66. The date of the presentation shall be the date of the transfer, and immediately thereafter the transferee shall 32 prefer ence security 11. Registrar LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 33 enter into the whole rights of the transferor under the mort gage or incumbrance. The transferee may demand from the Registrar of Titles a certified copy of the memorandum of transfer, together with a certified copy of the noting thereof upon the certificate of title, with such reference thereon to the volume and folium of the register where the certificate of title is registered as to permit of easy reference thereto. 67. When a mortgage or incumbrance has been paid off and discharged, or has been partially paid off or dis charged, the mortgagee or incumbrancee shall sign such an instrument as Form 12 in the Second Schedule as may rectly set forth the facts, and, when the same is presented to the Registrar of Titles, he shall alter or cancel the noting of the mortgage or incumbrance, or make such fresh noting upon the certificate of title as shall correctly set forth the actual position and the amount of the mortgage or incum brance, as the case may be, and he shall file the instrument, in manner already provided , as his warrant for making such alteration or cancellation. 68. A lease for three years and upwards may be trans- Transfer lease. Second Schedule ferred by the execution of a memorandum of transfer in 13. Form 13 in the Second Schedule, and the noting thereof by the Registrar of Titles on the certificate of title. 69. The date of the transfer shall be the date of the presentation of the instrument, and the duties of the Registrar of Titles, in regard to the instrument presented, shall, in all respects, be similar to those provided for in the case of the transfer of a mortgage or incumbrance. 70. When a lease has come to an end by effluxion of Termination lease to be noted time, or has been determined by consent or by the judge ment of the Court, the registered proprietor may present a request to the Registrar of Titles to make such noting on the certificate of title as shall indicate the fact that the lease has ceased to exist, or to cancel the noting of the lease in such manner as the Registrar of Titles may deem shall best set forth the actual state of the facts in regard thereto. SALE OF INCUMBERED LANDS OR ESTATES When a mortgagor or incumbrancer has failed to the conditions of the mortgage or incumbrance, or cor On payment or part payment, of mortgage or incumbrance, noting on certificate of title to be altered accordingly. Second Schedule Form l2. of Form Proceedings for transfer of lease. of on certificate of title. Notice to pay off. LAWS OF ANTIGUA AND BARBUDA Second Schedule Form 14. Seizure of land on non-payment after notice. Act of seizure to be sewed on registered proprietor. Second Schedule Form 15. Caveat of seizure to be presented to Registrar. Second Schedule Form 16. by when the mortgagee or incumbrancee may lawfully demand the repayment of the sum lent on mortgage, or the amount or provision secured by the incumbrance, the mortgagee or incumbrancee shall serve, or cause to be served, upon the registered proprietor a formal notice to pay off in Form 14 in the Second Schedule requiring him to perform the acts therein required within sixty days from the date of service. Where the registered proprietor is resident abroad and there is no one in Antigua and Barbuda holding his power of attorney, he shall be served in the manner in which a defen dant out of the jurisdiction of the High Court may be served. 72. If the registered proprietor shall not, within the time specified, pay off the mortgage or incumbrance, or do the acts required of him in the notice to pay off, the mort gagee or incumbrancee may seize the land contained in the certificate of title on which the mortgage or incumbrance is noted, with the things accessory thereto as set forth and enumerated in this Act as falling within the mortgage or incumbrance. The seizure shall be completed as regards the registered proprietor by the bailiff appearing on the premises with orders to seize, but, in evidence of his act, he shall place in the hands of the registered proprietor, or leave at his dwelling place, or, if resident abroad, in the hands of his attorney acting under his power of attorney, or, if he has no such attorney, then the mortgagee or in the manner in which a defendant out of the jurisdiction of the High Court may be served, shall serve the registered propri etor with an act of seizure, in Form 15 in the Second Schedule in which shall be set forth, not only the land seized, but an inventory of the things accessory to the land over which the mortgage or incumbrance extends; but where the registered proprietor resides abroad, it shall not be necessary to delay proceedings because of such service. The mortgagee or incumbrancee shall also forth with present to the Registrar of Titles a caveat of seizure, in Form 16 in the Second Schedule which the Registrar of Titles shall note upon the certificate of title in the same manner as is provided for other caveats, to prohibit all deal ings with the land seized until the caveat be removed or withdrawn. 34 CAP. 429) Titl,e Regi,5tration 73. incumbrancee, 74. LAWS OF ANTIGUA AND BARBUDA by (CAP. 429 35 If the debt shall not be paid off or discharged, of within 30 the acts required in the notice to pay off shall not be per formed, and no new arrangements shall be made within be settled by a thirty days from the date of seizure, the mortgagee or incumbrancee shall lodge in the Registry of the High Court articles of sale, in Form 17 in the Second Schedule of the 17. said land, and the things accessory to the said land over which the mortgage or incumbrance extends, either in one lot or in more lots, as may be thought most likely to bring the highest price, and shall, by summons, call upon the reg istered proprietor, and all other mortgagees and brancees, to appear before the Court on a day to be specified in the summons, being not less than three and not more than ten days after the date of the summons, to settle the said articles of sale, to estimate an upset price, to fix the day of sale and to adjust the announcements of sale, and the mode of publication thereof. 76. On the day appointed the Court shall settle the Court appoint and advertise date articles of sale, fix the upset upon such information valuation as may be considered necessary and sufficient, and appoint the day of sale, adjust the announcements, and determine the mode of publication thereof, according to the nature and value of the property. For lands not exceed ing four hundred and eighty dollars in value (to be judged by the Court from any indications or informal evidence of value which the proceedings may disclose, or which may be communicated to the Court) it shall not be necessary to publicly announce the sale beyond Antigua and Barbuda, but for land of greater value, the Court will determine whether the announcements should be published beyond Antigua and Barbuda, or in the home journals. The day of sale shall be determined by the length of time necessary to publish the announcement in such a manner as shall bring the highest price. 77. In settling the articles of sale, the Court shall cause to be inserted therein, and in the announcements, provisions which shall reserve the rights of all persons hold ing estates for life or lesser estates which entitle such brancees to the possession and enjoyment of the property, if their incumbrances shall be entitled to priority over the mortgagee or incumbrancee prosecuting the sale, unless Titu: Registration 75. price or On non-payment debt incum days after seizure, articles of sale to Judge. Second Schedule Form to or and conditions of sale. incum Rights of incumbrancees to be preserved. LAWS OF ANTIGUA AND 36 CAP. 429) Title Registration the consent of such prior incumbrancees shall have been obtained to an sale; in which case the rights of the incumbrancee shall be valued and dealt with in the manner set forth in sections 53 and 54. Sale to be by Registrar of High 78. lands so appointed to be sold shall be sold at the Registry of the High Court, or, if rendered necessary by the number of bidders, in the Court House itself, and the Registrar of the High Court shall preside at the sale, and shall take for the lands; each bid being written down and signed by the bidder, and the highest bidder shall be accepted as purchaser. When a higher bid has been made and accepted, the lower bids shall cease to be bind ing, even if the higher bidder fails to carry out the purchase. Payment price. deposit shall be forthwith paid by the pur chaser as the Court shall have fixed in settling the articles of sale, being not less than one-fourth of the whole, and the balance of the price shall be paid as may be arranged between the Registrar of the High Court and the purchaser, but in no case a longer delay than three months be granted for the purpose. On non-payment of price, new sale to take place. 80. Should the price not be paid, the land shall, if need be, be anew exposed to sale at the cost of the accepted purchaser, to be out of the money deposited. If a high er bid than formerly be received, the deposit, less the costs of the second sale, shall be returned to the first purchaser, but should a sum be offered, the difference shall, in addition to the costs, be retained out of the deposit before any balance be returned to the first purchaser, and in like manner with sales. Scheme soon as the price has been completely paid, division. the Registrar of the High Court shall draw up a scheme of division of the price, as in Form 18 in the Second Schedule Form 18. and the mortgagee or incumbrancee who is prosecuting the sale shall, in like manner as was done for the settling of the articles of sale, call the mortgagees and incumbrancees and all parties interested before the Court, and the Court shall settle the scheme of division and direct the Registrar of the High Court to pay the amounts to the respective persons preferred, upon receipt given by them, or those acting for them, opposite to their names in the scheme of division. of of Second Schedule. unreserved All biddings the 79. Such a shall paid less successive 81. So BARBUDA LAWS OF ANTIGUA AND BARBUDA Title by (CAP. 429 82. The Court shall, at any time after payment of of title price, and not later than the settling of the scheme of divi order and direct the Registrar of Titles to issue the incum brances accepted purchaser a certificate of title to the land sold, free from any noting of the mortgages and incumbrances and caveat of seizure on the former certificate of title, except those incumbrances which have been reserved under sec tion (the date of the new certificate of title to draw back to the day on which the offer was accepted), and to cancel the former certificate of title (the duplicate of which shall be delivered up to the Registrar of Titles by the former reg istered proprietor); and the land contained therein shall, thereafter, be held fully and completely freed and purged from the former mortgages and incumbrances, except those reserved as already provided for. 83. The registered proprietor, or his attorney or manager on the spot, shall, as a general rule, be named the bailiff to take charge of the property seized, and, during the necessary delay and until the land be sold, shall carry on the cultivation of the land, and the preparing and reaping appointed. of the crops, as before the seizure, but where, from the necessity of obtaining advances for the pay of labourers or otherwise, and the stoppage of his credit, the registered proprietor shall not be in a position to do so, then the mort gagee or incumbrancee who has made the seizure shall apply to the Court to appoint a receiver to manage and carry on the land or estate until a sale be effected, or the seizure paid off. 84. The registered proprietor may, at any time up to up to noon twelve of the of the day preceding the day of sale, pay off the seizure, by depositing in Court the amount of the sum due under the mortgage or incumbrance, and the costs. 85. Should the creditor, after the sixty days provided in the notice to off have run out, not proceed to seizure limited. within twenty-one days, he shall serve a new notice to pay off, and the procedure shall have the same course as before. 86. If there be more than one seizure, the mortgagee or incumbrancee who shall first present the caveat of sate. seizure to the Registrar of Titles shall have the carriage of the sale, unless the Court shall otherwise order. Registration sion, to 77 clock pay 37 the Issue of new cer­ tificate by after sale with reserved noted thereon. Registered proprietor may remain in charge of property between seizure and sale, hut receiver may be Debt may bi; r!lid o day preceding day of sale. If no seizure made within the lime Seizing creditor to have carriage of LAWS OF ANTIGUA AND BARBUDA 38 CAP. 429) Title by Effect of seizure on leases and 87. Any lease for less than three years of any portion rents. of the land seized made after the seizure shall be facto null, and no lease for three years or upwards can be regis tered in face of the caveat of seizure. All rents due for any portion of the land seized shall be paid, after seizure, into the Registry of the High Court. Payment of solicitor having 88. The solicitor having the carriage of the sale shall sale. be remunerated, over and above the sums of money actually paid out of pocket, by a percentage upon the sale price in full payment of costs against the registered proprietor or the mortgagee or incumbrancee of the land and estate in any manner or way, from the date of the notice to pay off until the completion of the scheme of division and the issuing of the certificate of title in favour of the purchaser. Percentage 89. The percentage payable to the solicitor having payable to solicitor. the carriage of the sale shall be according to the ate amount set forth in the Fifth Schedule. Taxation and pay ment of costs. 90. The total costs, including both the sums actually paid out of pocket and the percentage on the sale price, shall be taxed by the Registrar of the High Court and pub licly notified at the time of adjusting the scheme of division, and the amount shall form the first item in such scheme in the name of the solicitor having the carriage of the sale, after the sums, if any, due to the receiver. Adjournment of Should no bidders appear on the day of sale, or sale. no bidders to offer the upset price, or on other strong grounds of necessity or expediency, the Registrar of the High Court may, of his own motion, adjourn the sale either to a day to be fixed or sine die, and he may also so adjourn the sale either at the instance of the registered proprietor, or the mortgagee or incumbrancee prosecuting the sale, or any other mortgagee or incumbrancee, if the reasons set forth by them for the adjournment appear to be serious and well founded in the interest of all parties. adjourned sale. 92. When the sale has been so postponed, another day shall be fixed by the Court, either at the request of the Registrar of the High Court, or on the motion of the mort gagee or incurnbrancee prosecuting the sale, or of the Registration ipso carriage of proportion Fifth Schedule. 91. Announcement of regis LAWS OF ANTIGUA AND BARBUDA by (CAP. 429 39 tered proprietor, and with or without any alteration of the upset price, or of the announcements of sale, as may be con sidered best adapted to ensure a sale of the land and estate, and on such publication of the announcement of the adjourned sale as the Court may order. 93. The mortgagee or incumbrancee prosecuting the sale may bid, and all other mortgagees and brancees; but the following persons are incapacitated from bidding or purchasing either in their own persons or by means of a third party; viz., any Judge of the High Court, any Registrar of the High Court or any of his clerks, the solicitor having charge of the sale, and any person notori ously in insolvent circumstances. Any bidding or purchase made by, or on behalf of, any of the above persons, shall be absolutely null and void. 94. Any question arising in the course of a sale of course of sale land or estate, from the time of serving the notice to pay off till the completion of the scheme of division and of the price, either between the registered proprietor and the mortgagee or incumbrancee prosecuting the sale, or between either of the said parties and any receiver appointed by the Court, or between any other mortgagees and incumbrancees themselves, or between any other credi tor and any of the parties named, or any one pretending right to any of the property seized, shall be heard and deter mined by the Court in such manner as the Court may direct. CROP ADVANCE WARRANTS 95. The security of the mortgagee and brancee over the land, stock, growing crop, and other things accessory to the land, hereinbefore enumerated, not be held to extend over the crop when cut or plucked, but the mortgagor or incumbrancer shall deal therewith as a good husbandman to sell the crop to the best advantage, and shall, from the first and readiest of the moneys realized therefor. for the of the interest due, or to become due, on the mortgages and incumbrances for the year, and for payments constituting incumbrances. 96. The registered proprietor shall be at liberty to deal with the sugar, cocoa, coffee or other crop in order that Title Registration tion shall provide payment Mortgagee, &c., may bid at sale. 1ncum distribu 1ncum Questions arising in .. · to be settled by the Court. Security of mort­ gagee, &c., not to extend over crop when reaped. Crop maybe pledged for repay­ ment of advances. LAWS OF ANTIGUA AND BARBUDA CAP. 429) by On sale of land by mortgagee, crop advance warrant to have preference. Effect of crop advance warrant. Second Schedule Holder of crop advance warrant may take possession of crop. it may be a pledge for the repayment of advances made for the purpose of providing the labour and supplies essential to the production of the crop: Provided that up to the period of the crop ceasing to be a growing crop, the right of the mortgagee or brancee, under his pledge of the land and estate, to seize and sell the land with the growing crop belonging to the registered proprietor, is preferable to all others. 97. Where the land of the registered proprietor has been seized and sold by any mortgagee or incumbrancee, after the advance of the whole or a portion of the sum in a crop advance warrant, as provided for in the next succeed ing section, for the crop then 'on the ground, the holder of the crop advance warrant shall be repaid out of the sale price preferably to any creditor other than the receiver and the solicitor having the carriage of the sale shall be ranked in the scheme of division accordingly. 98. The registered proprietor may grant a crop advance warrant in Form 19 in the Second Schedule, and the meaning and effect of such document shall be that, so soon as the sugar cane is cut, or the coffee, cocoa or fruit plucked from the tree, or the other crops have been taken from the plants or ground, so as to have ceased to be growing crops, they shall be a pledge for the repayment of the amount set forth in the crop advance warrant; and the buildings or places where the sugar is drained and stored, or the coffee or cocoa or other crop is prepared for market or stored, whether such buildings or places be on the land and estate, or in town or elsewhere, shall be held to be the joint warehouse or store of the registered proprietor and the holder of the crop advance warrant, and the registered proprietor shall hold the same for himself and the holder of the crop advance warrant. 99. The holder of the crop advance warrant may take possession of the crop at any time after it becomes subject to his right, or he may place a person to represent his interest in joint charge with the registered proprietor, but where the holder of the crop advance warrant does not take possession of the crop, it shall, for the purposes of sale and turning into money, be at the disposal of the registered proprietor, who shall account for the same to the holder of the crop advance warrant, and repay the crop advance. 40 Titl,e Registration incum Form 19. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 4 1 When the holder of the crop advance warrant advance warrant shall take possession of the crop, he shall in like manner account for the proceeds of the same to the registered pro prietor, and repay to him any balance after paying the sums due under the crop advance warrant. If the grantor of a crop advance warrant shall deal with the sugar or other crops, and shall, with intent to defraud, appropriate the proceeds solely to his own use, without paying the holder of the crop advance warrant, he shall be deemed guilty of larceny, and shall be subject to trial and punishment accordingly. 102. When the crop over which the crop advance war rant extends has been sold or disposed of, an account shall be made up between the holder thereof and the registered pro prietor, and the balance, if any, retained by or paid over to the latter; but if there shall be a balance owing to the holder of the crop advance warrant, it shall be a debt due by the reg istered proprietor personally, and, subject to the provisions of Part shall not be a charge upon the land or estate: Provided that it shall always be lawful for the registered proprietor to grant a mortgage for the said balance, which shall take its in the order of its date, or to guarantee payment of the said balance by the deposit of the certificate of title by way of equitable mortgage protected by caveat. 103. Crop advance warrants may be transferred by Crop advance war rants transferable, special or blank endorsements in the same manner as bills may be of exchange, and may be granted by lessees in the same manner as if they were registered proprietors of the land leased. 104. Crop advance warrants shall be registered, with- Registration crop advance in thirty days of their date, in the register of bills of sale, and shall take precedence and priority according to their date of registration, both among themselves and in relation to bills of sale which may be registered in the same register. 105. (1) Whenever any sum secured by a crop advance warrant is due and owing to the holder thereof, or payments due whenever any sum of money promised to be advanced is due to the grantor of a crop advance warrant, it shall not be 100. 101. VI, place Holder of crop to account to proprietor. Proprietor appro­ priating proceeds of crop without paying crop advance. If crop insufficient to repay advance, balance to be a personal debt of proprietor. and granted by lessees. of warrants. Proceedings for enforcing under crop advance warrant. LAWS OF ANTIGUA AND BARBUDA 42 CAP. 429) Title by Registration necessary for such holder or grantor to sue upon such crop advance-warrant, but, if such holder or shall three clear days notice to the person from whom he seeks to recover the said sum of his intention to apply to the Registrar of the Court to issue execution for the recoverv of the " sum so due or withheld, and calling upon him, if he has any reason to give why execution should not issue, to send notice thereof to the Registrar of the High Court with an affidavit the facts on which he relies, and giving him notice that, if he fails to do so within three days, execution will issue, the said holder or grantor may apply in writing, Form 20 in Form 20. the Second Schedule, to the Registrar of the High Court to issue execution for the sum so due and owing as aforesaid, and the Repistrar of the Court shall, on of such application, together with an affidavit of service of the notice aforesaid him that all the requirements of this Second Schedule 21. have been complied with, issue execution, in Form 21 in the Second Schedule, for such sum as is hereinafter provided. (2) If the said Registrar has received no notice of any reason why he should not issue execution, or if, in his opin ion, no good reason is shown why such execution should not issue, he shall issue execution for the whole amount. If it shall appear to the said Registrar that the reasons advanced why execution should not issue apply only to a part of the amount named in the application, he shall issue execution for such part of the said amount as the reasons advanced do not apply to: Provided that the said Registrar shall not issue execu tion for any part of the amount named in the application as to which, his opinion, good reason is shown that execu tion shall not issue; but, for the recovery of any such sum, the person making the application shall bring his action in the ordinary way. (3) No such notice as in this section is mentioned shall, except by leave of the Court, be served on any person who is not within Antigua and Barbuda; which leave may be granted by the Court, subject to such conditions, and with such directions as to time and manner of procedure as to the Court shall seem fit. (4) On execution being issued by the said Registrar, the same steps may be followed in all respects as if execution grantor give Hiirh verifying Second Schedule Ill High receipt satisfying sec Form tion Ill LAWS OF ANTIGUA AND BARBUDA Title by (CAP. 429 had issued after judgment in the High Court in favour of the holder of the warrant, or of the grantor. Judgments 106. (1) Where any registered proprietor, mort satisfaction of gagee or incumbrancee, or the estate or right of any tered proprietor, mortgagee or incumbrancee in or over any land brought under this Act, is liable to the payment of a judgment debt, the Court may, at any time after the date of the judgment, on the application of the judgment credi tor, make an order for the sale of the estate or right of such registered proprietor, mortgagee or incumbrancee in or over the said land: Provided that, if it is proved to the satisfaction of the Court that the estate or right in question is of the value of two thousand four hundred dollars or upwards, or where the application is for the sale of the estate or right of a regis tered proprietor, that, of the land in question, forty acres or more are under cultivation, no order of sale shall be made hereunder, except with the consent of such registered pro prietor, mortgagee or incumbrancee, until the expiration of six months after the date of the application: Provided further, that, on any such application, the Court instead of making an order of sale may order the amount due to be levied by the appointment of a receiver, or otherwise as it shall think fit. (2) In this section "judgment" means judgment entered in the High Court: Provided that any other judgment to which the provisions of section 8 of the Judgments Act apply, and in respect of which the provisions of the said section have been complied with, shall also be deemed a judgment within the meaning of this section: and "judgment creditor" means any person to whom any money, including money due for costs, is for the time being payable under any such judgment. Registration PARTVl 43 Order of sale in regis- judgment debt. Cap. 227. LAWS OF ANTIGUA AND BARBUDA 44 CAP. 429) Sale in satisfaction of judgment debt. Transfer on sale in satisfaction of debt. Second Schedule Form 22. Judgments, how made a charge. 107. When an order of sale is made under the last preceding section, the estate or right thereby ordered to be sold shall be sold accordingly at public auction, at such time and place, in such manner, upon such conditions, and after such advertisement as the Court, by the same or any subse quent order, may direct, and the proceeds of the sale shall be paid into Court, and shall be applied in satisfaction of the judgment debt and the subsequent costs and expenses. 108. Whenever any estate or right is sold under the last preceding section, the Registrar of the High Court shall execute a transfer thereof to the purchaser in Form 22 in the Second Schedule, or in such other form as the Court may direct; and the Registrar of Titles, upon such transfer being presented to him, by or on behalf of the purchaser, shall, in the same manner as if the transfer had been executed by the registered proprietor, mortgagee or incumbrancee in question, proceed, in accordance with the provisions of Parts and V, according to the circumstances of the case, either, if it is the estate or right of the registered proprietor which has been sold, to cancel the existing certificate of title and to issue a new certificate of title with all the mortgages and incumbrances affecting the land duly noted thereon, or if it is a mortgage or incumbrance which has been sold, to note the transfer on the existing certificate of title; and the duplicate certificate of title, in whose hands soever the same may be, shall, on the demand of the Registrar of Titles, be delivered to him, in order, according to the circumstances, that the same may be cancelled, or that the transfer may be noted thereon. 109. A judgment for the payment of any money or costs shall constitute such money or costs a charge, subject to charges having a priority, upon the estate or right of any registered proprietor, mortgagee or incumbrancee in or over any land brought under the operation of this Act as soon ( a ) the person entitled to the benefit of such judgment has filed an application to the Court under the Judgments Act for an order for the levying of such money or costs or part thereof by sale of such estate right or otherwise, and all further proceedings in Title !Jy Registration judgment IV as LAWS OF ANTIGUA AND BARBUDA Title by Registration 429 45 connection with such judgment shall be governed by the provisions of that Act, and (b) the Registrar of Titles shall have noted such application upon any relevant certificate of title in his custody. (1) The Registrar of Titles upon making such notation as aforesaid, shall call upon the person having duplicate tody of the duplicate of any such certificate of title men tioned in the last section to produce it to him forthwith. (2) Upon production of the duplicate certificate the Registrar of Titles shall endorse thereon the same notation of the application as appears on the original certificate of title in his custody and the date of such notation thereon, for the purposes of priority, shall draw back to and rank as from the date of filing as entered on the original certificate of title aforesaid. PART A caveat shall, subject to the provisions of tions 16 and 74, be in Form 23 in the Second Schedule and shall be verified by the oath of the caveator, or his solicitor, or person acting under the power of attorney of the caveator, and shall contain an address within Antigua and Barbuda at which notices may be served on the caveator. Any person claiming to be entitled to stay the registration of any dealing in land, until his rights therein shall be recognized and registered, may present a caveat to the Registrar of Titles. 113. The Registrar of Titles shall register such caveat Caveat be noted on in the same form and manner as an incumbrance affecting certificate the land set forth in the caveat, and the date of registration shall be the date of the presentation of such caveat, and, for the purpose of such registration, the Registrar of Titles shall have the right to demand the duplicate certificate of title from the possessor thereof, in order that the caveat may be noted thereon as well as on the duplicate in the register. (CAP. 110. VII Caveats 111. 112. Endorsement CUS- ~~judgment certificate. sec- Form of caveat. Second Schedule Form 23. Who may present caveat. to of title. LAWS OF ANTIGUA AND BARBUDA 46 CAP. 429) Title by Registration Notice of caveat to be sent to 114. Where the caveatee is not the person in caveatee. sion of the certificate of title, and would not necessarily by such proceedings receive notice of the caveat, the Registrar of shall forthwith send notice to him, by post, of the presentation of such caveat. Effect of registration of 115. the registration of a caveat, and so long as caveat. it shall remain in force. the Registrar of Titles shall not ister any dealing with the land embraced therein, until the caveat shall be removed. may withdraw caveat. 116. A caveat may be removed by the caveator, at any time, by presenting to the Registrar of Titles an order of withdrawal in Form 24 in the Second Schedule, subject to Form 24. any demand for costs and damages which the caveatee may make in the manner hereinafter provided. Caveatee may give order of removal. Second Schedule Form 25. 117. A caveat may be removed by a caveatee by his sending the Registrar of Titles an order of removal in Form 25 in the Second Schedule and containing an address within Antigua and Barbuda, where notices and letters may be addressed to or served on the caveatee, and, upon receipt of such order of removal, the Registrar of Titles shall note on the same the day and hour at which it was received, and shall give written intimation to the caveator, at the address given in the caveat that, at the expiry of twenty-one days from the date noted on the order, he will enter the order of removal in the presentation book, and will proceed thereon to cancel the caveat on the duplicate certificate of title, unless, before the expiry of such period as aforesaid, there shall be pre sented to him an order of a Judge, sustaining or continuing the caveat for a time specified, or otherwise dealing with the caveat so as to require its continuance on the register. may apply to Court to The may, at any time and without any notice from the Registrar of the receipt of an order of removal from the caveatee, apply to the Court to sustain such caveat, and to order its continuance on the register, either until some question of right has been determined between the and the caveatee, or till such time and in such manner as may be ordered by the Court, and the Court, after such notice to the caveatee or service upon him as may appear sufficient, may proceed to hear the parties, Caveator Second Schedule Caveator sustain caveat. Title~ 118. posses After reg caveator caveator LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 47 or, in the absence of the caveatee if he does not appear, to deal with the case as may appear just. 119. The caveatee may, in like manner, and without Court to remove sending any order of removal to the Registrar of Titles, apply to the Court to have the caveat removed by order of the Court. 120. Any person lodging any caveat with the damages. Registrar without reasonable cause shall be liable to make any person who may have sustained damage thereby such compensation as may be just, and such compensation shall be recoverable in an action at law by the person who has sus tained damage from the person who lodged the caveat. All orders sustaining, continuing, or removing Court relating to caveats, and all other orders of the Court relating thereto, shall be presented to the Registrar of Titles by the person in whose favour they are given, or on his behalf, and shall be noted by the Registrar of Titles on the duplicate certificate of title as of the date of such presentation. No second or other caveat shall be lawful, at the instance of the same person, in relation to the same matter, and the Registrar shall refuse to receive or note the same on the register. 123. The Registrar of Titles may, of his own motion, enter a caveat upon the register, either to protect the of enter caveat. the Crown, or the rights of any person under legal disability or absent from Antigua and Barbuda, or for any good, valid and sufficient reason to him appearing which may require him to act in such a manner in the interests ofjustice, and he may also enter a caveat, when it shall appear to him that any error has been committed in regard to any certificate of title, or any noting thereon, in order to prevent dealing with the said land until such error shall have been corrected. Registration and Confirmation of Qualified and Possessory REGISTRATION OF QUALIFIED TITLES AND POSSESSORY TITLES 124. An application for the issue of a first certificate under this Part may be made by such persons, and shall be 121. 122. rights PART VIII Titles Application to caveat. Caveator liable in All orders of caveats to be noted. No second caveat to be received from the same person. Cases in which Registrar may Application for certificate. LAWS OF ANTIGUA AND 48 429) Title Registration made in such manner and subject to such notice, and be supported by such examination or evidence of the title to the land as may be prescribed. Certificate of qualified title. (1) A certificate of qualified title may be issued in the name of any person, if, on the prescribed examina tion of title, he appears to the Judge to be entitled, at law or in equity, as owner to such estate in the land as in this sec tion mentioned, whether subject or not to incumbrances, and for his own benefit or not. (2) On the issuing of a certificate of qualified title, the registered proprietor of the land shall have the same estate in the land as a registered proprietor with an indefeasible title under the preceding provisions of this Act, except that the title shall be subject to any qualifications endorsed on the certificate of title as respects the reservation or excep tion of any right arising before a specified date, or arising under a specified instrument, or otherwise particularly described in the certificate. Certificate of possessory title. 126. (1) A certificate of possessory title may be issued in the name of any person, if, on the prescribed evi dence, it appears to the Judge that he is facie entitled to the land as owner, and that he, or some person for whom he holds the land in trust, is, or would but for some incum brance be, in possession of the land. (2) The issue of a certificate of possessory title shall not prejudice the enforcement of any right adverse to, or in derogation of, the title of the person in whose name it is issued, and subsisting or capable of arising at the date of the certificate, but, save as aforesaid, the registered proprietor shall have the same estate in the land as a registered propri etor with an indefeasible title under the preceding provi sions of this Act. (3) ( a ) In any case where an application for a certifi cate of possessory title has been made, the Judge may, if he thinks fit, require the Magistrate to the district in which the land is situated to enquire as to the posses sion of the applicant and any other matter calling for local enquiry. BARBUDA CAP. by 12!>. whether prima LAWS OF ANTIGUA AND BARBUDA Title by (CAP. 429 ( b ) The Judge may direct whether such enquiry shall be with or without any and whatjury, and generally in what way it shall be held, and as to the procedure thereat. (c) If the enquiry is with a jury, the Provost Marshal shall, on receipt of notice by the Magistrate, summon the necessary number ofjurymen at the place and time appointed by the Magistrate for holding the enquiry. (d) When the land is partly in one district and partly in another district or districts, the Judge may direct an enquiry to be held in all or any of them as to the whole or any part of the land. (4) Subject to the foregoing provisions, the Magistrate shall, for the purposes of procuring the attendance of wit nesses, and for other matters and things connected with such enquiry, have the like powers as are given him under the Magistrate's Code of Procedure Act in matters within his summary jurisdiction (criminal). 127. The term "certificate of title" in the other Parts of this Act shall include certificates of possessory title and Act certificates tificates of qualified title; and all the enactments contained in the other Parts of this Act with reference to certificates of title and any proceeding with reference to the same (save and except so much of section 4 which enacts that, immedi ately after the issue of a certificate of title, all deeds upon which the land to which the certificate of title relates has been theretofore held, or by which any mortgages or incum brances upon the said land were shown to exist, shall cease to have any force or effect, and any provisions of any other Parts of this Act are inconsistent with the provisions of this Part) shall, with such modifications as may be neces sary, apply to certificates of possessory title and certificates of qualified title and all proceedings under this Part: Provided that no person in whose name a certificate of qualified title or a certificate of possessory title is issued, or who derives title from any such person, or from any noting on any such certificate, shall have, or shall by any dealing with the same, confer any greater right than by such certificate is given to the person in whose name the certificate is issued. Registration which 49 Cap. 255. Application of other Parts of this cer- to of qualified or possessory title. LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title by Application of to certificates of possessory and qualified title. Second Schedule. Certificate may be cancelled. Power to apply for examination of possessory or qualified title. Application for confirmation of possessory or qualified title. 128. The forms contained in the Second Schedule, with such alterations (if any) as may be prescribed or neces sary, may be used in relation to certificates of qualified or title: Provided that, at the head of every such form, there shall be printed the words "Qualified Title" or "Possessory Title" as the case may be. 129. Where, at the hearing of any action or other wise, it is shown to the satisfaction of a Judge that any per son holding a certificate of qualified or possessory title is not entitled to hold such certificate, the Judge may direct the certificate to be cancelled and order the person holding the duplicate thereof to deliver up the same to the Registrar; and on any application to cancel any such certifi cate, the Judge may order any issue or issues to be tried in such manner and at such time as he may think fit. CONFIRMATION OF POSSESSORY TITLES AND QUALIFIED TITLES 130. The Registrar may, on the application of a per son in whose name as owner a certificate of qualified title or a certificate of possessory title has been issued, submit his title to a Judge, who thereupon may, according to the nature of the evidence adduced, direct the issue of a certifi cate of title under Part or a certificate of qualified title as on first registration. 131. (1) Any person, in whose name as owner a cer tificate of possessory title or of qualified title has been issued, may apply to the Registrar for the issuing of an inde feasible title under Part or of a certificate of qualified title, after the expiration of five years from the date of the first publication of the notice in section 132 mentioned, unless due cause is shown in the meantime why such certifi cate should not be issued. (2) The application for the issue of a certificate under this section shall be accompanied by an affidavit in such form, by such persons, and with such information as to title and other particulars, as may be prescribed, and shall include a statement to the effect that the deponent has made due Registration forms posse.ssory II, II, LAWS OF ANTIGUA AND BARBUDA Title Registration (CAP. 429 51 enquiry into the title, is not aware of any question or dispute as to the title, except such (if any) as is specified in the affi davit, and believes that, except as aforesaid, the issue of the certificate applied for will not prejudice any estate, right, or interest of any other person in, to, or over the land. 132. (1) On the receipt of an application nied by the requisite affidavit, and on the deposit the applicant of such sum as may be directed by the Registrar for the purpose of covering the expenses of and consequen tial on the application, the Registrar shall publish and serve notice of the application having been made. (2) Publication of the notice shall be made by such advertisements, local notices and other means as may be prescribed, or as the Judge or Registrar may in any particu lar case direct; and shall take place during the month of November next after the application, and during the month of November in each of the four years succeeding the first publication; and the date of the first publication shall be ascertained and conclusively determined by the Registrar in the prescribed manner. (3) Service of the notice shall be made by serving in the prescribed manner a copy thereof on any person who, in the opinion of the Registrar, ought to receive notice and is capable; and the notice shall be served as soon as is rea sonably practicable after the publication of the notice in the last of the said five years. 133. (1) Any person desirous of showing cause against the issue of a certificate of title under sections 130 to 135 may, at any time within the period of five years from the date of the first publication of notice of the application for the issue thereof, petition the Registrar, subject to the pre scribed conditions as to security for costs and otherwise. (2) On receipt of the petition, the Registrar shall place the same before the Judge, and shall make such enquiries as to the matters in the petition alleged as the Judge shall direct, and the Judge, or the Registrar by his direction, may summon such witnesses and take such steps as are necessary to the Judge as to the sufficiency of any cause shown in the petition against the application. satisfy accompa- Public notice on b receipt of Y application. Mode of showing cause against confirmation of title. LAWS OF ANTIGUA AND BARBUDA Title by Registration (3) A petition under this section may be presented by any person alleging that he has cause to believe that the issuing of a certificate of title under sections 130 to 135 would prejudice the right of some person absent from and Barbuda, or of some unborn person, or of some person as to whom it is not known whether he is alive or dead, or of someone claiming under or in succession to such a person. (4) Where it appears to the Judge that the right of any person absent from Antigua and Barbuda may possibly be prejudiced by the issue of a certificate of title under sections 130 to 135, he shall take such means for protecting his inter est as may be prescribed, or as appear to him in any particu lar case to be proper. Confirmation of title at expiration 134. (1) Within the after the time. ration of the period of five years from the date of the first publication the notice of application for the issue of a certificate of title under sections 130 to 135, the applicant may finally apply to the Registrar to issue the certificate of title applied for. (2) The final application shall be accompanied by an affidavit in such form, by such persons, and with such partic ulars, as may be prescribed, and shall include, with respect to its date, the like statements as are required in the affidavit accompanying a first application. (3) On receipt of the final application accompanied by the requisite affidavit, if cause has not been shown against the issue, or if the cause shown against the issue is not, in the opinion of the Judge, sufficient, the Registrar shall, unless he is satisfied that the certificate ought not to be issued, issue a certificate of title under Part or a certifi cate of qualified title as the case may be. (4) From and after the date of the issue of a certificate of title under section 130 to 135, the title of a registered pro prietor shall be the same as if such certificate been issued on the day when the Registrar received the first appli cation for the issue thereof. 52 CAP. 429) Antigua prescribed/time expi of of II, lrad OF ANTIGUA AND BARBUDA Title Registration (CAP. 429 53 (5) If, by reason of the issue of a certificate of title under sections 130 to 135, any person is deprived of any estate or right in, to, or over the land, or any money charged on the land, the person in whose name the certifi cate of title is issued, his executors and administrators, shall be liable to pay that person, his executors, administrators, or assigns, compensation for the same. (6) If on the receipt of the final application for the issue of a certificate of title under sections 130 to 135, the Registrar is satisfied that the certificate should only be issued subject to certain exceptions or reservations, or as respects part only of the land, the Registrar shall issue the certificate of title either subject to those exceptions or reser vations, as on first registration of a qualified title, or as respects that part only of the land. (7) In the event of any change of ownership of the land during the period between the date of an application for the issue of a certificate of title under sections 130 to 135 and the issue of such certificate, the application shall not be deemed to have determined, but the person to whom a cer tificate has been issued as successor in title of the applicant may, if he thinks fit, proceed with the application as if he were the original applicant. (8) All mortgages and incumbrances endorsed on the original certificate of title shall be endorsed on the certifi cate of title issued under sections 130 to 135, and, subject to any entry to the contrary on such certificate, the issue of such certificate shall enure for the benefit of any such mortgagee or incumbrancee. 135. (1) Where a certificate of possessory title or Confirmation of title to qualified title has been issued, and any incumbrance or mortgage is endorsed thereon, the incumbrancee or mort gagee may, if he thinks fit, after notice to the person in whose name such certificate has been issued, apply to the Registrar to have a certificate issued under sections 130 to 135, and thereupon all the provisions of the said sections shall apply, as in the case of an application by a person in whose name the original certificate was issued. lAWS by incumbrancee. LAWS OF ANTIGUA AND BARBUDA CAP. 429) by (2) The costs of any proceeding under this section with respect to an incumbrance shall be added to the incumbrance. Powers and Duties of of Titles, and mode of Reviewing their Decisions Registrar of High be 136, (1) The Registrar of the High Court shall be, Registrar ex the Registrar of Titles. Titles. (2) All notings by any Registrar of Titles may be done either by his own hand, or by the hand of one of his clerks, or by means of a rubber stamp if such notings signed and authenticated by such Registrar. Registrar may state a case for 137. Whenever any question shall arise with regard decision to the performance of any of the duties, or the exercise of any of the functions, by this Act conferred or imposed upon arising under this a Registrar of Titles, or if, in the exercise of any of the duties or powers hereby conferred upon him, any question of diffi culty or importance shall arise, it shall be competent for him to state a case to the Court, and the Court, after hearing the Registrar of Titles and the parties interested, if after due notice or citation they appear, or in their absence, if after such notice or citation they fail to appear, shall give such order and directions thereupon as shall appear just. 138. The Registrar of Titles may at all times take the direction of Cowt upon questions advice, opinion, or direction of the Court upon questions of difficulty, even where there are no contending parties, and of Court. may request that such advice, opinion, or direction be given in writing to be preserved along with the papers connected with the issue of a certificate of a title, or noting of mort gages or incumbrances; and where no special procedure has been provided by this Act for any case with regard to placing on the register, or removing therefrom, the title of any per son to any land, or any mortgage or incumbrance, or any fact in regard thereto which ought to be registered, or the registration of which ought to be altered, the Court shall give directions in regard thereto, according to the intent and meaning of this Act, and with the view of carrying out the objects for which it was framed in the true spirit thereof. 54 Court to of . . of Court 10 questions Act. Registrar to obtain of difficulty. Powers officio, Titl,e Registration PART IX Registrars be -duly LAWS OF ANTIGUA AND BARBUDA Title by Registration 429 55 If any person shall be dissatisfied with any act, by act o omission, refusal, decision, direction, order, noting, or other completed proceeding of a Registrar of Titles affect t e Court. ing the right of such person to any land, or any mortgage or incumbrance thereon, or any caveat in relation thereto, such person may apply to the Registrar of Titles to set forth in writing the grounds upon which he proceeded, and, thereupon, such person may bring any question in relation thereto before the Court by summons served on the Registrar of Titles, and the Court shall hear and determine the question at issue, and give such order and directions thereupon as may appear just. 140. In case it shall appear to a Registrar of Titles that any certificate of title has been issued in error, or con tains any misdescription of land or boundaries, or that any certificate of title noting of any mortgage or incumbrance or otherwise has been made in error, either wholly or as to any part thereof, or that the certificate of title, or noting thereon, has been obtained by fraud, or that any certificate of title has been fraudulently obtained or is fraudulently retained, he may require the duplicate certificate of title issued from the reg istry to be returned for correction, or to be delivered to the true owner thereof, and, if the person so required shall fail to return the certificate of title. or to deliver the same to the true owner, the Registrar of may apply to the Court for a summons to bring the person before the Court for examination; and the Court may thereupon examine the person, and may direct the certificate of title to be given up to the Registrar of Titles or to the true owner thereof, or may a warrant for searching for and recovering the same, or, if the said person shall refuse to be examined or shall refuse to deliver up the certificate of title, or deliver it up to the true owner, then or at any time ordered by the Court, may commit the said person to prison for any term not exceeding six months. 141. At the request of a Registrar of Titles upon may order cancellation or or case stated, or in any proceeding respecting any land, or in respect of any contract or transaction relating thereto, or in of instrument, caveat, or dealing with land, the Court may by decree or order direct the Registrar of Titles to cancel, correct, substitute, or issue any 139. grant either tion respect any (CAP. Titles Party aggrieved of Registrar may bring question before the Court. In case of error or fraud, the Court may compel return of to Registrar, &c. peti- Court amendment of certificate of title. LAWS OF ANTIGUA AND BARBUDA 56 CAP. 429) Title by Registration certificate of title, or make any noting or entry thereon, and to do such acts as may be necessary to carry into effect any judgment of the Court. Registrar may require produc tion of certificate of title, and attendance of witnesses. Second Schedule Form 26. A Registrar of Titles may require any person, for the purposes of this Act, to produce the duplicate certifi cate of title issued to the registered proprietor, and may make enquiry into any matter affecting titles to land and the accuracy of the register, and may summon any person before him for the purpose of giving evidence and explana tion in regard to any such matter, and any person refusing to appear in answer to such summons may be proceeded against in the same manner as a person refusing to give evi dence before the Court. The summons may be in Form 26 in the Second Schedule. Registrars may administer oaths 143. Every Registrar of Titles may administer oaths, correct or take declarations or affirmations in lieu of oaths, and errors. may correct errors in the certificates of title registered or issued, and supply entries omitted. On proof of loss of certificate 144. If the duplicate certificate of title issued to any registered proprietor shall be lost, the Registrar of Titles may make such enquiries as he deems necessary in regard be issued. thereto, and if he shall come to the conclusion that it is irrecoverably lost by misadventure, or if the Court shall so determine, then, without public notice, or after such public intimation as may be considered reasonable and safe, the Registrar of Titles may cancel, for the reason to be stated thereon, the registered certificate of title and issue a new certificate, in the manner hereinbefore provided, to the person entitled thereto. may require plan to 145. The Registrar of Titles, whenever he deems it expedient for the better administration of this Act, and when such a step is practically possible in the circumstances of the locality without imposing upon the parties to any dealing with land a cost out of proportion to the value of the subject, or the nature of the dealing, may require the person proposing to deal with land to deposit a plan, map, or diagram of the land to be dealt with, or to have the land sketched or delineated upon the certificate of title before the completion or issue of the same-the said plan, map, or and Registrar be attached to certificate of title. 142. LAWS OF ANTIGUA AND BARBUDA Title Registration (CAP. 429 57 diagram to be the work of a licensed surveyor, and, where there is no licensed surveyor, no map, plan, or diagram is to be insisted on or required. Powers of Attorney, Attestation of Instruments, Dealings Abroad and Married Women 146. A power of attorney intended to authorize deal ings with land, if executed within Antigua and Barbuda, may be in Form 27 in the Second Schedule. If executed without the limits of Antigua and Barbuda, it may be either in the said form or in any form in use in the colony, country, kingdom, or place where the same appears to have been executed. 147. All instruments relating to land executed within Attestation of instruments Antigua and Barbuda, shall be attested by one witness, but it shall not be necessary to prove the execution of the instru ment by any declaration or certificate of such witness. Wherever the Registrar of Titles shall have occasion to doubt the authenticity of any signature to any instrument, he shall make enquiry, and admit or refuse such instrument as he may deem proper, subject to the direction of the Court if his decision shall be challenged by the parties interested or any of them. 148. All instruments relating to land, executed without proof of Antigua and Barbuda, shall be proved by the declaration or certificate of the attesting witness before one of the official of persons named in the Third Schedule before whom instru ments may be proved out of Antigua and Barbuda, or they may be attested, without being proved, by such official per son subscribing as a witness to the signature. 149. When a registered proprietor desires to deal with land situated in Antigua and Barbuda when he is out of the limits thereof, he may apply to the Registrar of Titles to close the registration as regards the land contained in his certificate of title until such time as may be agreed upon, or the return of the certificate of closing of registration here inafter provided for, and the Registrar of Titles shall there upon note on the certificate of title in the register that the registration in regard to that certificate is closed within PARTX Fonn of power of attorney. Second Schedule Fonn 27. executed within Antigua and Barbuda. Attestation and instrwnents executed out of Antigua and Barbuda. Third Schedule. Certificate of closing of registration. LAWS OF ANTIGUA AND BARBUDA 58 CAP. 429) Title by Registration Antigua and Barbuda until such note be cancelled, and he shall likewise append to the duplicate certificate of title in the hands of the registered proprietor a certificate of closing of registration in Form 28 in the Second Schedule. 28. Noting in land made out 150. When the registered proprietor deals without the limits of Antigua and Barbuda with the land contained Barbuda. in the said certificate of title, he, or the person in whose favour any memorandum of transfer, mortgage or incum brance has been made, may produce such certificate of title, with the certificate of closing of registration annexed there to, to any of the persons before whom such instruments may be attested, and, upon such person noting upon the certifi cate of title a short note of the transaction after the form of the entries already shown the said certificate of title, the Registrar of Titles shall, upon receipt of the same and the instrument dealing with the land, cancel the note of closing of registration, and shall register the dealing as of the date of the noting upon the certificate of title, and shall, if the dealing be a transfer, post to the address of the trans feree the new certificate of title to be issued in consequence thereof, or, if the instrument be a mortgage or incumbrance, shall post to the mortgagee or incumbrancee a certificate that the mortgage or incumbrance has been duly recorded. Acknowledgement 151. Where any married woman executes, or signs of married woman any instrument under this Act as concurring therein, it shall be necessary, if the instrument be executed out of the limits Antigna and Barbuda. of Antigua and Barbuda, that she appear before a Judge or other officer qualified to take the acknowledgments of mar ried women in the country, kingdom, or place where she may be, or before any of the official persons appointed for the purpose of proving or attesting instruments under this Act, who shall examine her apart from her husband and take her acknowledgement that she signed the said instrument of her own free will, and that she did not act under any fear of, or compulsion from, her husband, and the person taking the acknowledgement shall sign a certificate thereof. Execution Where any instrument under this Act, or any by deed or document relating to land shall be executed by a married woman within Antigua and Barbuda, or signed by Barbuda. her as consenting thereto, it shall not be necessary for the Registrar to require any certificate of acknowledgement of Second Schedule Fonn dealings of Antigua and of instrument married woman in Antigua and upon 152. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 59 the nature above set forth, but, if he has any doubt of the genuineness of the signature, or has reason to believe that the instrument was not executed or signed freely and volun tarily, he may make such enquiries into the same as he may deem fit and accept or reject the document presented or offered for presentation. 153. The provisions of this Part shall apply only in the case of land brought under the operation of this Act. Solicitors, and Scales 154. The various forms of instruments and other forms set forth in the Second Schedule shall be printed or lithographed, or otherwise prepared to be publicly sold, and any person, if he so chooses, may himself fill the form of instrument he desires to present to the Registrar of Titles, but if he shall employ any person to do so other than a solicitor of the Supreme Court, then such person shall not be entitled to charge any fees therefor, and may be com pelled to return them by summary order of the Court on the complaint of any one having interest. (1) Where a solicitor is employed to do sional work under this Act, he shall be permitted to charge an ad fee according to the scale set forth in the Fifth Schedule. (2) The fee referred to in subsection (1) shall not include payment for professional work rendered in respect of contentious litigation arising between parties, or the cus tomary commissions payable for carrying through negotia tions for purchase, sale or loan. (3) Subject to the provisions of subsection the fee referred to in subsection (1) shall cover not merely the fill ing up of any form or instrument required to be presented to the Registrar of Titles, or any other form under this Act, but also all meetings, correspondence and all other charges whatsoever which the solicitor might otherwise have legally made, or which might have been charged before the passing PART XI Forms, of Fees 155. valorem (2)' Application of PartX. Parties may them• selves fill up fonns of instruments; only solicitors may up charge fees for doing so. Second Schedule. prof es- Fees to be paid to solicitors. Fifth Schedule. OF ANTIGUA AND BARBUDA GO CAP. 429) Title by Registration of this Act, in relation to professional work, or any similar professional work, required to be performed. (4) If the solicitor and his client are unable to agree upon the value of the land or incumbrance for the purposes of this section, the question shall be referred to the Registrar of Titles who shall fix the said value and for so doing he may require such evidence by affidavit or otherwise as he may think fit. ( 5 ) Where the value of the land or incumbrance fixed by the Registrar of Titles under subsection (4) exceeds four thousand eight hundred dollars either party, if dissatisfied therewith, may bring the question before the Court in the manner provided by section 139. (6) For the purposes of this section the property value of incumbrances shall be taken as ten years of the annual sum chargeable on the estate value or whole value of ments secured. (7) It shall be unlawful for any barrister, solicitor or other person authorized to prepare legal documents, to charge any fees other than those authorized by this Act for any legal services rendered in respect of any transaction connected with land brought under the operation of this Act, either by contracting out or in any other manner. (8) Notwithstanding any of the provisions of this sec tion, if the Court is satisfied that any professional work of an exceptional nature has been performed under this Act by any person enrolled as a solicitor of the Court, and that it is just and equitable that a fee in excess of the scale of neration set out in the Fifth Schedule be charged in relation to the transaction, the Court may upon application by the solicitor concerned, allow and fix such additional fee in respect of such professional work as, having regard to all the circumstances of the case, the Court may think fair and reasonable. Fees of office. 156. In respect of each of the transactions specified in the Fourth Schedule, the fee specified in the Fourth Schedule in respect of that transaction shall be paid by LAWS instal remu Fifth Schedule. Fourth Schedule. LAWS OF ANTIGUA AND BARBUDA Title by Registration 429 6 1 stamps affixed to the document relating to the transaction; and it shall be the duty of the Registrar of Titles or the Registrar of the High Court, according to the nature of the transaction, to see that the proper stamps are duly affixed and cancelled. PART Penalties 157. If any person fraudulently procures, or is privy to the fraudulent procuring of, any certificate of title or instrument, or of any noting or entry in the register in respect of any land or title thereto, or in respect of any dealing with land under this Act, he shall be guilty of a demeanour, and shall be liable to a penalty not exceeding fifteen thousand dollars, or imprisonment for any term not exceeding two years. 158. If any person (a) forges or procures to be forged, or assists in forging, the seal of the Registrar of Titles, or his name or signature, or the name or signature of any officer of the Registry of Titles authorized to sign official docu ments, to any document, writing, note, or entry, either kept in the Registry or issued to any registered pro prietor; or ( b ) stamps, or procures to be stamped, or assists in stamping, any instrument or document with any such forged seal; or (c) uses fraudulently the true seal of the Registrar of Titles; or uses, with an intention to defraud, any instru ment, writing, or document upon which any impres sion or part of the impression of the seal of the Registrar of Titles has been forged, or fraudulently obtained or stamped, knowing the same to have been so forged, or fraudulently obtained or stamped; Forgery of seal, felony. he shall be guilty of felony, and shall be liable to imprison ment, with or without hard labour for any term not exceed ing five years. (CAP. XII (d) mis Fraudulent procuring of certificate of title &c., a misdemeanour. &c, LAWS OF ANTIGUA AND BARBUDA 62 CAP. 429) Title by Registration Miscellaneous Nominal index parties to 159. In order to facilitate reference and search instruments. where one person is proprietor of the lands contained in more than one certificate of title, and where various mort gages, incumbrances and other securities have been grant ed, the Registrar of Titles shall enter in a nominal index every instrument presented to him, both under the names of the grantors and grantees. Governor-General provide offices. 160. The Governor-General shall see that proper offices of stone, brick, concrete, or other durable substance are provided for the Registrar of Titles, for the preservation of the registers under this Act. Appointment of officers. 161. The Public Service Commission shall appoint whatever officer or additional officers may be necessary for the effectual carrying out of the provisions of this Act, at such salaries as may be fixed by Parliament. 162. The Governor-General shall provide the instruments to be provided. sary seals, and have the forms required for the carrying out of this Act, and copies of this Act, properly printed, lithographed, or prepared, and ready for the of the Registrar of Titles and at such other places as may be determined on, and do any other executive act which may be necessary for putting this Act in operation, or which may facilitate the working thereof. Appeal to Court Appeal. 163. Any person who may feel aggrieved by any sion of a Judge in regard to the issue of any certificate of title, or the noting of any mortgage or incumbrance, or the refusal to note any mortgage or incumbrance, or as to the priority of any mortgage or incumbrance, may present to the Registrar of the High Court a claim in Form 29 in the Form 29. Second Schedule, and the Registrar of shall not issue any certificate of title, or note or refuse to note any mort gage or incumbrance, with respect to which a difference or dispute has arisen with any one interested or claiming to be interested, until such decision has been reviewed by the Court of Appeal. PART XIII of lO Seals and fonns of neces sale ·at office of deci Second Schedule Titles LAWS OF ANTIGUA AND BARBUDA Title Registration (CAP. 429 63 164. If, on any application for the issue of a certifi refer case to cate of title, questions which the Judge considers difficult arise for his decision, he may order the applicant to serve notice of the application upon the Attorney-General togeth er with a statement of such questions, and copies of all such documents and evidence as the Judge may direct, and there upon the Attorney-General may, by himself or some one appointed by him in that behalf, intervene and oppose the grant of a certificate, if he is of opinion that it is likely to result in a successful action for damages against the Crown. 165. any question fact arise in any application under this Act the Judge may, if he think fit, direct that such question be tried by a Judge and jury at the High Court. 166. Notwithstanding the provisions of this Act empowering a Judge to adjudicate in matters arising there- questions under, nothing in this Act contained shall be construed to take away the right of any person to have any question of fact or other issue tried before a Judge and jury in cases in which, under the Eastern Caribbean Supreme Court Act, any person could demand that such question of fact, or other issue, should be tried before a Judge had this Act not been passed. 167. Receivers appointed under this Act shall be appointed in such manner, and receive such remuneration, as may be prescribed. 168. In order that no lien or security may in any way affect land, except mortgages and incumbrances which are borne on the of the-certificate of title, no consignee of produce or other person who may provide supplies or advances to any land or estate shall, from and after the issue of a first certificate of title under this Act, as regards the land therein, or, as regards other land throughout Antigua and Barbuda, from and after the 2nd day of August, 1887, be entitled under any legal privilege called consignee's lien or otherwise, to have his claims against the land and estate paid by preference to other creditors, or to any mortgagee or incumbrancee, or, on the ground of any such privilege or lien, to sue out or apply for the sale of any land or estate as an incumbrancee, but all persons, whether consignees of by If of and jury, face Judge may Attorney-General. Question of fact may be tried by jury. Reservation of right of parties to have tried before a jury. Cap.143. Receivers. Abolition of consignee's lien. LAWS OF ANTIGUA AND BARBUDA 64 CAP. 429) Titb by Registration produce or otherwise, who may advance moneys or supplies to any land or estate shall be left to recover the sums due for the same by ordinary process of law, or by obtaining such securities as are provided by this Act or otherwise known to the law; reserving always power to the High Court, when a receiver has been appointed to any land or estate, to order and decree that such receiver shall, if he advances moneys or supplies to the land or estate, have a lien over the price thereof, when sold for payment of such advances and sup plies, or to allow such preference or lien to a receiver appointed by the Court, if the circumstances shall call for it, although no such order or direction had been made before hand. Power to Chief Justice to make (1) The Cabinet may by order prescribe and fix the charges to be made for any act, matter or thing under this Act to be done or observed. (2) The Chief Justice, with the approval of the Cabinet, may make rules and orders to carry out any of the purposes of this Act, including any regulation of times, mode of procedure, forms, and generally the procedure of the Act, and all such rules and orders upon being approved by the Cabinet and published in the Gazette shall take effect as rules and orders under the Act. Fourth and Fifth Schedules. (3) The fees and charges contained in the Fourth and Fifth Schedules shall continue to be taken, applied and accounted for until abolished or varied otherwise by order. Proof by 170. Whenever any request, application or other document (hereinafter called document) offered for registration purports to have been prepared by any person, other than a barrister, solicitor or other person authorized to prepare legal documents, the Registrar in his discretion before admitting such document to registration, may require an affidavit from that person proving that he did not draw or prepare the said document either directly, or indi rectly, for or in expectation of any fee, gain or reward, or otherwise contrary to the provisions of section 76 of the Eastern Caribbean Supreme Court Act, and a further affi davit from the party bearing the cost of the preparation or registration of the said document, that no such fee, gain or Cap. 169. rules. draughtsman. (1) 143. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP, 429 reward was offered, paid, or was to be paid by him to the person for drawing or preparing the said document. (2) The Registrar, in his discretion, is hereby autho rized to retain custody of such document so offered for the purpose of being registered pending the production of the aforesaid affidavit. FIRST SCHEDULE ACT OF A written statement in Form 15 in the Second Schedule by the bailiff who seizes land or estate in virtue of the instructions of a mortgagee or incumbrancee, setting forth the fact that he has seized, and naming the day and hour from which the seizure runs. The Act shall also set forth an inventory of the articles in addition to the land or estate. The act of seizure shall be served upon the registered propri etor, or those acting for him, in the manner set forth in this Act, and it shall also be embodied in the caveat of seizure to be presented forthwith to the Registrar of Titles upon the seizure being effected. ARTICLES OF SALE. The conditions and stipulations under which any land or estate, which has been seized for non-payment of a mortgage or incumbrance, is to be put up for sale. The arti cles of sale shall describe the land as in the certificate or cer tificates of title, and the other articles seized as in the act of seizure. They shall settle any conditions under which dings shall be made or the price paid, fix an upset price, and appoint the day of sale. The articles of sale may be in Form 17 in the Second Schedule. CANCELLED. The marking by the Registrar of Titles of the word "Cancelled" across a certificate of title in the register, and thus destroying its efficacy as a registered title. The cancella tion of a certificate of title takes place when a new certificate of title has been issued for the land contained therein, or where it has been found to have been issued in error. CAVEAT. An instrument presented to the Registrar of Titles in one of the forms of caveat in the Second Schedule for the pur pose of forbidding the registration of any dealing with the land set forth therein, until the caveat be withdrawn or removed. 65 SEIZURE. bid LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title by Registration CAVEATOR. The person in whose name the caveat is presented, and who forbids the registration of dealings with the land speci fied in the caveat. The registered proprietor of the land to prohibit deal ings with which the caveat is presented. CERTIFICATE OF TITLE. The name of the instrument issued by the Registrar of Titles to show that the person named therein as proprietor of the land set forth is the registered proprietor thereof under this Act. The certificate of title shall be in Form 4 in the Second Schedule and may be either printed, engraved, lithographed, or written, or partly one and partly the other, or done in any other manner which the Registrar of Titles, with the consent of the Governor-General, may from time to time determine. It must be signed by the Registrar of Titles and sealed with the seal of his office. It may be either of paper, parchment, vellum, or any other sub stance which may be determined on. The certificate of title must set forth on the face thereof, if space permits, but at all events on the folium thereof, all the mortgages and incum brances the land; and when these are transferred or discharged, the Registrar of Titles will, by a marking across the note of the particular mortgage or incumbrance, show that it is so transferred or discharged, and how, and refer to the file where the authority to make the marking is to be found. The certificate of title is registered by placing it in boards, or clips, or other contrivances which hold the materi als of the current volume of the register, and marking on it the date of issue, and the folium of the register, and the ref erence to the instrument on the file in virtue of which it was issued, together with the mortgages and incumbrances thereon. In the case of a first certificate of under this Act, the reference will be to the titles in the old form handed in to the Registrar of Titles to show that the registered pro prietor was the true owner of the land. CERTIFICATE OF OF REGISTRATION. A Certificate by the Registrar of Titles written, printed, engraved, or lithographed, but dated and signed when issued, placed at the foot or end of the certificate of title which has been issued to a registered proprietor, to show that, until the duplicate certificate of title having the certificate of closing attached be returned to the Registrar of Titles, the registration of dealings in and Barbuda in regard to the land contained in the certificate of title is closed. The certificate of closing of registration, if attached to a duplicate certificate of title, must be so marked 66 CAVEATEE. affecting title CLOSING Antigua LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 67 by the Registrar of Titles, at the place of attachment, that he could at once detect if it had been detached and added to any other certificate of title. COURT. Court. VOLUME. The certificates of title forming the register, which have not yet become numerous enough to be bound and placed on the shelf among the records of the depart ment of the Registrar of Titles. It shall be the duty of the Registrar of Titles to provide boards or clips, or some other contrivance, to keep the certificates of title together in the order of their dates, and he shall not allow access to the cur rent volume by any one unconnected with the department, and shall, himself, be personally responsible for its safe keep ing in a correct and orderly manner. It may be bound either at the completion of a year or when it attains a uniform thickness, as the Registrar of Titles, subject to the approval of the Chief Justice as ex Keeper of the Records, may determine. DEALING. A dealing with land is any act in regard thereto which requires an application to the Registrar of Titles to have the act completed and made available by registration. A sale of land, for example, is evidenced by the registered proprietor signing in the proper manner a memorandum of transfer, and the memorandum of transfer must be presented to the Registrar of Titles to be dealt with by him, without which there is no registration of the title, and the sale is not com pleted. In the same way all mortgages and incumbrances and transmissions of land are dealings in the sense of the Act. Every act therefore by which the proprietorship of the land is changed or affected, or the mortgages and incumbrances are increased or diminished, is a dealing. DUPLICATE TITLE. The certificate of title issued to the registered proprietor, and which, as nearly as circumstances permit, must be an exact counterpart, or facsimile, of the certificate of title which is preserved in the register. ENTER APPEARANCE. TO enter appearance in the manner in which appearance may, for the time being, be entered in civil pro ceedings in the High Court. ENTERA CAVEAT. TO present a caveat to the Registrar of Titles by entering it in the presentation book. See The CURRENT officio CERTIFICATE OF LAWS OF ANTIGUA AND BARBUDA 68 CAP. 429) Title by Registration FILE. The act of putting away for and the indexing, or otherwise keeping a record of the place of deposit, of the instruments which have been the authorities and warrants to the Registrar of Titles to perform some act as such When a first certificate of title is issued under this Act, the Registrar of Titles shall preserve and put away safe custody the former title deeds upon the faith of which the certificate of title was issued. The sheet of paper, parchment, or vellum upon which the certificate of title is written, engraved, printed, lithographed, or partly written and partly engraved, printed or lithographed, and which, when placed in the current vol ume of the register, shall be numbered as one folium there of, whether it be folded so as to represent two leaves book-wise, or whether more leaves are required to embrace the full description of the land, and the notings by the Registrar of Titles. The reference to the certificate of title, placed upon the duplicate certificate of title, or new certifi cate of title, or instruments placed on the file, or in the pre sentation book, shall be to the number which the certificate of title ought to bear, counting from the first which has been placed in the current volume, and giving one consecutive number to each certificate of title registered. INCUMBRANCE. All burdens, securities, or liens upon land, arising whether at law or in equity, other than mortgages, by which the land is subjected to particular interests in favour of indi viduals, or the revenues thereof are affected for the payment of annuities or temporary charges; and also any dealings with land which, in the event of sale, would limit the free use and disposal thereof by the purchaser, such as leases for three years and upwards; and all temporary attachments by judg ments; and all caveats forbidding registration of dealings. An incumbrance is made, constituted, or created by a memoran dum of incumbrance or memorandum of lease, the noting of a judgment or order, or the presentation of a caveat. The instruments must be presented to the Registrar of Titles, and must be noted by him on the certificate of title in the same manner as mortgages. Incumbrances (except caveats and judgments) may be transferred and discharged in the same manner as mortgages, and the transfers and discharges must be noted by the Registrar of Titles. The registered proprietor who makes, constitutes, or creates such burdens or liens upon land, or the revenues thereof, as above defined, and who executes the memoran dum of incumbrance. preseIVation, official R<;gistrar. FOLIUM, INCUMBRANCER. LAWS OF ANTIGUA AND BARBUDA Title by Registration 429 69 The person in whose favour a memorandum of incumbrance is granted, and the incumbrance is noted on the certificate of title by the Registrar of Titles. The word used to express that the certificate of title issued by the Registrar of Titles, and the notings by him thereon, cannot be challenged in any Court of law on the ground that some person, other than the person named therein as the registered proprietor, is the true owner of the land therein set forth, or on the ground that the mortgages or incumbrances in the notings thereon are not mortgages and incumbrances on the said land; except on the ground of fraud connected with the issue of such certificate of title, or the noting of such mortgages or incumbrances, or that the title of the registered proprietor had been superseded by a title acquired under the Real Property Limitation Act, by the person making the challenge. The word also means that, the certificate of title being issued by the Government, the Government is, with the exceptions above mentioned, pre pared to maintain the title in favour of the registered propri etor, leaving any one justly aggrieved by its issue to bring an action for money damages against the Government. INSTRUMENT. A paper, or document in one of the forms set forth in the Second Schedule, which may be either written, engraved, printed, or lithographed, by which proposed deal ings in land are set forth, with the view of being completed by the Registrar of Titles when the instrument is presented to him. ISSUED. The word used when a certificate of title, having been drawn up by the Registrar of Titles and signed and sealed by him, with all the necessary notings on the face thereof, is placed in the current volume of the register, and the coun terpart or facsimile, also signed and sealed by the Registrar of Titles, with all the same notings on the face thereof, is handed to the registered proprietor, or to any one autho rized to receive the same on his behalf. Includes judgment, decree, order and rule. Land includes all the fixtures and buildings thereon, and everything growing on the soil (unless otherwise specified), with the exception of any wooden houses belonging to others on the land, which are accustomed to be moved from place to place, and any wooden houses the property of lessees, and, in towns or villages, with the exception of such movable lNCUMBRANCEE. INDEFEASIBLE. JUDGMENT. LAND. (CAP. LAWS OF ANTIGUA AND BARBUDA 70 CAP. 429) Title by wooden houses as are the property of the residents therein, and not of the owner of the soil. SURVEYOR. Any land surveyor licensed to practise his pro fession by any law of Antigua and Barbuda. MEMORANDUM OF INCUMBRANCE. See Incumbrance. MEMORANDUM OF TRANSFER. See Transfer. MEMORANDUM OF MORTGAGE. See Mortgage. MORTGAGE. A pledge by the registered proprietor of the land con tained in the certificate of title, and certain things accessory thereto, as set forth in this Act, to secure repayment of the debt expressed in the memorandum of mortgage. The registered proprietor of the land over which the mortgage extends. MORTGAGEE. The person who advances money upon the security of the registered proprietor, and the land contained in his certificate of title, and in whose favour the registered propri etor executes the memorandum of mortgage; and any trans feree of his rights. An index, in the form of a ledger, containing, under the name of every individual who has been the grantor or grantee of any instrument or certificate of title, or noting thereon, the nature of the transaction, and the vol ume and folium of the register where the certificate of title, or noting thereon, in which the name occurs is to be found. NOTE. The word used to denote the writing and markings with fig ures which the Registrar of Titles makes upon the certificate of title in the register, and on the duplicate issued to the reg istered proprietor, to show the mortgages and which are upon the land, and also the transfers and dis charges of such mortgages and incumbrances, and the caveats, or the withdrawal or removal of caveats. The notings made by the Registrar of Titles upon a certificate of title are as indefeasible as the title upon which they are marked, that is, that any one, in dealing with the may take it as guar anteed by the Government that no other mortgages or incumbrances affect the land than those noted on the certifi cate of title, and that the existing mortgages and incum brances are correctly set forth. Registration LICENSED MORTGAGOR. NOMINAL INDEX. incumbrances land, LAWS OF ANTIGUA AND BARBUDA by Registration 429 71 NOTICE TO PAY OFF. The intimation given in writing by a gagee or incumbrancee that he demands payment, within sixty days from the date thereof, of the sums due to him under the mortgage or incumbrance. The notice may be signed by the registered proprietor, or the person holding his power of attorney, or the solicitor acting for him, and shall be in Form 14 in the Second Schedule. It must be for mally served upon the mortgagor or incumbrancer by a bailiff, or according to some other of the modes of service authorized in civil proceedings in the High Court. OWNER. The person having the legal right to land and the full dominiurn thereof, but who has not become the registered proprietor under this Act. This distinction is for the tempo rary purposes of this Act only, as the registered proprietor is in the fullest sense the absolute owner of the land. PLAN, MAP, OR DIAGRAM. A sketch or drawing made of the position of the land as it lies in regard to the lands of the ing proprietors, and showing the length of the boundary lines, the angles at which they lie towards each other, the extent of the whole, and the various subdivisions of the land. When the land is of small extent, the plan ought to be placed in the lower left hand corner of the certificate of title, but where the land is of large extent requiring a separate plan, as in the case of an estate, the Registrar of Titles, after having satisfied himself of its accuracy, will so mark and sign it as to show to what certificate of title it applies, and shall also attach it to the certificate of title so that it shall follow it in order in the register, and form part of the same folium. PRESCRIBED. Means prescribed by rules made under this Act. PRESENT. TO present any instrument to the Registrar of Titles is to enter it in the presentation book, and hand it in to the registry. PRESENTATION BOOK. A book which is to lie in some convenient place in the office of every Registrar of Titles in order any one having an instrument to present may be able to write the particulars thereof in the book. Every Registrar of Titles, and his clerks, must at all times give information and directions to assist the presenter in making a correct entry, and must see when he hands in the instrument that it is entered correctly, making the necessary corrections themselves if deficient, and in particular, they must see that the time of presentation has been exactly entered, correcting it if necessary. Title (CAP. mon neighbour that LAWS OF ANTIGUA AND BARBUDA 72 CAP. 429) Title by RECORDS. All the books and instruments, writings, deeds and doc uments preserved in the department of the Registrar of Titles, and also, in a more general sense preserved in any department of or under official custody. REGISTER. The current volume wherein certificates of title are pre served before being bound up in a volume, and all the bound volumes of certiticates of title with the notings thereon. REGISTERED.. The placing by the Registrar of Titles of a certificate of title, dated, signed and sealed, in the current volume, and marking thereon the number of the folium by which it is thereafter to be designated and referred to; and also the not ing by the Registrar of Titles upon certificates of title of mortgages and incumbrances as the same may be instructed by instruments presented to him. REGISTRY. The of the Registrar of Titles, and the place of deposit for preservation of the volumes of the register, and the file of instruments and writings, deeds and documents which have been the authority to the Registrar of Titles to issue certificates of title, and make notings thereon. The Registry of the High Court shall be the Registry of Titles to land. REGISTERED PROPRIETOR. The person in whose favour a certificate of title is issued for the land named therein. RULES. Rules made in accordance with the provisions of this Act. REQUEST. Request in writing reciting the facts on which the request is founded, and signed by the person making the request or his solicitor or duly appointed attorney. SEAL OF THE OF TITLES. The seal provided by the Governor-General for the Registrar of Titles in each Circuit. The seal shall be affixed to all certificates of title, and to all writings which require to be authenticated by the Registrar of Titles. It shall be the duty of the Registrar of Titles to keep the seal in a lock-fast and not permit its use by any one except in his presence, unless he be prevented by illness from being in his office, or be absent on leave of absence; when the same duties and responsibilities which devolve upon him shall be binding on person who temporarily occupies the post. Until a special seal is provided under this Act, the seal of the High Court may lawfully be used, and shall be sufficient for the purposes of this Act. Registration Government office REGISTRAR place, to the LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 73 SEIZED. The act of a mortgagee or incumbrancee by which he takes possession, by the hands of a bailiff, of the land form ing the pledge contained in his mortgage or after a notice to pay off has been given and payment has not been made. The formal announcement is made to the regis tered proprietor by an act of seizure, and it is publicly notified on the register by presenting a caveat of seizure to the Registrar of Titles. THE Means the High Court or a Judge thereof. TRANSFER. The consent of a registered proprietor to the sale or donation of the whole or part of the land contained in his certificate of title. The writing by which he signifies his con sent is called a memorandum of transfer, and shall be in Form 5 or 6 in the Second Schedule. Transfers can also be made of mortgages and incumbrances, and of easements and incorporeal rights to be carried out by the execution of a memorandum of transfer, and the presentation of the same to the Registrar of Titles. TRANSFEROR. The registered proprietor who sells the whole or a portion of his land, and signs the memorandum of transfer; and the person who assigns or transfers mortgages or incum brances, including leases. TRANSFEREE. The person in whose favour a memorandum of trans fer is executed. TRANSMIT. The act by which land contained in any certificate of title passes to another proprietor by any other method than by transfer. Thus land transmits to the of a deceased proprietor, the date of his death being the date to be inserted in the new certificate of title in favour of the executor, administrator, or representative. The proprietor ship of land transmits also to the trustee appointed by the Court under a bankruptcy. TRANSMISSION. The passing of the proprietorship of land in the manner above set forth. incumbrance COURT. representative OF ANTIGUA AND BARBUDA 74 429) Title by SECOND SCHEDULE S. 12. Title Registration Act. To the Registrar of Titles. , of the Island of am the owner in possession of that estate in the said Island commonly called and bounded as The deed under which I hold the said estate is' The said estate is of the extent of" and is, so far as I can estimate the same, of the value of $ There are no mortgages or incumbrances affecting the same" There is n o other person claiming to be owner of the said For the purpose of obtaining an indeafeasible title, I request that a certificate of title may be issued to me as registered proprietor of the land above set forth, "lacing upon the certificate of title, or attaching thereto, the plan of the said land, made and drawn by , licensed surveyor, which accompanies this request; And I hand in herewith the title deeds under which I hold the said land as owner aforesaid, which are enumerated and set forth in the schedule attached hereto.' I have not knowingly withheld any fact concerning the land which ought to have been disclosed in making this request, and I have truly and honestly, to the best of my knowledge and belief, represented the truth concerning the titles presented or offered for presentation. Given under my hand this day of 19 Signature of Applicant. Signed before and in the presence of, IAWS CAP. Registration FORM l. ANTIGUA AND BARBUDA. by REQUEST FOR IssUE OF CERTIFICATE OF TITLE. I, follows' land' LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 75 'Here insert boundaries. insert the title under which the appli cant holds the estate or land, and refer to the volume of the in which it is recorded, or if the applicant holds no deed, under what circumstances he claims to be owner, to him under the Act. insert number of acres or fraction of an acre. 'Where mortgages and incumbrances exist, state those which exist to the knowledge of the applicant. ' I f there is, here add names of any com peting claimants. there is no plan this clause may be omitted. ' I f there are special circumstances affecting the title to the land, which the Registrar of Titles ought to be made acquainted with, here state them. AND BARBUDA. Title by Act. To the Registrar of Titles. Take notice that I Do hereby forbid the issue of a certificate of title of the estate of' to of as I am the legal owner thereof, and intend to apply at the proper time for the issue of a certificate of title in my own favour. Given under my hand this day of ,19 . Signature. Signed before and in the presence of, Or if the purpose of a caveat be to the issue of a of title unless a specific incumbrance be noted thereon, the above will be varied in accordance with the facts. 'Here insert description and boundaries. 2Here briefly register describe briefly bring 'Here here 6IJ FORM 2. s. 16. ANTIGUA &gistration CAVEAT AGAINST THE IssUEOF FIRST CERTIFICATE OF T!TL.E. prevent certificate mortgage or form LAWS OF ANTIGUA AND BARBUDA 76 CAP. 429) Title by Registration Title by Registration Act. Registry of Titles; SCHEDULE OF APPLICATIONS for certificates of title, and notings thereon, and caveats, for the week ending the day of 19 . Date. Date of request. . 19 . 19 . Signature of Registrar of FORM 4. Ss. 3 39. Person presenting. A. B. of the Island of C. D. of the Island of L. P. of the Island of Title by Registration Act. Nature of request, whether for certificate of title, or noting thereon, or caveat. Certificate of title for the land of Noting on certificate of title of land of , of mortgage stated in request. Caveat against issue of certificate of title to land of to any applicant for certificate of title till be heard. titles; Register book, Fol. Know all men to whom these presents shall come, that' is the registered proprietor ofY all as the same is delineated and set forth on the FORM 3. s. 12. ANTIGUA AND BARBUDA. 3rd January, 19 30th.January, 31st January, caveator Titles. & ANTIGUA AND BARBUDA. CERTIFICATE OF TITLE. Land LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 77 plan thereof by , licensed surveyor, annexed hereto, subject, nevertheless, , in favour to the mortgages and incumbrances which are , noted on the margin hereof, or endorsed hereon. In faith and testimony whereof I have hereunto subscribed my name and affixed the seal of my Registered office this day of Instrument filed A. 10.5. thousand nine hundred and Transfer of above mortgage Signature of Registrar of Titles. Registered . Instrument B. 6. 3. 'Name of registered proprietor. 'Insert careful description of land, its full boundaries and estimated extent. Title Registration Act. , of the Island of , registered proprietor of' all as the same is set forth bounded and described in the certificate of title in my favour, dated the day of 19 , and registered in the register of titles , , in consideration of the sum of $ paid to me by , the receipt of which I hereby acknowledge, do hereby transfer the said land to and in favour of the said' , and consent to the noting hereof by the Registrar of Titles, and the cancellation of the certificate of title in my favour, and that a new certificate of title of the said land shall be issued in favour of the said.' Place of the Plan. 1 'Name of 'Here description of land from certificate of title. of transferee. (LS.) FORM 5. ANTIGUA AND BARBUDA. by MEMORANDUM OF TRANSFER ON SALE. I,' transferor. 'Name Vol. Fol. insert , one by S. 20. Mortgage by the within named of interest cent: Payable to $ per filed LAWS OF ANTIGUA AND BARBUDA 78 CAP. 429) Registration For the doing of all which I hereby authorise and grant warrant to the Registrar of Titles accordingly. under my hand this day of 19 Signature of Signed before and in the presence of Title by Registration Act. OF CONTAINED A OF I.' being registered proprietor of' as the same is bounded and described in the certificate of title in my favour registered in Vol. , Fol. , of the register of titles in consideration of the sum of $ paid to me by' the receipt of which I hereby acknowledge, do hereby transfer to the said" five acres of the said land bounded as follows, that is to say' all as the same are delineated and set forth on the plan thereof by , licensed surveyor, of annexed hereto. And I do by these presents consent to the cancella tion by the Registrar of Titles of the certificate in my favour, and to a new certificate of title being issued to me for the portion of the said land remaining after deduction of the five acres, which land will then be bounded as follows" all as the same is delineated and set forth on the plan thereof by , , licensed surveyor annexed hereto. And for the doing, noting and registering all that is necessary in the premises, I hereby authorize and grant warrant to the Registrar of Titles accordingly. Given under my hand this day of 19 . Signed before and in the presence of Title lJy Given Transferor. FORM 6. S. 23. ANTIGUA AND BARBUDA. MEMORANDUM TRANSFER OF PART OF LAND IN CERTIFICATE TITLE. of' title of Signature of Transferor. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 'Name of transferor. describe by name it has of insert boundaries ofjiue acres sold. follows description of land remaining in possession of by Registration Act. , being registered proprietor of the estate of as the same is fully set forth and described in the certificate of title in my favour, dated the day of , 1 9 , a n d registered in Vol. , Fol. , of the register of titles in consideration of the sum of $ paid to me by2 , the registered proprietor of all as the same is set forth and described in the certificate of title in favour of the said2 , dated the day of , 19 , and registered Vol. , Fol. , of the register of titles do hereby transfer to the said2 and all subsequent registered proprietors of the land last above described, a right of way through my said estate of , at the point and in the direction set forth on the plan by , licensed surveyor, of , annexed hereto, for the purpose of having access to the stream of for watering horses, cattle, and all manner of flocks and herds, and for carrying water therefrom in kegs, casks, or other suitable manner, and I consent that the said right of way be noted on or added to a certificate of title of the said land last above described to be granted by the Registrar of Titles in favour of the said2 and to form part of the title of the registered proprietor of the said land last above described in all times to come. And for all that is necessary to be done in the premises I authorize and grant warrant to the Registrar of Titles accordingly. Given under my hand this day of 19 . Signature of Signed before and in the presence of 'Name of transferor. of transferee. describe Land of transferee. 2Here 'Name transferee. 'Here new land briefly FoRM 7. ANTIGUAAND BARBUDA. Title if any. 5Here transferor. s. 25. MEMORANDUM OF TRANSFER OF RIGHT OF WAY TO A STREAM. 1,1 Transferor. 'Name 'Here 79 LAWS OF ANTIGUA AND BARBUDA 80 CAP. 429) Title by Registration Title by Registration Act. MEMORANDUM OF MORTGAGE. registered proprietor of' all as the same is bounded and described in the certificate of title in my favour dated the day of 19 , and registered in the register of titles, Vol. Fol. , in consideration of the sum of advanced to me by way of loan by4 to be repaid on the day of , 19 ,with interest till then at the rate of per cent, per annum, and half yearly and continually thereafter until the said principal sum be repaid, do hereby mortgage the above land as security for repayment of the said sum with interest thereon. And I consent to the noting by the Registrar of Titles of a mortgage for the said sum and interest upon the certificate of title of the said land, and authorize and grant warrant to the Registrar of Titles accordingly. Given under my hand this day of 19 Signature of Mortgagor. Signed before and in the presence of 'Name of mortgagor. describe land from certificate of title. advanced. 'Name of mortgagee. Ti tb by Act. a. General Form. , of the Island of being registered proprietor of all as the same is bounded and described in the certificate of title in my favour dated the day of , 19 , and I,' 'Surn I, FORM 8. ANTIGUA AND BARBUDA. $' 2Here FORM 9. ANTIGUA AND BARBUDA. Registration MEMORANDUM OF INCUMBRANCE. s. 37. S. 51. LAWS OF ANTIGUA AND BARBUDA by Registration (CAP. 429 81 registered in , Fol. , of the register of titles in consideration and other causes and considerations me hereunto moving, do hereby constitute an incumbrance on the said land in favour of of the Island of , for the sum of $ payable" and I hereby consent that the above incumbrance be noted by the Registrar of Titles upon my certificate of title of the said land. And I authorize and grant warrant to the Registrar of Titles to make the noting of such incumbrance accordingly. Given under my hand this day of 19 Signature of Incumbrancer. Signed before and in the presence of 'Here describe Land from certificate title. 'Here state reason for granting incumbrance. 'Here insert time of payment and other details. b. Form for securing a sum of money by way of annuity in favour of a wife. , being a registered proprietor of the estate of" all as the same is bounded and described in the certificate of title in my favour dated the day of 19 , and registered in Vol. , Fol. , of the register of titles having, by contract of marriage dated the day of , 19 , and registered under the Registra tion and Records Act, on the day of 19 , bound and obliged myself to grant to of , in view of our approaching marriage, an annuity of per annum from the said estate of as a provision to her as my wife and so long as she shall remain my widow after my death, to be expended and dealt with as her own property as she shall think fit; and our said marriage being about to be solemnized on the day of , 19 , do hereby, in virtue of the provision contained in the said contract of marriage, give, grant, and constitute to and in favour of the said out of the rents and revenue of the said estate of so long as she shall live and remain my wife, or so long as she shall 'Name of incumbrancer. land from certificate of title. 'Insert sum. I, I $" Vol. of' Title of necessary 2Here describe LAWS OF ANTIGUA AND BARBUDA 82 CAP. 429) Title by Registration remain my widow after my death, an incumbrance of the sum of per annum, the first payment thereof to be made on the day of next, and each year upon the day of thereafter, and I consent to this incumbrance noted by the Registrar of Titles upon the certificate of title of my said estate of and I authorize and grant warrant to the Registrar of Titles to make such noting for the purpose of constituting such incumbrance accordingly. Given under my hand this day of 19 . Signature of Zncumbrancer. Signed before and in the presence of Form for securing payment of various instalments of an amount due. , being registered proprietor of' all as the same is bounded and described in the certificate of title in my favour dated the day of 19 , and registered in Vol. , Fol. , of the register of titles having by contract dated the of , 19 , and registered under the Registration and Records Act, on the day of , 19 , made and executed between myself and" , bound and obliged myself, in the event of the said" supplying me withi to grant him an incumbrance as after mentioned over my said land as security for payment of the instalments payable by the said contract, do hereby, in virtue of the obligation upon me contained in the said contract, constitute in favour of the said:' an incumbrance upon the said land as set forth, a. a payment on the day of 1 9 , o f the sum of $ , or such other sum as may be due by me to him of a less amount than $ at that date in terms of the said contract; b. a payment on the day of ,19 of , or such other sum as may be due by me to him of a less amount than $ at that date in terms of the said contract; 'Name of land from certificate of title. 'Here insert name of incumbrancee. 'Here insert cause for granting incumbrance. being c. I, I day VIZ: $ incumbrancer. 2Here describe LAWS OF ANTIGUA AND BARBUDA Title Registration (CAP. 429 83 c. a payment on the day of ,19 , sum of $ , or such other sum as may be due by me to him of a less amount than $ at that date in terms of the said contract; and I consent to the noting of this incumbrance on the certificate of title of my said land by the Registrar of Titles, and I authorize and grant warrant to the Registrar of Titles to make such noting accordingly. Given under my hand this day of 19 . Signature of Signed before and in the presence of Title Registration Act. , being the registered proprietor of' all as the same is bounded and described in the certificate of title in my favour dated the day of 19 , registered Vol. , Fol. , of the register of titles do hereby lease to9 twenty acres of the said land bounded and described as follows, 4 to be held by him the said" as tenant thereof for the space of years, at the yearly rental of $ payable quarterly, and beginning said payment on the day of ,19 ,and regularly every three months thereafter until the termination of the said lease; And I the said" do accept of the said twenty acres in lease on the terms above specified; 'Name of lessor. 'Here land from certificate of title. of lessee. 'Here insert boundaries and of the 20 acres. of the Incumbrancer. FORM 10. S. 57. ANTIGUAAND BARBUDA. by MEMORANDUM OF LEASE. I I ' viz: describe 'Name description LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title by And we both with one assent and consent, so far as it is necessary for us to do in the relative positions of lessor and lessee, authorize and grant warrant to the Registrar of Titles to note the said lease as an incumbrance on the certificate of title of the said land first above described accordingly. Given under our hand this day of 19 Signature of Lessor. Signed by the said before and in the presence of Signature of Lessee. Signed by the said before and in the presence of FORM 11. ANTIGUA AND BARBUDA. Title by Registration Act. , in right as mortgagee of the sum of $ in terms of mortgage noted upon the certificate of title in favour of2 registered proprietor all as the same is bounded and described in the said certificate of title in favour of the said2 , registered Vol. , Fol. , of the register of titles of which sum the sum of $ remains unpaid, in consideration of the sum paid to me by of which sum I hereby ledge the do transfer the mortgage in my favour, to the extent of the said sum of $ still due thereupon, to and in favour of the said4 , as mortgagee in my room and stead, and I consent to the Registrar of Titles making a note upon the said certificate of title of this transfer; and authorize and grant warrant to the Registrar of Titles accordingly. Given under my hand this day of 19 . Signature of Signed before and in the presence of 84 Registration s. 64. MEMORANDUM OF TRANSFER OF MORTGAGE OR lNCUMBRANCE. I' of' of$ acknow receipt, hereby Transferor. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 85 transfer of incumbrance this form will be followed with necessary alterations. 'Name of transferor. 'Name of mortgagor. describe land as in certificate of t i tk of transferee. Title by Registration Act. I ' , mortgagee, in right of the sum of $ in terms of mortgage noted upon the certificate of title in favour of' , dated the day of , 19 , and registered Vol. , Fol. , of the register of titles having received payment of the same from the said' do hereby discharge the said mortgage, and consent to a noting of this discharge, or the cancellation of the noting of the mortgage, being made by the Registrar of Titles, and, so far as my authority is necessary therefor, I do authorize, and grant warrant to the Registrar of Titles to make such noting or cancellation accordingly. Given under my hand this day of 19 . Signature of Signed before and in the presence of Note.-The discharge of an incumbrance will be in the same with the necessary alteration of words to describe the incumbrance discharged. 'Name of mortgagee. 'Name of registered Note.-For the 'Here 1Name foRM 12. S. 67. ANTIGUA AND BARBUDA. DISCHARGE OF MORTGAGE OR lNCUMBRANCE. Mortgagee. form, proprietor. CAP. 429) LAWS OF ANTIGUA BARBUDA Title by Registration Title by Registration Act. I , being, under and by virtue of a memorandum of lease noted upon the certificate of title hereinafter mentioned, lessee of twenty acres of land bounded and described as which twenty acres form part and portion of the land of4 the registered proprietor thereof, all as the same is bounded and described in the certificate of title in his favour dated the day of , 19 , registered in the register of titles Vol. , Fol. , in consideration of the sum of $ now paid to me by' , , hereby transfer to the said the said lease for the term there of still to run: And I, the said4 , registered proprietor of the said land, consent thereto: And I, the said" , accept the said transfer of the said lease accordingly. And we all, for our respective rights and interests in the pre mises, authorize and grant warrant to the Registrar of Titles to note this transfer upon the certificate of title of the said4 accordingly. Given under our hand this day of 19 . Signature of Signed by the said before and in the presence of Signature of Registered Proprietor, Signed by the said before and in the presence of Signature of AND 86 FORM 13. S. 68. ANTIGUA AND BARBUDA. MEMORANDUM OF TRANSFER OF LEASE. follows of do Transferur. Transferee. LAWS OF ANTIGUA AND BARBUDA by Registration (CAP. 429 8 7 Signed by the said before and in the presence of 'Name of lessee. 'Here follows description of 20 acres from the of lease. of of Title by Registration Act. To registered proprietor of Take notice that , require you to pay off the sum of" due to me by virtue of registered the day of , 19 , and duly noted upon the certificate of title of the said land: and that within sixty days from the date of of this notice. Given under my hand this day of ,19 . Signature of or Signed before and in the presence of 'Here insert description of land from certificate of title. 'Here insert name and designation of mortgagee or incumbrancee. 'Here insert sum in mortgage or incumbrance, with interest actually due. 'Here state the mortgage, incumbrance, or transfer under which the sum is due to the of the notice. Title by Registration Act. Be it known to all men that, by virtue of powers on me con ferred by' Tit/.,e memorandum 'Name transferee. 'Name lessor. FORM 14. s. 71. ANTIGUA AND BARBUDA. NOTICE TO PAYOFF. I,2 service Mortgagee Incumbrancee. gfoer FORM 15 . .ANTIGUA AND BARBUDA. ACT OF SEIZURE. s. 73. LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title by bailiff, on the day of , 19 , did proceed to the land and premises of' and, there being at of the clock on the day and date above written, did seize all that" and the things accessory to the said land which are set down in the inventory hereto annexed, which is subscribed by me as relative hereto; the said land and things to be held for sale in due course of law for non-payment of the sum of4 Of which seizure I do, by this act, give notice to you the said5 , and to all concerned. Done by me at" on the day and date above written, before and in the presence of the witness who subscribes this act of seizure with me. Signature of Done in the presence of Note.-Inventory of things seized to be annexed. 'Here insert name and designation of seizing creditor. insert name and designation of debtor. insert description of land from certificate of title, or memorandum of mortgage. 'Here insert sum as i n notice to pay off, together with the mortgages, transfers, or incumbrances under which the sum is due. 'Here insert name of debtor. of estate or land. Titk by Registration Act. To the Registrar of Titles. Take notice that I,' did on this day of , 19 , cause the land and estate of' , registered proprietor thereof, all as the same is fully set forth and described in the certificate of title in favour of the said , dated the day of , 19 , and registered in Vol. , Fol. , of the register of titles together with all the things accessory to the said land, as the same are set forth in an inventory by the bailiff effecting the seizure, to be seized with 88 Registration I, Bailiff. 2Here 3Here 6Name FORM 16. s. 74. ANTIGUAAND BARBUDA. CAVEAT OF SEIZURE. LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 89 the view to the sale thereof in due course of law for non-payment of' the sum of due to me by virtue of the4 over the said land duly noted on the certificate of title thereof and dated" Given under my hand this day of 19 Signature of Mortgagee or Signed before and in the presence of 'Here insert name and of mortgagee or making seizure. 'Here insert name of debtor. insert sum due. 'Here insert mortgage or incumbrance. insert date of mortgage or incumbrance. Title by Registration Act. Articles of sale of all that' all as the same is fully set forth and described in the certificate of title of the same, registered in Vol. , Fol. , of the register of titles in favour of' as registered proprietor thereof, which land and the things accessory thereto, as set forth in the inventory attached to the act of seizure, have been seized by" by and in virtue of in favour of the said" , duly noted upon the said certificate of title of date the day of , 19 , for non-payment of the sum of5 , as set forth in the notice to pay off and act of seizure lodged in the Registry of the High Court herewith. 1. The day of the sale shall be the day of 19 ,a t o'clock in the noon. 2. The upset price shall be for the land and things accessory thereto, as set forth in the inventory of the bailiff attached to the act of seizure, in one lot. designation FORM 17. ANTIGUA AND BARBUDA. ARTICLES OF SALE. a' Incumbrancee. incumbrancee 1Here 5Here S. 75. LAWS OF ANTIGUA AND BARBUDA 90 CAP. 429) Titk by Registration 3. The sale shall take place at the Registry of the High Court; or at the Court House, if convenient, and the attendance of bidders be numerous. 4. Unless the upset price be offered the land shall be with drawn from sale on that day. 5. The deposit to be paid by the purchaser at the time of the sale to the Registrar of the High Court shall be one-fourth of his accepted bid. 6. The Registrar of the High Court shall sell the said land in the manner usual at auctions, he having first read, or caused to be read, aloud to the assembled bidders these articles of sale. 7. Each bidder shall sign his bid after the amount thereof has been written down on the leaf or leaves attached to these articles of sale. 8. Each bid shall be at least $ the preceding bid. higher than 9. All disputes between bidders shall be determined on the spot by the Registrar of the High Court, whose decision shall be binding on all parties attending the sale. In the event of there being any dispute between two bidders as to who was first to bid a certain sum, the Registrar of the High Court, if he should have any doubt about the matter, may go back to the immediately pre ceding bid, and take the of the disputants anew. 10. The Registrar of the High Court, on bringing down the hammer and terminating the sale, shall declare aloud the last and highest bidder to be the purchaser, and shall also add, if the last and highest bidder shall so desire, that he has purchased not for himself but another, whose name shall also be publicly announced. A memorandum of the announcement thus made shall be added to the biddings. 11. The accepted bidder shall pay the deposit before he leaves the precincts of the Court House or Registry, and, if he ten ders the amount by cheque, the Registrar of the High Court shall not be bound to accept the same unless, or until, the same be accepted by the bank on which it is drawn. 12. The balance the sale price must be paid within one month from the day of sale, and, on such balance being paid, the solicitor having the carriage of the sale will move the Court to biddings qf LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 91 order the Registrar of Titles to grant the certificate of title in favour of the purchaser. 13. The person declared to be the purchaser may enter upon possession of the property immediately after paying the deposit. 14. The property is sold subject to all leases noted on the certificate of title, and all tenancies for shorter dates than three years, of which the purchaser shall be held to have satisfied himself. 15. Whether the property contains the exact measurement mentioned in the certificate of title or not, the purchaser shall be understood to have purchased the land described in the certifi cate of title and be bound to pay the price offered by him. 16. Any taxes due for the said land must be paid by the purchaser. 7 Signature of the Registrar of the High Court. 'Here insert of land and estate from certificate of title or memorandum of mortgage. insert name of registered proprietor. insert name of seizing creditor. '"mortgage" or "incumbrance. sum due by debtor. sum may be suggested by the solicitor who draws the articles of sale, but it must be fixed by the Judge in Chambers with or without a valuation, as he may consider 'Here add any other conditions which may be necessay for ular estate sold. by Registration Act. 1960 May 2. Deposit on sale price received from A.B. . . . Interest thereon from the 2nd day of May to date, at per cent. per annum . . . June 2. Balance of sale price received from the said A.B. Interest thereon from the 2nd day of to date, at per cent. per annum . . . 3Here 'Insert description 'Here 'This FoRM 18. ANTIGUA AND BARBUDA. Titk SCHEME OF DMSION. June necessary. thepartic S. 81. $ LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title by Registration C.D., receiver, balance due on his account G.H., solicitor having carriage of the sale, his taxed costs H.M., amount advanced on crop advance war rant before seizure and applied to growing crop sold with land N.L., first mortgagee (seizing creditor), amount of his claim as settled L.P., second mortgagee, amount of his claim as settled paid over to R.S., the former registered proprietor Note-The scheme of division will be attached to articles of sale following the Title by Registration Act. a. Form with imaginary names and details filled up to serve as a model. CROP ADVANCE WARRANT that, on the 13th of September, 1960, the parties following, that is to say, William Money, Merchant, of , of the one part, and Robert Shortcash, registered proprietor of the estate of in the said Island, of the other part, have contracted, agreed, and ended in manner following, that is to say, the said William Money hath agreed to advance to the said Robert Shortcash, for the pur poses of the crop of 1961 the sum of $4000, in the manner follow ing: the first instalment of $1000 on the first day of November, 1960, upon a promissory note to be given by the said Robert Shorthcash to the said William Money at six months' date; the second instalment of $1000, on the first day of December, 1960, upon a promissory note by the said Robert Shortcash to the said William Money at six months' date; the third instalment of $1000 upon the first day 1961, upon a promissory note by the said Robert Shortcash to the said William Money at six months' 92 Balance bids. THIS To BE D1vrnED THus: $ .......................................................... the foRM 19. s. 98. ANTIGUA AND BARBUDA. CROP ADVANCE WARRANT. witnesseth of January, LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 93 date; and the last instalment on the first day of February, 1961, upon a promissory note by the said Robert Shortcash to the said William Money at six months' date; the whole of the said ments bearing interest at the rate of eight per cent. per annum from the date of advance until repaid. And the said Robert Shortcash binds and obliges himself to apply the said sums solely to the purposes for which they are advanced, to pay for the labour and supplies to produce the crop of the year his land and estate of , as the same is described in the certificate of title thereof in favour of the said Robert Shortcash as registered proprietor, registered Vol. , Fol. , of the of titles. And the said Robert Shortcash further binds and obliges himself to repay said sums advanced at the dates the several become due, viz., $1000 with interest from the 1st November, 1960, on the 4th of May, 1961; $1000 with interest from the 1st of December, 1960, on the 4th of June, 1961; $1000 with interest from the 1st of January, 1961, on the 4th of July, 1961; and $1000 with interest from the 1st of February, 1961, on the 4th of August, 1961; and in everything faithfully to execute these presents according to the spirit and provisions of the Title by Registration Act. And the said parties, with one consent and assent, agree that these presents shall be registered for publication, and also for execution without the necessity for any judgment against the party in default, in terms of the said Act. Given under our hands on the day and date first above written before and in the presence of the witnesses subscribing hereto. Signed by the said William Money before and in the presence of Peter Cash. William Money. Signed by the said Robert Shorthcash before and in the presence of Theophilus Skimmings. Robert Shorthcash. instal viz: 196lon register the instalments OF ANTIGUA BARBUDA 94 CAP. 429) Title Title by Registration Act. b. Form in Blank. CROP ADVANCE WARRANT that on the day of , one thousand nine hundred and the parties following, have contracted, agreed and ended in manner following; that is to say, the said2 hath agreed to advance to the said' for the purpose of the crop of 19 , the sum of4 at the dates, and in the instalments following,' And the said4 binds and obliges himself to apply the said sum solely to pay for the labour and supplies to his land and estate of" to produce the crop of the year 19 : And the said' further binds and obliges himself to repay the said sum advanced in the order in which the instalments of the said sum have been made, with interest thereon, and in everything faithfully to execute these presents according to the spirit and provisions of the Title by Registration Act. And the said parties, with one consent and assent, agree that these presents shall be registered for publication, and also for exe cution without the necessity for any judgment against the party in default, in terms of the said Act. 'Here insert names of parties to the contract, adding "of the one part" after the name of the party who is to give the advance, and "of the other part" the name of the party who is to receive it; where more than two parties, them as of "the part, "the second part," insert name of party of the one part. 'Here insert name of the party of the other part. 'Here insert sum in writing. 'Here insert of the give name of estate-if it is known by any distinguishing name; or, not, insert description of the land. 'Here insert the dates payment o f instalments. THIS LAWS AND by Registration ANTIGUAAND BARBUDA. CROP ADVANCE WARRANT. witnesseth viz.' viz:7 after describe &c. 2Here details transaction "Here if of first or, " LAWS OF ANTIGUA AND BARBUDA Title Registration (CAP. 429 95 Given under our hands on the day and date first above written before and in the presence of the witnesses subscribing hereto. Signature of party of part. Signed by the said before and in the presence of Signature of party of the second part. Signed by the said before and in the presence of Title Registration Act. To the Registrar of the High Court. Take notice that, in virtue of a crop advance warrant, in my favour, dated the day of 19 , a n d registered the party who has received the advance under the said warrant, is now indebted to me in the sum of and I require you to issue execution against his goods and chattels for that amount by virtue of the powers contained in the Title by Registration Act. Signature of Creditor or his Solicitor. 'Here insert name debtor. 'Here insert sum owing, whether whole amount or balance. the first FoRM 20. s. 105. ANTIGUA AND BARBUDA fry CROP ADVANCE WARRANT:APPLICATION FOR EXECUTION. viz.' of LAWS OF ANTIGUA AND BARBUDA 96 CAP. 429) Title by Registration Title by Registration Act. ELIZABETH THE SECOND, by the Grace of God, Queen of Antigua and Barbuda and of Her other Realms and Territories, Head of the Commonwealth: WHEREAS, on the day of , there was registered in our registry of bills of sale a crop advance warrant of the following words and tenor And the above namedz hath given notice in the manner required by the Title by Registration Act, that the other party to the said crop advance warrant, is now indebted to him, in virtue thereof, in the sum of Now these are to command you and every of you, the bailiffs and officers of Our High Court that, in virtue hereof, you do levy execution upon the goods and chattels of the said9 for the said sum of4 in the same manner and with the same due diligence as if a judgment had been pronounced against the said3 by Our said High Court for the sum aforesaid-all in terms of the provi sions of the Title by Registration Act. in this see that ye fail not as ye will answer to Us there upon. Signature of Registrar of the High Court. Seal of High Court. 'Here copy advance warrant verbatim with signatures. insert name of person taking out execution. insert name of debtor. 'Insert sum owing. foRM 21. s. 105. ANTIGUA AND BARBUDA. EXECUTIONFORSUMDUEON CROP ADVANCE WARRANT. 19 ,. And crap 2Here 'Here LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 97 Title by Registration Act. WHEREAS' , is the registered proprietor of all as the same is set forth, bounded and described in the certificate of title in his favour dated the day of 19 , and registered in the register of titles Vol. , Fol. AND WHEREAS, under and by virtue of an order of the High Court, dated the day of 19 . and made in an wherein is the plaintiff, and the defendant, the estate or right of the saidP in the said land was sold, at public auction, by , the undersigned Registrar of the High Court to for the sum of $ , now the said4 as such Registrar as aforesaid, in consideration of the said sum paid to me by the said the receipt of which I hereby acknowledge, do, under and by virtue of the provisions of section 108 of the Title by Registration Act. herebv transfer the said land to and in favour of the saidb , and hereby authorize and require the Registrar of Titles to cancel the certificate of title in favour of the said3 and to issue a new certificate of title (with all mortgages and incumbrances, if any, duly noted thereon) in favour of the said6 Given under my hand this day of 19 . Signature of Registrar of the High Court. Signed before and in the presence of Note.-The above form applies where the estate or right of a registered is to be Where a incumbrance is to be the above form is to be varied accordingly. 'Full name, residence and description of registered whose land has been sold. insert description of land from of title. 'Full name of registered whose land has been sold. name of Registrar of High Court. name, residence and of purchaser. name of purchaser. FoRM 22. ANTIGUA AND BARBUDA. MEMORANDUM OF TRANSFER ON SALE BY REGISTRAR OF HIGH COURT. of$ propnetor transferred, description action transferred. 2Here me,4 I, mortgage or proprietor •Full 5Full proprietor certificate S. 108. 'Full LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title by Registration Title by Registration Act. To the Registrar of Titles. Take notice that claiming to be entitled to stay the registration of any dealing in all that2 of which is the registered proprietor, and caveatee under this caveat, do hereby forbid the registration of any dealing with the said land accordingly. My right to present this caveat arises from the following facts and circumstances My address for the purposes of the Title by Registration Act, and the sections thereof relating to caveats, is Given under my hand this day of 19 . Signature of Caveator. Signed before and in the presence of 'Here insert name and description of caveator. describe land in of titk insert name of proprietor. 'Here describe how the interest of to present caveat arises. AFFIDAVIT BY THE SOLICITOR. , solicitor for the above named and described , make oath and say that the allegations in the above caveat are true in substance and fact to the best of my knowledge and belief. Signature of Solicitor. Sworn before me, this day of , 19 . 98 certificate I, ANTIGL'AAND BARBUDA. I l ' CAVEAT. land' caveator CAVEATOR'S 2Here regi,stered S. 111. as LAWS OF ANTIGUA AND BARBUDA Title by Registration 429 99 Title by Registration Act. To the Registrar of Titles. Take notice that I,' , having on the day of 19 , presented a caveat to forbid the registration of any dealing in all that' of which land is registered proprietor and caveatee; now order the with drawal of the same. Given under my hand this day of 19 . Signature of Signed before and in the presence of 'Here insert name and of caveator. describe land as in caveat. AND BARBUDA. Title by Registration Act. To the Registrar of Titles. Take notice that I,' being the registered proprietor of all that' all as the same is more fully described in the certificate of title, in my favour, dated the day of , and registered Vol. , Fol. , of the register of titles having been informed that a caveat has been presented by:' forbidding the registration of 'Here insert name of caveatee. describe land from certificate of title. insert name of caveator. (CAP. FORM 24. S. I 16. ANTIGUA AND BARBUDA. ORDER OF WITHDRAWAL OF CAVEAT. the Caveator. description 2Here FORM 25. s. 117. ANTIGUA ORDEROF REMOVAL OF CAVEAT. 19 2Here 'Here LAWS OF ANTIGUA AND BARBUDA 100 CAP. 429) Title by dealing in the said land; hereby order the removal of the said caveat. My, address within Antigua and Barbuda for the purposes of the Title by Registration Act, and the sections thereof relating to caveats, is Given under my hand this day of 19 . Signature of Signed before and in the presence of FORM 26. ANTIGUA AND Title by Registration Act. SUMMONS TO APPEAR BEFORE THE REGISTRAR OF TITLES. To' I' , Registrar of Titles believing that you can give evidence or explanations in regard do hereby, in virtue of the powers conferred upon me by the Title by Registration Act, summon you to appear before me at my office on the day of , 19 , there to answer such questions as may be put to you, under peril, if you fail to attend, of the pains and penalties provided in the said Act. Given under my hand and seal this day of 19 L.S. Signature of of Titles. 'Here insert name of party whose evidence is desired. insert name Registrar. state nature of the to' 'Here briefly Reg;istration Caveatee. s. 142. BARBUDA. Registrar 2Here enquiry. of LAWS OF ANTIGUA AND BARBUDA Title by 429 101 Title Registration Act. I ' do hereby appoint my attorney to do in my name and as my acts all things necessary in relation to the land of which I am at present registered proprietor in Antigua and Barbuda and to any land of which I may subse quently become registered proprietor. The saidS may sell the said land and sign the instrument necessary to obtain the purchaser entered on the register, he may mortgage or incumber the said land, and sign the instruments necessary to create the mortgage or incumbrance, he may enter into and sign crop advance warrants for the wants of the estate, grant leases for the terms of years usual in Antigua and Barbuda, and discharge or transfer mortgages or incumbrances, cancel leases, receive and discharge rents and interests, collect and discharge debts, carry out all agreements and covenants in regard to the said land, make, vary and discharge such agreements and covenants, and maintain and defend suits in regard to occupation, trespass, and every other right and matter in which I have interest, submit any question or questions to arbitration, and generally, in relation to the said land, do everything which I myself could do if personally present. Given under my hand this day of 19 . Signature of Grantor. Signed before and in the presence of 'Here insert name and of grantor of power. insert name and description of the person appointed. of 'Here insert such of the following powers, and such others, as may be desired. Registration (CAP. foRM 27. s. 146. ANTIGUAAND BARBUDA. by POWER OF ATTORNEY. description 'Here 1Name attorney. LAWS OF ANTIGUA AND BARBUDA CAP. 429) Title Registration Title by Registration Act. [At the end of the duplicate certificate of title in the hands of the registered proprietor the Registrar of shall as follows:-] In virtue of the provisions of the Title by Registration Act, the above named , registered proprietor of the land described in the certificate of title, may deal without the limits of Antigua and Barbuda with the above land. No dealing within Antigua and Barbuda with the said land can be registered until this document be returned, and all dealings with the land, outside Antigua and Barbuda, when done in conformity with the provi sions of the Title by Registration Act, shall be registered as of their respective dates. In witness whereof I have hereunto signed my name and affixed my seal this day of 19 . Registrar of Titles. L.S. Title by Registration Act. Claim by , , under section 163 of the Title by Registration Act, for the decision and direction of the Court of Appeal. The claimant, on the day of , applied to the Registrar of Titles for the issue to him of a certificate of title to I am aggrieved by such decision, and humbly claim the decision 'Here state decision which occasions claim. 102 by FORM 28. S. 149. ANTIGUA AND BARBUDA. CERTIFICATE OF CLOSING OF JhGISTR'ITION. Titl,es write FORM 29. S. 163. A'lTIGUAAND BARBUDA. CLUM FOR THE DECISION OR DIRECTION OF THE COURT OF APPEAL. IN THE SUPREME COURT of 19 describe land. 2Here OF ANTIGUA AND BARBUDA Title by 429 103 and direction of the Court of Appeal in terms of the Title Registration Act. Given under my hand this day of 19 . Signature Claimant. Signed before and in the presence of THIRD SCHEDULE S. 148. Notaries Public; Commissioners appointed under the Commissioners for Oaths Act, if empowered by their commissions to administer oaths for the purposes of this Act; principal repre sentatives of the Government in any Commonwealth or foreign country; Commissioners for taking oaths and affidavits in the Supreme Court of Judicature in England and Northern Ireland; the Lord Mayor, Provost, Mayor, Provost, or Chief Magistrate of any city, town, or municipal corporation within the Commonwealth, the Colonies or the United States of America; the Governor or Officer administering the Government, of any British Colony or Possession; any Judge of any Court of Record of the Commonwealth, the Colonies and Possessions of Great Britain, and the United States of America; and the Ambassador, or Officer performing the duties of that office, the Consul, or Consular Officer performing the duties of Consul. in any foreign country or possession, town or place, where such functionaries may be found. All these may also witness the instrument, but, if private par ties have been the witnesses to the signatures, one at least of the witnesses must appear before one of the officers above named, and sign in his presence, a certificate that he saw the party sign, and that the signature is of his proper handwriting. Where an instrument signed out of Antigua and Barbuda does not technically agree with the provisions of this Schedule, the Registrar of Titles, to save vexations and hurtful delays, may take the direction of a Judge upon the point in conformity with the provisions of this Act. LAWS Registration (CAP. lw of Lord LAWS OF AND BARBUDA 104 CAP. 429) by FOURTH SCHEDULE S. 156. On every request for the issue of a first certificate of title the value of land- $ cts. does not exceed $240 exceeds $ 240 and does not exceed $ 720 1.75 exceeds $ 720 and does not exceed $1440 2.60 exceeds $1440 and does not exceed $2880 4.32 exceeds $2880 and does not exceed $4800 8.64 exceeds $4800 17.50 On every memorandum of transfer of where the value of the land does not exceed $1 200 ......................................... exceeds $1200 and does not exceed $2400 1.75 exceeds $2400 and does not exceed $4800 3.46 exceeds $4800 8.64 every request, on transmission, for a new certificate of title the same fee as on a memorandum of transfer. On every certificate of title (except as provided in section 7 of this Act) the fee of one cent in every four dollars provided by section 18 of this Act. On every memorandum of mortgage where the amount of the mortgage does not exceed $480 ........................................... .45 exceeds $ 480 and does not exceed $1200 .86 ......... exceeds $1200 and does not exceed $2400 2.50 ......... exceeds $2400 and does not exceed $4800 4.32 ....................................................... exceeds $4800 8.64 On every transfer or discharge of a mortgage one half the fee payable on a memorandum of mortgage. On every memorandum-of incumbrance; and on every transfer or discharge of an the same fees, respectively, as on a memorandum of mortgage, and on a transfer or discharge of a mortgage. ANTIGUA Title Registration where .86 land .86 On incumbrance OF ANTIGUA AND BARBUDA by (CAP. 429 105 N.B. The value of the incumbrance is to be calculated as provided in the case of incum brances in the Fifth Schedule. On every memorandum of lease where the rent does not exceed $240 ........................................... exceeds $240 and does not exceed $480 exceeds $480 On every request for the transfer or cancellation of a the same fees as on a memorandum of lease. On every caveat, other than a caveat under section 74 of this Act ................................................... On every caveat of seizure ...... On every order of removal, or withdrawal, of a caveat O n every claim, under section 163 of this Act, for the decision or direction of the Court of Appeal On every power of attorney for the purposes of this Act .. ................... On every certificate of closing of registration ..................................... On every search under one name* On every general search* On every certified copy of any if it does not exceed 5 folios if it exceeds 5 folios, then for the first 5 folios and for every folio exceeding the first five N.B. A folio is to be reckoned at 72 words. An incomplete folio is to be reckoned as a folio. O n publication of application for certificate of title the cost of such publication (section 12). On registration of an order under section 109 of this the same fee as on a memorandum of mortgage. $ cts. .45 1.20 2.50 * In a search book shall be in person making search shall and sign a memorandum the search, and IAWS lease every registry enter pmper stamp. Title Registration document kept, which the vf Act 1.20 2.50 1.20 1.20 2.50 4.32 .86 2.50 1.20 1.20 .20 the affix thereto the LAWS OF ANTIGUA AND BARBUDA 106 CAP. 429) Title by Registration On every request, under section 63 of this Act, in respect of an equitable the same fee as on a memorandum of mortgage. On every scheme of where the sale price- $ cts. does not exceed $720 exceeds $ 720 and does not exceed $ 1440 2.50 exceeds $ 1400 and does not exceed $ 2880 4.32 exceeds $ 2880 and does not exceed $ 4800 13.00 exceeds $ 4800 and does not exceed $14400 26.00 exceeds $14400 43.20 On every crop advance where the sum lent does not exceed $480 ........................................... .45 exceeds $ 480 and does not exceed $1440 .86 exceeds $1400 and does not exceed $2880 2.50 exceeds $2880 and does not exceed $4800 4.32 exceeds $4800 8.64 On every transfer of a crop advance warrant .45 ........... On every execution under a crop advance warrant 1.20 FIFTH SCHEDULE S. 155. 1. First Certificate of Title and Transfer subsequent to First Certificate of Title. Fee based upon the value of the land on the following scale For the first $480 minimum fee $20.16 For the second $480 $10.08 For the next $3840 For each succeeding $4800 or part thereof 1% 2. Transmission-Taking out Certificate of Title, Consolidation of Titles and Crop Advance Warrants. Fee based upon the value of the land, or, in the case of Crop Advance Warrants, the estimated crop value, on the following scale mortgage division .86 warrant LAWS OF ANTIGUA AND BARBUDA Title by Registration (CAP. 429 107 One half of the sums specified in the categories set out in paragraph 1 of this Schedule. 3. Mortgages, Transfer of Mortgages and Incumbrances. .................................................. For the first $480 $15.12 ............................................... For the next $4320 For all amounts in excess of $4800 4. Discharge of Mortgages and Caveats For indorsement of discharge $10.08 Entering, withdrawing or removing Caveats $10.08 5. Sale of Incumbered (a) Fees based upon the sale value of the land sold on the following For the first $480 5% For the next $480 4% For the next $1920 3% For the next $16,320 2% For all amounts in excess of $19,200 ( b ) For each additional application for or incidental to the sale of incumbered land, such fee as the .......................... Court may allow not exceeding $15.12 6. For replacement of a lost Certificate of Title $15.12 7. Any work performed under this Act not provided for ............................................................. by this Schedule. Such fee as the Court allow under section 155. several Land. scale may